Laws of Nature and Man's Impact on Earth

The Laws of Nature and Other Stories Atty.
Tony Oposa
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CHAPTER 1
AN INTRODUCTION TO THE LAWS OF NATURE

Subhead: Natural laws have governed life on Earth since the planets beginnings 4.5 billion years ago. Today, in the
Philippines as well as all over the world, man has come up with new laws to steward the Earth, while ironically pushing his
home planet closer to the brink of total destruction.

PART I: On Space, Time and Man

Subhead: Its been a long way since the beginnings of our galaxy to the time man first walked the Earth

SOMEWHERE in that vast ocean of space called the Universe lies an archipelago of stars, the Milky Way. By galactic standards,
the Milky Way is not large, only about 80,000 light years from one end to the other.

About three-fourths of the way to the outer rim of this galaxy is a star that glimmers like a firefly in the dark night. We call it the
sun. It is the center of some nine planets that continuously circle around it, and is the source of all heat and energy.

The third heavenly body away from but turning around the sun is the Earth. In relation to the planets in our solar system, ours
is not very large; in fact, it is the fifth smallest planet. By galactic standards, the Earth does not even amount to a grain of sand
in the sea of space.

But the Earth is quite special. It is not too close to the Sun to be too hot, but neither is it too far away to be too cold and frozen.
In other words, it is just right, and as far as we know, it is the only planet that contains life.

Some scientists have tried to guess at the age of the Earth. They say it is about 4.5 billion years old, give or take a few
hundred million. But let us think about that for a little while: four billion and five hundred million years old. Considering that
humans have an average life span of only 60-70 years, our frame of reference makes it difficult to think in terms of a thousand,
a million, let alone 4.5 billion years.

We know that at the beginning, the Earth was a mere cloud of gases that condensed and became a solid mass. By the magic
of Creation, the swirling gases formed a delicate mixture of airthe first element of life. In time, the gases turned into vapor
that condensed to become waterthe second element of life.

In ancient times, the Greeks called the Earth their oikos, Greek for the word home. They figured out that Earth was indeed a
common home to human beings and to the other forms of life that shared this space.

Oikos is also the root word of eco, the root word of ecology. Ecology is therefore the study of the Earth and of all things,
living and non-living, that can be found in it. Oikos is also the root of the word eco-nomics, the study of the material
provisions of one of Earths inhabitants, man. Economics is therefore only a tiny part of Ecology, and is quite irrelevant to the
lives of the other inhabitants of this common living space.

Life in the last four billion years
We generally think that life came to be when the Earth itself came into being. But for most of Earths history, there was no life
on this planet. Of the Earths 4.5 billion years, life did not start to appear until about 600 million years ago, and then only in the
form of single-celled organisms.

Add a few more millions of years, and in time these single-celled organisms began to form into
the more complex algae, then fungi, and then other soft-bodied marine animals.

It was during the first period of visible life that clams, mollusks, starfish, and seaweed began to populate the sea, when al most
all of the Earth was covered with water. After several millions of years more, a skeletal structure with a more complex nervous
system began to take shape. This became fish, many of which still live in the sea. This was the period when the fish
dominated the planet, the period is known as the era of the fish that lasted from 600 million to 200 million years ago.

In time the skeletal structure of the fish became more sophisticated. They crawled out of the water and began to live on land.
To adapt and to be able to breathe air, these early creatures developed lungs. This age marked the birth of reptiles.
Crocodiles, snakes, lizards and turtles are living examples of our reptilian ancestry. A kind of reptile that lived during this
period, now known as the Jurassic period, was called the dinosaur. Their species lasted from about 200 million to about 70
million years ago, after which they became extinct.

One interesting explanation for the dinosaurs mass extermination is the asteroid theory. A large asteroid was said to have hit
the surface of the Earth, kicking up great clouds of dust. The dust was so thick and so widespread that the resulting clouds
covered the Earths atmosphere like a blanket, which the suns rays could no longer penetrate. Without the sun, plants started
to die and the dinosaurs ran out of food.

About 70 million years ago, there appeared a more sophisticated kind of animal, the mammal. While reptiles bore their
offspring in the form of eggs, mammals gave birth to smaller versions of themselves. Also, mammals fed their young with the
mothers breast milk. It was the time of animals like cats, horses, monkeys, and apes, which were distinctive because of their
more complex nervous system and level of intelligence. The mammals grew in number and variety. In natural history, the
The Laws of Nature and Other Stories Atty. Tony Oposa
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period we are living in today is known as the age of mammals.

Over the last two million years, however, there has been a significant addition to life on Eartha form of mammal known as
man. Man has two physical characteristics that distinguish him from other animals. First, he stands on two feet and walks
erect, the only animal that does so. Unlike his other cousins from the Hominid familyapes, gorillasman does not need his
front limbs to walk or climb.

Kingdoms of life
Before discussing the dominance of man, we would do well to first examine the two classifications of life on Earth.

Inhabitants
of the Plant Kingdom are classified in ascending order of complexity. At the bottom are phytoplankton, algae and mosses.
Higher up are the grasses, vines, shrubs, and bushes, and all the way up is the most biologically sophisticated kind of plant,
the tree. For this reason, trees are known as the climax species in the Plant Kingdom.

As a living organism, the tree is quite complex. It can absorb water from the soil and then pump it high up to the leaves. It can
absorb carbon dioxide from the atmosphere, and with the energy of sunlight, chemically process it into food and then convert it
into matter. Trees exhale oxygen, the gas needed by animals, and inhale carbon dioxide, the gas discharged by animals.
Trees also serve as the home of birds, monkeys, lizards, insects, ferns, orchids and thousands of other plants and animals. A
tree is also capable of reproduction through the seeds of its fruits, fruits that animals feed upon.

The other kingdom is the Animal Kingdom. Through time, single-celled organisms evolved into anemones, mollusks and fish.
The ladder rose further to include land-dwelling animals such as insects, worms, snakes, lizards, crocodiles, bears, pigs,
cattle, cats, monkeys, baboons, chimpanzees, and apes.

At the peak is the Animal Kingdoms version of a climax species,
man.

Perhaps because they are the climax species of their respective kingdoms, there is a special bond between man and trees.
This probably explains why humans feel an indescribable sense of majesty when in the presence of a large tree, and a sense
of solace by simply sitting in its shade.

But there is a difference in their ecological functions. Whereas a tree performs essential ecological services, like holding soil
and water and providing a habitat for others, man does not. He is not a producer, but is only a user and consumer of both
plants and animals, for food and for fancy.

Like the dinosaurs, man is an omnivorehe eats almost anything and everything. Man is also an omni-userhe uses almost
everything. Whereas dinosaurs had no need for lifeless rocks, in this day and age, humans use rocks and metals for various
(and some very silly) purposes.

What is even more alarming is that after use, man throws away what is left as waste. Even at the height of their dominance on
Earth, the dinosaurs waste served to nourish the soil.

Biologists and anthropologists have long studied what makes man different from other animals. Let us begin with the
similarities. In terms of physical structure, humans are not very different from apes. In fact, a recent study indicated that our
DNA make-up is almost 99 % identical to that of a chimpanzee.

In the science of ethology, the study of animal behavior, there are three imperatives common to all animal life: food, sex, and
politics. All animals eat to sustain themselves; all animals breed to perpetuate themselves; and all animals have some form of
social organization.

It was once thought that only humans used tools, until we discovered that chimpanzees also did, ingeniously using twigs to
poke into holes for termites. Humans once thought that affection and care for others, the trait known as altruism, was unique
to man. Recent discoveries, however, reveal clear evidence that dolphins and elephants, among other creatures, are just as
caring for their sick and injured, often even at risk to their own life.

Humans also once believed that only they used language. Once again this has been proven wrong. With the use of
sophisticated sonar equipment, we have learned that whales, monkeys and even birds use some form of language to
communicate with one another.

Scientists have concluded that the differences between humans and other animals lie in the degree and sophistication of
particular traits. Man discovered the use of fire, and that made all the difference. However, it seems that since he began to use
fire, he has done so in a manner that has caused himself great harm.

The evolution of man
Physically, there is now little doubt that monkeys, apes and humans have a common ancestor. What this common ancestor
looked like are still the subject of much research, thus the continued search for the so-called missing link.

Somewhere along the path of our evolution, our species

branched off from that common ancestor and we acquired physical
characteristics distinct from our cousin apes. Our pelvic bones allowed us to walk on only our hind limbs, which became two
legs and feet. This event marked the point of emergence of our early ancestors, the species Homo erectus, the erect human.

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As the hind limbs became devoted to walking, the front limbs became the hands. Having been freed from the drudgery of
locomotion, the human hands began to follow the directives of a naturally curious mind and became the extension of the
human brain. Holding and manipulating things was made easier by an opposable thumb.

We do not know for sure how the hand became useful. Man probably first learned to use his hands to repel the attack of fellow
animals, resorting to sticks and stones. Still later, he probably learned to use these sticks and stones a little more
imaginativelyto subdue, capture, control and even kill creatures larger than himself.

With the ability to control other animals came a newfound sense of security. Man now had the time to explore his surroundings
even more. From then on, it was a matter of time before he discovered fire, and learned to use it to cook his food, to heat his
body in cold weather, and as a weapon of defense and offense.

All these happened only in the last 200,000 years. Mans ancestor, Homo erectus, walked the Earth some two million years
ago. Judging from the fossilized remains of his skull, he had an average brain size of only about 1,000 cubic centimeters (cc).

Homo erectus successor species, the kind of man that walked the Earth between 500,000 and 200,000 years ago, had an
average brain weight of 1,200 cc. This was the species called Homo sapiens. In Latin the word sapiens means wise. The
term Homo sapiens, therefore, refers to the member of the Hominid family that is, or at least claims to be, wise.

Over the last 200,000 years, the brain of Homo sapiens appears to have grown even more. Today, the average human brain is
already about 1,450 cc. In fact, man today no longer calls himself merely a Homo sapiens, but a Homo sapiens sapiens. Man
now claims to be doubly wise.

A claim, of course, is not proof of fact. And the physical evidence of what has happened to the Earth as a result of mans
behavior will prove that he is sorely lacking in the wisdom needed to deal with nature.

PART II: THE LAWS OF NATURE

Subhead: If he is to rule the Earth well, man must first respect her natural processesand understand the consequences of
disturbing them

WE are now beginning to realize that in the general scheme of the universe, we are but one among many, many life forms. We
are the most recent newcomers on this planet that we share with other lives. It is now the turn of the species Homo sapiens
sapiens to rule the Earth.

But to rule the Earth well, we must first know the rules. We must first discover, and then understand, the principles of the
Earths housekeeping. Nature, to be commanded, must be obeyed.

Since ecology is the study of our home, the planet Earth, and everything in it, it has also been defined quaintly as the study of
planetary housekeeping. More commonly, ecology is known as the study of the inter-relationships of all living and non-living
things on Earth.

Nature is defined simply as all things not made by man, and thus made by a being greater than him. The environment refers
to natural surroundingsthe plants, the animals, the land, the air, the waters and all the things around us not made by man.
An environmentalist, therefore, is one who appreciates or cares for the well being of his or her natural surroundings. In this
sense, everyone is an environmentalist. After all, who among us would like to breathe foul air or drink dirty water?

On the other hand, who among us would like to live in a place where the air and the waters are clean, where the soil is rich,
where we can bathe in the seas and in the rivers? Who among us would like to live in a place where there is plenty of open
space, where the grass is green and the trees are tall? It is therefore in everyones interest to keep our land, air and waters
clean and plentiful. When this happens, the way we look at the Earths natural resources begins to change. Such resources
cease to exist simply for human use and pleasure, but are now seen as elements necessary to life itself.

Following the rules
In the study of ecology, there are four simple rules that we need to bear in mind. In nature, 1) everything is interconnected; 2)
everything has to go somewhere; 3) nothing is for free, and 4) nature has the last say. These are the basic rules that govern
the activity of all life on Earth.

We often hear of the balance of nature. Just what is this balance? Imagine for a moment that our little planet is a boat, and
that all the animals and plants in the world its passengers. If the animals and plants are interacting well and do not exceed the
vessels carrying capacity, the boat will be in a state of balance. However, if it is overloaded, it is bound to sink at the slightest
hint of wind and waves.

Let us look at one of the most basic elements of lifewaterand all the lives that it supports. The movement of water is like a
cycleit moves from the water below to the air above and back again. Like a chain, every link in the process is important. If
one link is weak, the whole chain is broken.

The hydrological cycle (cycle of water) has several components that perform diverse functions in a state of normal balance.
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Water is the basic element of life, without which all living things wilt and die. The human body is 70% water, and so is the
Earth itself. The cycle is like a chain, its parts so closely interconnected with one another that a break in one of the parts may
result in the collapse of the whole.

Clouds are actually water in gaseous form. They are generally found two to 12 kilometers up into the troposphere, the lowest
part of the atmosphere. Many things happen in these clouds as a result of the interaction of water, light and air. Within those
clouds, lightning, thunder, and air turbulence are so common that even the mightiest airplanes avoid them.

Rain is what falls when the clouds have become heavy with vapor and the vapor becomes water. This is generally known as
precipitation. Rainfall is heavier and more constant in the mountains and in places where there are forests, because forests
contain vast amounts of water in the leaves of the trees and other forms of vegetation. When the clouds pass through the
forests, this water vapor is added to the volume of water already in the clouds. Also, forests are usually located at higher
elevations, high enough to touch the low-lying clouds that contain condensed water vapor. In the grand scheme of nature, the
main source of fresh water on Earth is rainfall.

The leaves of trees and the leaves of grass all serve to cushion the impact of rainfall.

Without these leaves, the impact of water
falling from clouds high above the Earth would be quite heavy, loosening the soil that and resulting in erosion.

The process by which the water in the leaves evaporates into the atmosphere is called evapo-transpiration. It is the
combination of evaporation and transpiration, the transfer of water vapor from a solid substance into gaseous form.

Trees are the climax of plant life, where this kingdom reaches its apex in functional complexity and visual majesty. Plant life is
not only a cushion against rain, but it is food for animal life. Plant life is at the bottom of the food chain, consumed by
practically all the animals except for the carnivores.

Animal life in the Philippines is amazingly diverse and abundant. Animals are also part of the food chain, generally as
consumers. The only material that animals supply in this food chain is the carbon dioxide they exhale and the organic matter
returned to the Earth when the animals eliminate wastes or die. When this happens, the carbon matter contained in the
animals body returns to the Earth and becomes soil.

Bank accounts in the ground
The soil of the Earth acts as a sponge that absorbs the rainwater that falls to the ground. This water then seeps into the
ground and trickles down deeper into underground layers, where it accumulates in an underground water-well called the
aquifer.

The ability of the Earth to act as a sponge and absorb water is known as porosity, i.e., it has pores like the pores of our skin. If
the vegetation on the surface of the soil is removed, its capacity to absorb water through the trickle-down function of the
branches and the root systems is significantly reduced. On the other hand, if the surface is paved over with concrete, the
porosity of the Earth is lost and gone forever.

An aquifer acts as an underground storage tank for this most precious liquid of life. If it were likened to a bank account, an
aquifer is a very long-term time deposit, built up over millions of years. This well is now being used up faster than it can be
recharged. Worse, the very mechanism by which it may be recharged is also being seriously threatened.

One of the tools of modern civilization is the water pipe and the water suction pump. Both enable humans to withdraw water
from the underground storage deposits. With the invention of electricity and the diesel motor, the rate at which water is bei ng
withdrawn from this deposit has rapidly increased. This is all very nice and convenient for human civilization, but what of
nature?

Until very recently, we thought that this underground water source was limitless, and that it simply restored itself. However, the
science of hydrology tells us that we are, in fact, mining water. This bank account is being drawn against insufficient funds.

Waterways and water holes appear when there is an excess of water in this earth-sponge, breaking out in the form of springs.
This is especially evident in mountainous areas with a larger land mass, and therefore, a larger capacity to hold water. Spring
waters first drip and flow to lower ground by gravity. When the waters of many springs converge into a common area, they
gather volume and momentum. They then flow down through a common waterway. These streams and small rivers, or
rivulets as they are sometimes called, feed into major waterways known as tributaries that, in turn, flow into rivers. They are
called such because they literally pay a tribute of water to the roaring rivers of the world.

In some parts of the Earths surface there are deep curvatures and enclosed depressions that are constantly fed with water
from springs, streams and rivers. Bodies of water thus formed are called ponds and lakes.

Bodies of water contain oxygen that enables life to survive and thrive. In water, liquid oxygen is also called dissolved oxygen.
Wherever there is a body of water, life thrives, from the lowest forms of plant life to the different kinds of freshwater fish.

The Philippines is home to one of the largest freshwater bodies in Southeast Asia. It is called Laguna de Bay, a 90,000-
hectare lake right next to Metro Manila. The lake, however, has the special character of having both fresh water and salt water.
It is the drainage and storage area of fresh water from the surrounding watersheds. These waters ultimately drain and find
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their way into Manila Bay through the 23-km waterway called the Pasig River. During high tide saltwater enters the Pasig River
and flows back into Laguna de Bay. This makes its waters ecologically richer with a combination of both freshwater and
saltwater aquatic life. This back-flow of seawater makes Laguna de Bay a rarity among freshwater ecosystems.

The sea is where the flow of water from the mountains ultimately ends. Almost all rivers end up in the sea, the point of rest, the
final destination of a long and winding journey.

Water does not just rest in the sea, however. Waves and tides move it around. It is also converted by heat to water vapor that
rises to the atmosphere and becomes clouds. There in the clouds, it condenses into water and falls as rain.

Human activity falls somewhere in the middle of the water cycle. We are neither a producer of water nor a facilitator of the flow
of water. Like other animals, we cannot live without water. In fact, almost 3/4 of our body is a form of red water that contains
dissolved oxygen. We consume water directly into our bodies by drinking, or indirectly through the vegetables and fruits that
we eat, all of which are also mostly water.

For other animals in their natural state, the water they consume is discharged directly back into the soil through one end of the
bodys food canals. Thus, animal wastewater is returned to the Earth, serving as food that nourishes plant life. When animals
die, their material remains are acted upon and digested by microbes, bacteria, and the ever-efficient worms. Thus, the circle of
life and the cycle of water go on and on, each part dependent on the other, each nourishing the life of the other. Nothing is
wasted.

Disturbing the water cycle
This chain of life is only as strong as its links. Break one link and the flow is disrupted. What will happen if we cut down our
trees en masse and burn down the remaining vegetation?

1. ErosionThe leaves of trees can no longer cushion the impact of the water falling from above. With the waters hitting the
soil directly in a continuing bombardment of raindrops, the soil loosens up and goes rushing down the waterways.

2. No aquifer rechargeWithout the leaves and branches that allow the rain to trickle down and be slowly absorbed by the
roots of the plants, the water simply runs off through the waterways. Thus, the ability of water to replenish the aquifer is almost
completely gone.

3. Dried-up streams and waterwaysBecause there is hardly any excess water in the soil, less water comes out of the
springs. Thus, water flow becomes alternately torrential during heavy rains, or a mere trickle during dry days.

4. Sedimentation of waterwaysThe soil eroded by the rains becomes mud, covers the habitat of the fish, shrimps, and crabs,
and smothers the water containing dissolved oxygen. Aquatic life is the first to go. The process by which the riverbed or the
seabed is covered with mud from the erosion of soil is called sedimentation or siltation.

5. FloodingSince the flow of water is now unregulated, excess water overflows from the waterways. This is an otherwise
normal occurrence in nature, and in fact keeps the floodplains enriched with the nutrients of silt from the soils of the uplands.
However, because human settlements have been wrongly located in flood-prone areas, the overflow of water and mud now
causes destruction instead of nourishment.

6. Siltation of nearshore areasThe nearshore areas are those that are richest in marine biodiversity. There live the
underwater forests, the coral reefs and sea grasses that are abundantly fed with life-giving sunlight. Because the mud carried
by the rushing waters usually ends up in the sea, it eventually covers the coral reefs and sea grasses, smothering their
breathing pores and depriving them of sunlight. The coral reefs die. Siltation and pollution of nearshore areas and the coral
reefs are said to be the cause of the loss of half of all marine life in the coastal zones.

As a consequence, fishermen fishing conveniently in nearby areas now have to travel greater distances, spend more time and
effort, more fuel and man-hours just to catch even less fish than they used to. In the market this translates into an increase in
the price of fish.

7. A catastrophe for humansHumans come in as users and consumers, and often, as wastrelsthe cause as well as the
victims of their own recklessness. Because they choose to locate themselves in the flood plains and estuaries (such as much
of the City of Manila), because they choose to constrict the flow of water with structures built on the very waterways
themselves, flooding occurs. Because they choose to throw garbage and other solid wastes into streams and rivers, and
because they choose to denude the mountains and watersheds around the waterways, they ultimately become the victims of
natures justice.

Thus, notwithstanding all the hydrologic innovations of man and his mechanisms to control nature, water will always seek its
own level.

PART III: A Snapshot of the Philippine Islands

Sub: The Philippines is home to an abundance of extraordinary plant and animal speciesbut they are disappearing fast
because of pollution and habitat destruction
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SOMEWHERE in the western Pacific Ocean, slightly above the equator, is a cluster of islands that looks like a string of pearls.
It is known as the Philippine Islands, an archipelago of some 7,107 islands. Measured by the standards of geological time, it is
a relatively young landmass, only about 30-50 million years old, long past the age of dinosaurs.

Because the islands are of volcanic origin, this archipelago has an interesting and complex geological history and composition.

The Philippine Islands lie in the Pacific rim of fire, a volcanic and earthquake belt that rings the Pacific Ocean.

With only 300,000 sq m of land, the Philippines is quite a small territory.

About 1,000 of the islands are inhabited by some 80
million people. The islands range in size from mere outcroppings of rocks and sand bars, to mid-sized island-provinces, the
island of Luzon being the largest at 10.5 million hectares.

What is unusual and extraordinary about the Philippines is not so much its land and the biological diversity contained within.
What is more extraordinary is its 220 million hectares of territorial seas.

The Philippine Islands are bounded on each side by several bodies of water: the Pacific Ocean to the east, China Sea to the
north and the west, and the Celebes Sea to the south. They are also located at the apex of that patch of the Earth that
contains the most biologically rich marine life in the worldthe Sulu-Sulawesi Marine Triangle. This triangle, which also covers
Malaysia and Indonesia, contains up to 500 coral species, six of the seven species of sea turtles in the world, and 2,500 kinds
of fish, almost all of which are found in the Philippines.

The climate of the Philippines is generally warm and humid. The average temperature ranges from 29 to 34 degrees Celsius.
While the climate and the seasons vary in some parts, much of the country has two discernible seasons, a rainy season from
June to November and a dry season from December to May. Those wet months more or less coincide with the monsoon winds
and rains. From December to mid-May blow the northeasterly winds known as the amihan, while June to November is the time
of the southwesterly winds known as the habagat.

Living in a tropical island has its obvious benefits. With a coastline of 32,000 km, the Filipinos are extremely close to the
source of the seas bounty. No doubt the sunlight and the proximity to water conspire to give the Filipino a smiling and friendly
character.

Most of the towns and cities in the Philippines are located along the shore, and have immediate access to the sea.

This is a gift
not often enjoyed by many. Most people in land-locked countries never get to see the sea in their lifetime.

However, proximity to the sea also brings with it a great responsibility. Since much of the land lies on a slope, the soil is highly
vulnerable to erosion. Being located in the volcanic rim of fire, the crusts of the Earth under Filipinos feetthe so-called
tectonic platesmove around every day in varying degrees of intensity. We do not usually feel these tremors. Every now and
then, however, the earthquakes are a lot stronger, resulting in some damage to property. They also remind us, every now and
then, to listen to nature.

Our volcanoes are a sight to behold, 22 of them active and over 100 designated as dormant.

As we discovered in the four days
of June 1991, there is no such thing as a dormant volcano. Mt. Pinatubo in Pampanga, a volcano seemingly asleep for about
600 years, erupted violently. The resulting ashfall covered about 80,000 hectares of standing crops, 326,000 hectares of
forests and 16,000 hectares of fishponds, and its dust was carried by high winds halfway around the world.

Metro Manila itself,
60 miles away, was blanketed in the ashfall for five days.

Other volcanoes are just as interesting. Mt. Mayon, one of the countrys most active volcanoes, is in a continuous state of
activity. Another, the Taal Volcano, is the smallest active volcano in the world, and is geologically uniquea volcano within a
volcano, a lake within a lake, and an island within an island.

Being in the path of monsoon winds that blow across our islands from two large bodies of water, the Pacific Ocean and China
Sea, the Philippines has about 35 typhoons every year, some with peak winds of more than a hundred kilometers per hour.

A wealth of life
In the 16th century, about the time the Spaniards landed on our shores, the Philippines was covered with about 27.5 million
hectares of old-growth tropical rainforests. Once upon a time our forests were world-famous for the Philippine mahogany, a
prized wood the world over. The Philippine forest was also the habitat of one of the largest flying raptors in the world, the
Philippine eagle.

It grows to almost one meter in height and has a wingspan of up to 200 centimeters. With a habitat of 5,000
hectares of lowland tropical rain forests, this bird is not only extraordinary in size but also quite unique in its mating habits.
Throughout its lifetime, this eagle is strictly monogamous and it breeds only once a year, and only while in flight. Its diet
consists of snakes, squirrels, lemurs, and every now and then, a small monkey. That is why it was once known as the
monkey-eating eagle.

Other interesting animals found in the Philippines, and only in the Philippines, give further evidence of our natural treasures.
Endemic to a couple of islands in central and southern Philippines is the Philippine Tarsier (Tarsius syrichta), the smallest
primate in the world, often mistakenly called the tarsius monkey.

There is the tamaraw (Bubalus mindorensis), a kind of wild
buffalo half the size of the common carabao and found only on the island province of Mindoro. Of the three known types of
wild boar in the world, the Philippine forest is home to two. Our forests are the habitat of 26 kinds of fruit bats, among them the
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largest flying mammal in the world, the golden-crowned flying fox (Acerdon jubatus).

Of the 556 species of birds found here, 183 are endemic. Among these is a lovely songbird found in the bamboo groves of the
island province of Cebu, the siloy or Black Shama (Copsychus cebuensis). Of the 77 kinds of migratory birds in Asia that
winter in the south, 48 of them drop by a wetland in central Philippines, Olango Island in Cebu, en route to the warmer
climates of Indonesia and Australia.

More than half of the 193 species of reptiles found and already classified in the Philippines are endemic, and new species not
yet in the record books are being discovered every year.

It is estimated that we have between 10,000 and 12,000 species of plant life, half of them endemic to the country. Of the
identified 157 kinds of palms, 109 are endemic; And the list goes on and on and on. The Philippines has been scientifically
documented as being one of the 17 biologically richest countries in the world.

While quite rich in our uplands, the real wealth of the Philippines lies in its waters, both marine and inland. In a scientific survey
conducted worldwide of marine ecosystems in the 1990s, it was established that, in terms of biodiversity and degree of
endemism, the seas of the Philippines hold the richest store of fish, corals, and other marine life in the whole world.

Anyone who has even snorkeled in any of the countrys marine sanctuaries knows only too well the full kaleidoscope of colors
that one finds underwater. Of the 500-700 known corals in the world, the Philippines is home to 488. Half of these corals are
found nowhere else in the world. The Tubbataha Marine Park alone, a 33,200-hectare marine sanctuary in the middle of the
Sulu Sea, contains about 350 species, the total number of coral species in the country.

Our seas contain about 2,500 species of marine fish, 240 of which are endemic. Of the seven known kinds of marine turtles in
the world, six of them swim the Philippine seas. We have 14 species of seagrass, the second highest number and variety in
the world.

There are more than 41 species of mangroves identified in the Philippines and about 21 species of marine
mammalsdolphin, whales, and sea cows.

One of our famous marine inhabitants is the whale shark. Fearsome in name and enormous in size, extending up to 15
meters in length, it is actually a gentle giant. For one, it hardly has any teeth. In fact, it eats only plankton and juveni le
shrimps.

The Philippines is also the habitat of a great number and variety of the top predators of the seas, the sharks. In a study
conducted and published in the year 2001, marine scientists discovered two new species of sharks not yet in the record books.
The study team also believed that the Philippine seas may contain as many as 10 previously unknown species.

Our inland waters, made up of 44 river systems and lakes, are not to be outdone. The Taal Lake is home to the tawilis, the
smallest freshwater sardine in the world. Southeast of the main island of Luzon, a lake in the Bicol region is home to the
smallest commercial freshwater fish in the world, the sinarapan. Up north, the Cagayan River is home to a very rare kind of
freshwater fish known as the ludong, said to be so tasty and so rare that it fetches up to P6,000 per kilo, compared to P100 to
P200 per kilo for ordinary fish.

We can liken the Earth and its ecological systems to the human body and its anatomical organs. Like any living organism,
both respond to care and to abuse. When we misuse or abuse our body, it will malfunction. Like the body, the Earth is also a
living organism. It contains the proper mixture of air, water, and land needed to sustain life. When its parts are subjected to
abuse, the Eartheither in part or as a wholebegins to malfunction. When we dirty the waters, the first to die are the
plankton, which are the very bases of the aquatic food chain. Without the food to sustain them, the larger aquatic life forms will
perish, as well.

The bad news: Destruction
Global environmental abuse is reflected in a mirror image found in the Philippines. First, let us look at our forests, which are
supposed to cover at least 50% of our land area, or about 15 million hectares.

In the 1940s, the Philippines had a forest cover
of about 16 million hectares of old-growth tropical rain forest.

In late 20th century, a mere 50 years thereafter, satellite
photographs revealed that only about 800,000 hectares of these old-growth forests remain. A consequence of this was the
loss of our soil, at the rate of hundreds of millions of tons per year.

Coral reefs, the underwater forests of the Earth, have suffered the same fate. As recent as the first half of the 20th century,
the Philippines still had as many as three million hectares of coral reefs. In the 1990s, an extensive underwater marine study
revealed that only about 100,000-150,000 hectares of these coral reefs remained in excellent condition, a mere 4% of the
original area. The rest, almost 2.9 million hectares, are in varying stages of degradation and destruction.

After the destruction of almost all the coral reefs, the fish catch has been reduced by as much as 90-100 per cent. In many
fishing towns and villages in the Philippines, the fishing industry is facing total collapse. In the early 1970s, Tasyo, fisherman in
the Visayan Sea, would go out to sea at 5 am with his fishing net and catch as much as 10-15 kilos of fish by 9 am. These
days, 30 years later, he leaves at 4 am and comes home by noon. He considers himself lucky if he catches one kilo of fish,
hardly enough to feed his family.

The same degree of abuse is happening to our inland waters. Of the 423 rivers in the Philippines, half are polluted beyond
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healthy, and legal, water quality standards. Representatives of this sorry state are the river systems of Metro Manila. For all
intents and purposes, they are all biologically dead.

Nevertheless, Metro Manila may consider itself lucky because it still has a river, even if its residents use it only as a toi let bowl.
In the case of the countrys second largest city, Cebu, the watersheds have become so degraded that the stream flow has
been reduced to a mere trickle. This condition adversely affects the hydrologic cycle as well as the supply of fresh water to the
aquifers. Without the pressure of water from the uplands, the aquifer becomes empty. Seawater pressure penetrates into the
spaces left by the fresh water in the process known as saltwater intrusion or ground water salinization. In the case of Metro
Cebu, the seawater infiltration has reached up to four kilometers inland.

Pollution and reduced stream flow are not the only problems. Another challenging issue is the encroachment of informal
occupants into the riverbanks, and in many cases, onto the very riverbed itself. People without homesinformal settlers or
squatterssee the riverbanks as an open space that belongs to no one; hence they take the liberty of building informal
structures on them. Many of the local government officials, whose responsibility is to keep these riverbanks and seashores
open, tend to look the other way. However, by allowing these people to live in flood-prone zones, lives are being endangered.

The air in our main cities tells the same story. The air of Metro Manila carries the dubious and notorious distinction of bei ng
one of the most polluted in the world, among the ranks of Mexico City and Shanghai. As a point of scientific fact, the air of
Metro Manila is medically unfit for human respiration. While the air quality standard of particulate matter for healthy and
breathable air is 90 mg/cubic meter, the air of Metro Manila contains 174.4 mg/cubic meter, on the average.

On heavily
polluted days, this measure almost triples the set standard.

In time, all this damage inflicted on the Earths natural systems will manifest itself in its effect on other living beings. Many of
the animals are beginning to reduce in number, and at an alarming rate. Our flagship speciesthe mighty Philippine Eagle,
the unique tamaraw, the tarsier, the numerous and colorful corals and fishhave all become nearly depleted, many to the
point of near extinction.

At the turn of the 20th century, there were about 10,000 Philippine eagles in the countrys lowland forests. Barely a hundred
years later, in the 1990s, it is estimated that there are only about 100 to 200 breeding pairs left in the wild and 30 individuals in
captivity.

In the 1900s, there were about 10,000 tamaraw in the wild. Today, there are only 175 left.

In a study done on the biodiversity hotspots in the world, the Philippines holds the dubious distinction of being the hottest of
the hotspots.

Why must abundance breed waste?

PART IV: The Laws of Man

Subhead: Man has formulated rules to ensure peace and protect himself and society from crime. But who suffers most when
the laws protecting the environment are broken?

THROUGHOUT most of the history of the world, humans were not around. Our kind came into the picture only at the last
minute of the last hour of the last 4.5 billion years. But then, brief as our stay has been, we have made quite an impact on the
natural world. We may ponder the actions of the creature that calls himself wise.

But what does this have to do with the law?

The law is supposed to be wise, guiding human conduct in a direction that is good, proper and right. As a thinking animal,
humans relate to one another by means of symbols. At the start, man must have communicated through sign language and
vocal grunts. Later, these grunts and sounds developed into a set of understandable tones, and became the medium of oral
language.

After this signal achievement, it was a short step to expressing in written form what he saw, heard or thought of. Judging from
the oldest sketches found on the walls of the Altamira Caves in Spain, it appears that man did not learn to express himself in
graphic form until about 15,000 years ago.

Being social animals, humans sought each others company. At first it was members of their immediate family. As the families
interbred and grew in number, they became tribes, and as the tribes grew, they became a group of tribes. In order to maintain
peace and order among its members, the tribe had to have rules that members had to follow. The most basic of these rules
are found in a mythical tablet of stone called The 10 Commandments of the Judeo-Christian tradition. It is made up of only 10
laws, written in so simple a manner, yet comprehensive in scope.

Social organization is one of the compelling traits of animal behavior. This instinct is called the imperative of politics, referring
to the science and art of behavioral regulation for social order, sometimes also known as governance. Ants practice it quite
efficiently. Numerous as they are, ant trails do not suffer from traffic jams.

On the level of humans, however, governance is a little more complex. For one, since humans may be more simple-minded,
they have to write down their rules in order to remember them. Moreover, since they seem unabl e to manage their own affairs,
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they get others to do so, write down the rules for all to follow, and call it government.

These written rules are also known as the Law. They are meant to liberate man from the insecurity of physical harm so he
can then attend to his material needs, and thereafter, pursue the higher aspirations and ideals of a human being.

To effectively maintain order, the rules must carry a degree of force, enough to compel conformity and punish anyone who
deviates from the desired mode of conduct. We entrust the use of this force to certain people whom we call leaders.
Theoretically chosen for their strength and wisdom, leaders are clothed with the formal garb of power, and are called
government officials.

Law can be understood better if we first divide it into a couple of simple categories. Let us start with a basic classification. The
killing of another human being is, by itself, generally bad. It is an example of a mala in se.

On the other hand, the carrying of a knife in an airplane is, by itself, not bad. It becomes bad only because it is prohibited by
the rules of aviation. Urinating is not bad, but urinating in public offends the rules of sanitation and decency. Because of the
surrounding circumstances, the act becomes bad and is prohibited. These are examples of mala prohibita.

Understanding the law
The public good being promoted by the laws against murder and homicide is obviousthe maintenance of peace and order
for the common physical security. In the case of theft and robbery, the social good that the law seeks to promote is the respect
for private property. In the case of crimes of fraud, the social good being promoted are the public interests of trust and
confidence, without which no human relations would be possible.

The social good behind every law, the behavior that it seeks to encourage, is also known as the policy behind the law. The
description in Latin is even more accurate: It is called the ratio legis, the reason for the law. Once the reason behind the law
is agreed upon, it is translated and articulated into words in legal form and language. It is said that Law is nothing more than
policy distilled in legal form and language.

The better known kinds of law are Civil Law and Criminal Law. Civil Law is the set of laws that deal with the relationships of
civilized people between and among each other. It is also called the basic rules of civility. These rules apply to the
relationships between members of the same family as well as between strangers. They also govern property and commercial
transactions.

Criminal Law refers to the set of laws that regulates the acts which civilized human society considers to be so disruptive of the
desired peace and order that he commission of the act is punished. Examples are the laws on murder, rape, theft, robbery,
arson, embezzlement, etc.

Building on our understanding of this classification, we can now go on and look at the more subtle kinds of law: Substantive
Law and Procedural Law.

Substantive Law relates to the particular essence, policy and social good that the law seeks to encourage or discourage. The
peace and order being promoted by prohibiting the unjustified killing of another human is the substance of the law. In the case
of good social housekeeping, for example, cleanliness is the substance behind the rules against the indiscriminate throwing of
waste. It is the ratio legis, the policy behind the law, and the conduct that the law seeks to promote and sell.

Procedural Law refers to the manner or procedure of implementing the law. For example, when a person is arrested, there is a
definite procedure to follow by which he is detained, arraigned, tried and heard. Only after he has had his day in court can he
be punished. These are the basic rules of fair play, sometimes also called the due process of law.

Let us take the example of an Environmental Law violation. Even if one were to only see another person dump toxic waste
into the river, the law requires him to report the incident to the authorities. In turn, the authorities must verify the report and
gather the evidence. Thereafter, the person accused of illegal dumping must be called to a face-to-face meeting, the evidence
against him presented, and his side of the story heard. Only after both sides of the story have been received with their
respective pieces of evidence weighed against each other can a decision be rendered.

The mission of Environmental Law
If ecology is the study of planetary housekeeping, Environmental Law is no more than the rules of good planetary
housekeeping.

Whenever we use the word we, that refers to us, the community of human beings. However, the implications of the words
we, us and our do not end there. First, it assumes that the world exists in relation to us, and that we are therefore the
center of everything. Second, it is assumed that the things around usthe water, air, land, plants and animalsare there to
be used by us. Or so we think.
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These assumptions are clearly wrong. In the language of reasoning and logic, this is called a fallacy, a false belief. Humans
cannot be the center of the universe, as all the other life forms on this planet existing today were here long before us. It was
never intended that man be merely a parasite of Nature, taking all and giving nothing.

An understanding of the terms environment and natural resources is necessary to enable us to better appreciate the
distinction between the Law on Natural Resources on the one hand, and Environmental Law on the other. The former
generally relates to the substantive and procedural rules governing the use and exploitation of Earths natural resources.
These resources are seen as things and viewed merely as a source with economic value. As such, these resources are to be
converted and transformed as soon as possible into material gains. The laws on possession and ownership of land, water
rights and fishing privileges, mining claims and logging concessions are examples of the law on natural resources.

On the other hand, the exploitation of the natural resources for economic gain is not the primary concern of Environmental
Law. Environmental Law looks at the natural surroundings not simply as things but as part of the entirety of the natural world.
It is grounded in the belief that the Earth and all its living and non-living parts, man included, are closely intertwined, and that
man is the guardian of natural creations, a trustee of the Great Trustor. As a responsible steward, he must exercise due care
as a good father of the family of life.

The principal concerns of Environmental Law, therefore, are to minimize the impact of human activity on the natural systems of
the Earth, and to conserve these resources in order to make them available for use by others up to a horizon or reasonable
perpetuity.

The difference is that, while natural resources law relates to the manner by which these resources are to be exploited,
Environmental Law relates to the manner by which natural resources are to be conserved. Where the natural resources must
be used at all, Environmental Law tries to see to it that they are used wisely and well, in accordance with the self-proclaimed
wisdom of humankind.

Environmental Law partakes of both Civil Law and Criminal Law. The adverse impact of a persons activities on the natural
environment gives rise to both civil and criminal liability. For example, if a person dumps toxic waste into the groundwater and
people in the nearby community get sick, the person responsible will be held liable for the resulting damages. The civil
damage may be in the form of medical costs, loss of earnings, and other incidental monetary expenses. At the same time, it i s
a criminal act. The criminal liability arising from the act of dumping toxic wastes is punishable with a fine and imprisonment.

However, as often happens, offenses against the environment are victimless crimes. Also, the damage caused is often
irreparable or irreversible. If remedy is at all possible, it is too costly. Finally, the damage is inflicted on the natural elements
that make life possible, thus threatening life itself. In this sense, Environmental Law is quite different from Civil Law and
Criminal Law.

Victimless crimes
Is there such as a thing as a victimless crime? An offense is considered victimless when it does not directly affect a human
victim. Examples in everyday life are the misdemeanors of jaywalking, over-speeding, or parking in a no-parking zone. Among
the more serious ones are the crimes of gambling, pornography and prostitution. Strictly speaking, these acts do not result in
an aggrieved party. These are distinguished from the crimes of murder, robbery, rape, or embezzlement where there is a
private offended party and an aggrieved human being.

At a very simple level, when one litters on the road, no one is directly affected. When a person dumps solid and liquid wastes
into the river, no human being is also immediately aggrieved. Sure, some fish and other aquatic animals may die, but since
these animals do not have any legal personality to sue in a court of law, they cannot claim damages. In fact, even when a
person dumps toxic wastes into the soil, since it will take some time before it seeps into the aquifers and poison the water
wells, the criminal act remains unnoticed. The reckless cutting of trees resulting in the denudation of the forests is also
considered a victimless crime, because no one is directly and immediately affected by the resulting erosion.

There lies another characteristic of Environmental Law. Unlike the sting of a bee or the heat felt from the bite of a red chili
pepper, the damage to the environment is not immediate. In fact, it may not be felt until after a long time had passed. These
characteristics of being victimless and lacking immediate impact are what make Environmental Law a little more difficult to
monitor than other legal violations. Without a private person being directly offended, no one is interested in vindicating the
wrong. In theory, it is the State that is the offended party.

In theory, the government is the representative of the State. The government is represented by officials who, in turn, have the
responsibility to take the action when an environmental wrong has been committed.

But alas, theory is far from fact. With the cutting of forests, the soil that took thousands of years to form begins to erode. The
soil that now erodes in torrents will never again go back to the mountain and become soil. Trees that took centuries to grow,
and were cut in a matter of seconds by a chainsaw, will never again be the same majestic trees. The kinds of animals that are
becoming extinctabout five to 10 of them per hourwill henceforth be seen only in photographs. In the same vein, when a
tropical forest is converted into a farmland or, worse, into a commercial area or a residential subdivision, the forest and all the
beings that lived in it are gone forever.

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The irreparability of environmental damage emphasizes only too well the need for careful planning. If resources must be
irreversibly used for human benefit, their use must be justified and properly planned. In addition, the material used, especi ally
if it is an irreplaceable natural resource such as a mineral deposit, must be used over and over so that there will be no need to
take out new minerals.

Let us say that a person dumps toxic waste into the soil, and this infiltrates the aquifer. What will it cost to restore the soil and
the aquifer to a healthy state? The clean-up process will first mean identifying the ground contaminated, and determining the
extent of the contamination. Thereafter, it will mean having to excavate the contaminated soil, pump out all the contaminated
water, and both the soil and the water, the former by washing and the latter by chemical treatment, if possible. When treated,
the water must be restored to the ground by pumping. If treatment is not possible, the soiled water will simply have to be
thrown away as waste water.

Violations of the laws of nature that result in such damage adversely affect not only the property, finances or health of
individuals. The impact is on the quality, viability and existence of the very elements of all life. As soon as we realize these
simple truths, we begin to see that dirtying the air and the waters and allowing the loss of soil is not a wise thing to do at all.

CHAPTER II
LEGAL AND PHILOSOPHICAL BASIS

Subhead: Any act of harm against the Earth is not just a violation of the laws of proper human behavior; it also goes against
mans most fundamental and spiritual nature

THE supreme legal document in the Philippines, as in many other countries, is called the Constitution. It is the document that
embodies the agreement of the people to be bound by a set of common ideals and aspirations. It also contains a basic
statement on the form of government as well as the principles of governance that Philippine society has agreed upon. The
basic provisions on the right to life, the right to due process and the right to health are some of the constitutional provisions
that form the foundation of the right to protect the environment.

The Philippines has had four Constitutions: the Malolos Constitution of 1898, the 1935 Constitution, the 1973 Constitution, and
the 1987 Constitution. What is extraordinary about the 1987 Constitution is that it contains a provision on the right to a
balanced ecology: The State shall protect and advance the right of the people to a healthful and balanced ecology in accord
with the rhythm and harmony of nature.

This provision has a two-fold significance. On the one hand, it recognizes the existence of a citizens right to a balanced and
healthful ecology, an environmental right. On the other hand, it creates a duty on the part of the State to protect that right.

This constitutional provision has found expression in a case where more than 40 Filipino children, acting on their own behalf
and on behalf of generations unborn, filed a class suit against the Philippine Government to stop the continued deforestation of
their country. In the proceedings before the Supreme Court, the children invoked this constitutional right to a balanced ecol ogy
to justify their legal personality to sue in a court of law.

Arguing for the children, the Supreme Court said that this right belongs to a different category of rights altogether...for it
concerns nothing less than self-preservation and self-perpetuation ...the advancement of which may be said to predate all
governments and (all) constitutions.

We have already discussed Civil Law as the basic rules of human behavior in a civilized society. It also refers to rules on willful
or negligent acts that result in damage to others, as well as the standards of conduct that must be observed by all persons in
their relationship with others. The basic principles in Civil Law

are that one is responsible for ones own actions; and the right
of a person to act or to use his property must not cause damage to another.

One of the characteristics that supposedly sets humankind apart from the so-called lower life forms is that human nature is
ingrained with a natural sense of good and bad. Some call this the conscience, some call it the heart. Whatever it is called,
there is a general agreement that this common sense of right and wrong is something that every human being should have.
This is the very reason why laws were originally not expressed in writingthe rules of common conduct were so obvious and
clear to the common man that they did not have to be written. This is called the common law, or the law of common sense.

The Trust Doctrine
One of the basic principles in common law is based on a very simple idea: trust. This principle of human relations is so
fundamental that without it all social intercourse would screech to a halt. Transformed into legal phraseology, it is called the
Trust Doctrine.

Let us apply the principle of trust to an example where the possession of a piece of property is involved. The trust relationship
would involve the thing being entrusted, the thing held in trust.

The person giving the trust is called the trustor, the person
being entrusted is the trustee, and the person who stands to benefit from the trust is the beneficiary.

Juan and Pedro are good friends. Juan is leaving for abroad for a two-year stint as an overseas contract worker. Juan leaves
Pedro with a parcel of land whose fruits are to be sold and used to pay for the tuition fees of Juans children while he is away.

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In this relationship, the parcel of land is the corpus (body) of the trust. Juan is the trustor, the person who extended the trust,
and Pedro is the trustee. Who is the beneficiary? The children of Juan.

Like the notes in a musical score, let us try to transpose the concepts and apply them to the natural world. By whatever name
we call it, there appears to be a being greater than man. Call him God, Allah, Naturethere is general agreement that there
exists a Cause of Causes, a Prime Mover, or the Great Trustor.

What is the thing that is subject of the trust? It is the Earth, and includes all the animals, plants, soil, seas, sun and the sky.
Who is the Trustee? The short and snappy answer is man. Man has identified himself as such, and he claims to be the wisest
animal. Under the rules of evidence, however, these answers are called self-serving.

We now go to the question: Who is the beneficiary? Since man is self-centered, we like to think of our species as the
beneficiary. We like to think that so long as our children and their children will need the elements of life, there must continue to
be a supply of these elements.

So, following our anthropocentric tendency, our answer is that the beneficiaries are our children, and their children, and future
generations of human beings. If this is so, it is incumbent upon us, and upon our generation, to look after the natural life-
support systems of the Earth so that others who will follow will have something to use when their time comes. The
responsibility of one generation to the following generations is called intergenerational responsibility.

Self-centeredness, however, does not befit the role of the human being as the trustee of the Earth. If wisdom is the sole
criterion of our assumption of responsibility, it follows that the less wise should be under our care. As a trustee, therefore,
human beings have the responsibility to take care not only of its own kind, but also of the Earth as a whole.

Since plants and animals are less intelligent than human beings, it is a human duty to take care of them. With the gift of
intelligence comes the responsibility to use it well and wisely. While we may use some of the plants and animals for our
sustenance, it is not right to kill off others simply because they are of lesser intelligence, and are therefore helpless. This is
called the principle of expanded guardianship.

In the system of human social organization, a group of people sharing a common culture and living within an identified territ ory
is called the State. In reality, the State is a fiction of law. It represents an intangible being that is the product of a group of
people who entered into a social contract. Together, the people entrust their common welfare and the natural resources to the
State as their collective representative.

In this sense, therefore, the State is the Trustee. However, because the State is an intangible being, it has to take physical
shape in the form of a human institution called the Government.

Understanding these basic concepts provides a background to the legal concept known as the Regalian doctrine.

This
doctrine simply says that all the natural resources of a particular country are considered to be owned by the State, as formerly
represented by the King (thus, the word regalian). This is, of course, another piece of legal fiction. A thing can be owned only
by the one who made it. The land, air and waters could not have been made by the State and thus, they cannot, strictly
speaking, be owned by it.

Be that as it may, the Governments role as trustee is not merely an academic exercise. As the trustee of the people, the
Government must protect and properly manage the natural resources within its territory. If these resources must be used, it
must be done so wisely, in a manner that will prevent their being used up. There is also a practical legal implication to this
discussion. The Government, as trustee and guardian, is the proper party to take legal action when a natural resource is
misappropriated.

But what if the Government fails, refuses, or looks the other way, and does not take action in the face of ongoing destruction?
Can a private individual haul the Government to court? In theory, why not? However, in practice, the law seems to require that
a private person suing the Government must be personally affected by the latters action or inaction. This is the issue known in
legal language as the locus standi, the legal standing and personality to sue in a court of law.

Statutory Law refers to the laws, also known as statutes, that have been passed by the duly empowered authority. These
laws are either issued by the king or the ruler, or passed by a parliament or congress. In the case of the Philippines, many
environmental laws were passed during the regime of former President Ferdinand Marcos and are called Presidential
Decrees. Laws passed during this era, unless specifically repealed, continue to be valid and in full force and effect. Since
1987, laws passed by the congress are referred to as Republic Acts. For example, the Protected Areas Law is known as
Republic Act 7586.

Let us understand that laws are man-made and must, therefore, be understood in the context of human imperfection. While
they are supposed to represent the ideals and aspirations of a society as well as their rules of common conduct, they are
subject to the twin dangers of law-makingimproper crafting and, more often, improper implementation.

Violation of the trust
What crime is committed when a trustee misappropriates something held in trust and uses it for his personal benefit, to the
damage and prejudice of the beneficiary?
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Because Juan has to leave for abroad, he entrusts to his friend Pedro a parcel of agricultural land, which he bought from his
life savings, for the benefit of his minor son Jaime, who is 12 years old.

The agreements between Juan and Pedro are:
1. When Jaime turns 18 years old and goes to the university, Pedro will turn over the land to him so he can use it to pay his
way through college.
2. The property must be turned over in the same, if not better, condition than when it was entrusted.
3. As consideration for his efforts as trustee, Pedro can use the land, till it, and receive some of its fruits for his own benefit
from now until the time Jaime is 18 years old.

However, shortly after receiving the title to the property, and almost as soon as Juan boards the plane, Pedro falsifies the
signature of Juan and sells the land for P1 million. He then calls up his friends, gets drunk and dirty, and after midnight, they all
go to the casino. Pedro goes to the most expensive baccarat table and before dawn, all the money is gone.

In other words, in one night, Pedro spent what took Juan all of his life to save for. Did Pedro commit a crime? Of course he did.
What crime was committed? It goes by many namesswindling, embezzlement, misappropriation, fraud, and estafabut the
essence is the same: It was a breach of trust. This breach was committed by misappropriating and using the thing held in trust
to trustees personal benefit, and to the damage and prejudice of the beneficiary.

Let us again transpose the elements of this example to the natural resources and life-support systems of the Earth. What have
we, the trustee, done so far? We have damaged the life-support systems of the planet in a matter of 50-100 years, a blink of
an eye for Mother Earth and Father Time.

What crime has been committed? If genocide is a crime against humanity, what is a crime against Life itself? In its truest
sense, the breach of trust resulting in the wholesale destruction of Earths life-support systems is a crime against humanity. It
is not only a crime carried out by humanity against humanity, but a crime against all the life that Nature nurtures.

Of course, no criminal code in the world recognizes such a crime as this. No one during our time is likely to charge us
criminally for the ongoing crimes against Life. If there will ever be complainants, they will be those members of the human
race who will come after us. Perhaps, by then, they will insert in their criminal codes a crime that we will now tentatively call,
for lack of a better term, an act of environmental embezzlement or ecological swindling.

Just as society has devised rules and laws to govern itself, Nature also follows certain rules and patterns of behavior. These
rules are known as the Laws of Nature or simply, Natural Law. This is the law that governs the movement of the sun and of the
moon, the change of seasons, and the birth, growth, and death of every living being.

In the study of animal behavior, Natural Law manifests itself in two basic instincts: The instinct of self-preservation and the
instinct of self-perpetuation, both of which are embedded in the genetic code of all plants and animals.

The instinct of self-preservation is that which drives an animal to feed itself. In the face of danger, this instinct is what provides
the motive for the animal to hide, flee or, when cornered, counter-attack. Feeding, of course, requires food. Self-evident as that
may seem, it must be stated and restated if only to remind us that food is produced by the interaction of the elements of life
sunlight, water, enzyme catalysts and soil nutrients. When these elements are threatened, so also is the instinct of self-
preservation.

The second is the instinct of self-perpetuation. Every plant and every animal bears within itself the capability to reproduce its
own kind. And yes, Nature did not leave this to chance. Trees, for example, bear tens of thousands of seed-bearing fruits.
When ripe, birds and other animals eat these fruits, their seeds dropped and spread around. In the soil, the countless seeds
germinate and grow into trees. In the same manner are millions upon millions of eggs discharged into the waters by spawning
fish, if only to ensure the survival of only a few hundreds.

In the case of humans, about 130 million spermatozoa cells are discharged in a single male ejaculation, of which only about 50
million reach the vaginal canal. Of this, only about 10 million are able to swim into the uterus. From then on, only a million get
into the fallopian tube, and there bombard the single female egg. At the end of the process, only one sperm cell is able to
eventually join the female egg to spark the internal combustion for the birth of human life.

To recall what we earlier learned, there are three imperatives of animal life: food, sex and politics. This is pursuant to the
instincts of self-preservation and self-perpetuation. Politics, the third imperative, is actually a combination of both. Social
organization is necessary not only to ensure the survival of a particular species, but also to ensure its perpetuation.

Nature in religion
Among humans, there is a fourth imperative: spirituality, more commonly known as religion. All peoples, regardless of creed,
believe in the existence of a Higher Beinga Prime Mover, the Cause of Causes. The study of this Cause, commonly known
as God, is called Theology. It is an attempt of the human mind to study mans relationship with his God. The forms of study,
worship, adoration and petition vary according to the kind of religion and culture. However, there is a single thread that bi nds
together the fabric of all beliefs. It is the belief that man occupies a special place in the scheme of Creation as the guardian
and steward of the Earth. Moreover, all religions also believe that man is a part and parcel of Nature and of all things, li ving
14
and non-living.

The Polynesian people, from whom Filipinos partly descended, believed that humans, gods and Nature formed a consciously,
and constantly, interacting and inter-relating cosmic community. The people of ancient Hawai, for example, believed that all
species were related to one another as relatives, and that they all lived in a world where humans, nature and the gods
watched over each other and protected one another as family.

Native American Indians see mankind as only a part of the larger whole that is nature. They believe that all living things are
one, and that people are joined with birds, trees, rocks, and rain in a vast and powerful inter-relationship. People stand within
the natural world, neither separate from it nor dominant over it. This interconnection even finds expression in their language. In
the language of American Indians, there is no word for religion. To them, their relationships with Nature, and with their gods,
are merely necessary adjuncts of life itself, and the term they use is life-way or life-need.

In the Talmud, the sacred book of the Jewish religion, Gods ownership of the Earth and its resources underlies most of the
thinking: You and what you possess are Gods. Although the land is meant to be planted, sown and reaped, the Hebrew
Bible enjoins everyone to take care that when you reap the harvest of your land, you must not reap it all the way to the edges
of your field. You must not pick your vineyard bare.

The same is true in the case of Islam, one of the most widespread religions of the world with over a billion followers. Islam
holds the belief that the Earth is Gods creation, and that failure to protect it and to preserve its values is a sin against the
Creator.

Allah creates all the component parts of Naturethe land, the air, the waters, the plants and the animals. Humans may not be
able to understand how these other entities and things express their own form of praise, but they are nevertheless in
continuous praise of Allah.

Islam and Islamic Law appear to be directly intertwined with one element of Nature and of Life
water. Shariah or Islamic Law, translated literally, means the source of water.

Buddhism, a widely practiced religion in Asia, has the closest connection to Nature. Buddhism is actually not an organized
form of religion but simply a way of life. Its basic belief is that one must practice kindness and respect for all living beings.
When man does things that defile and alienate him from Nature, he succeeds only in defiling and alienating himself.

As an example, Buddha himself acted with compassion for animals and showed great respect for the trees. He noted that
trees provide natural protection for the living beings that dwell in the forest and must therefore be protected.

To this day, when a Buddhist monk goes to live in a forest, he first asks permission from, and seeks the acceptance of, the
forest.

He fully understands that the forest is the home of a multitude of other life forms, far older than he is. Fundamental to
Buddhism is the sense of great gratitude and reverence for Nature, the Mother that gives birth to all the joyful things in life.

Hindus believe in the cycle of birth and re-birth and of reincarnation in other life forms. This fundamental belief makes
reverence for life a basic religious attitude.

An integral part of the Hindu belief is the doctrine of ahimsa, the attitude of non-violence to humans and non-humans alike.
Hinduism teaches that all lives are of equal value and that man cannot, and should not, assign degrees of relative worth to
other species. Only God has the absolute sovereignty over all creation and over all creatures of the Earth. Humanity cannot
presume itself to be the viceroy of God over the planet. If any life must be taken at all, it must be done knowingly and only with
adequate justification.

In Greek mythology, the word Gaia is the term used to refer to the Earth. She was born from the great chaos of the Universe
and became the goddess of fertility. This is the origin of the modern Gaia hypothesis,

which puts forward the belief that the
Earth is a living organism. Like a mother, it is fertile. Like a good mother, it is generally neutral in the various squabbles of her
sons and daughters. But also like a mother, she feels pain when abused by her own children.

What the Greeks call Gaia is called terra in Latin. Both denote the maternal character of the Earth. Thus was coined the term
Mother Earth, terra mater.

In the African religions, we find the belief that in everything there is life. Living plants and animals have the spirit of physical
life. Inanimate objects have their own mystical lives that we may not understand.

African religions believe that although man is the center of the universe, that position does not make him its master. Being only
a beneficiary and user, not a producer, of the things of Nature, man must learn to be its friend, not its destroyer. If he disturbs
the supply system on which his life depends, it is he who suffers the most. For that reason alone, man should learn to live i n
harmony with the universe by obeying the higher laws that give order to the natural, moral and mystical world.

And then there is Christianity, a set of beliefs founded on the teachings of a simple carpenter from Nazareth in the Middle
East. Christianity also has its own version of a sacred book, the Bible. Although no one really knows who wrote, edited and
compiled the various books, letters, proverbs and psalms that it contains, the Bible is held to be true, correct, and sacred by all
Christians. Its opening lines give us a glimpse of the supposed role of man on Earth, something similar to the Cheyenne
version of the Genesis.
15

In the Biblical story of creation, after God created the heavens, the seas, the earth, and all creatures in them, there is a
recurring refrain that says: ...and God saw that it was good.

After completing his natural creations, God created man and then
created woman. After which, the refrain changes and He supposedly says: ... and (then) God saw what He had made, and
behold, it was very good.

Although self-serving, the Bible claims that Man was created in the image and likeness of God and was given dominion over
the Earth. In fact, the Bible also says that it was only on the last day that God rested. And this was only after God entrusted
the whole of creation to man and woman. By the very nature of the great trust reposed in him, it was presumed that man would
exercise this dominion with the care of a good father of the family of Life.

Many more examples abound, but the common thread that weaves through the fabric in all of these religions, even among
those who profess to be agnostics, is the fundamental belief that God is the creator of all things, living and non-living. Mans
role is essentially that of a trustee. Accordingly, man must learn to live in harmony with the natural world around him, not as its
viceroy. After all, he is not the weaver, but a mere strand in the web of life.

CHAPTER 3
A TOUR OF THE LEGAL HORIZON

Sub: Philippine law is not amiss in addressing environmental issues in the country today, from waste and pollution to the
respective accountable agencies. The problem, however, remains in the implementation

PART I: Relevant Provisions of the Philippine Constitution

Sub: The nations premiere document of law is clear on the States and the citizens roles in safeguarding the countrys natural
resources

WE, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and
establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and
a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this Constitution. - Preamble

The significance of this part of the 1987 Philippine constitution is twofold. On the literal level, it articulates a common aspiration
of the universal need to conserve our natural heritage and national patrimony. On a symbolic l evel, there is an express
recognition of, and a prayer of petition to, a higher and greater being as the Prime Mover of all life.

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains,
including its territorial seas, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal
waters of the Philippines. - Article I

This provision of the Constitution defines the boundaries of the territory over which the Philippine government exercises
sovereignty and enforces legal power. The territorial boundaries are also recognized by the governments and countries of the
world.

The Philippine archipelago may be a tiny spot on the globe, but it is endowed with rich biological diversity. From such a point
of view, therefore, this group of islands is not merely a territory of the Philippine government or the Filipino people, but a
crown jewel in the treasure house of humanity.

Basic human rights
1) The right to health
The State shall protect and promote the right to health of the people and instill health consciousness among them.- Article II,
Section 15

The right to health is nothing less than the right to life. This means the right to a safe supply of water and the other elements of
life. Having to drink contaminated water, breathe foul air, or eat poisoned food is a violation of a basic human right. This
provision thus serves as a basic constitutional foundation of a good legal argument against the degradati on of land, air, and
water.

This principle found judicial expression in a case involving the garbage dumping activities of a local government. The dumping
ground happened to be part of the watershed of Laguna de Bay, one of the largest freshwater lakes in Southeast Asia.
Because of the special ecological characteristics of this 90,000-hectare water body, the management of the lake and its
watershed was given by law to a special agency, the Laguna Lake Development Authority (LLDA).

Acting on the complaint of
residents, the LLDA ordered the local government to cease and desist from its dumping activities. This order was anchored on
the well-founded fear that it would contaminate the lakes waters. The case eventually ended up in the Supreme Court, where
the issue of the peoples right to health was placed squarely on the table.

The Court upheld the constitutionally guaranteed
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right (to a balanced and healthful ecology) of every personThis is but in consonance with the declared policy of the state to
protect and promote the right to health of the people and to instill health consciousness among them. It is to be borne in mind
that the Philippines is party to the Universal Declaration of Human Rightswhich recognizes health as a fundamental human
right.

2) The right to a balanced ecology
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.- Article II, Section 16

This right has also been tested in Philippine Courts.

In this case, a group of Filipino children filed a class suit against the
government for the violation of their right to a balanced ecology. The petitioners, children acting on their own behalf and for
generations yet unborn, sought to ban logging concessions in the countrys remaining virgin forests.

Seeking to dismiss the lawsuit, the defendant Philippine government argued that there was no such thing as an environmental
right, much less one that could be used by children in a legal action. The government argued that if they (children) had any
right at all, it was at best, unclear, undefined, and nebulous. In fact, the government argued, the provision is not even found
in the section on the Bill of Rights, but in the section on very broad and general principles and policies of the State.

In upholding the legal personality of the children to sue the government for the enforcement of their environmental right, the
Philippine Supreme Court said: While the right to a balanced and healthful ecology is found under the Declaration of
Principles and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and
political rights enumerated in the latter. Such a right belongs to a different category of rights altogether, for it concerns nothing
less than self-preservation and self-perpetuation, the advancement of which may even be said to predate all governments and
constitutions.

3) The right to due process
No person shall be deprived of life, liberty, or property, without due process of law, nor shall any person be denied the equal
protection of the laws.- Article III, Section 1

Due process of law is a fundamental right that is understood by all. It is usually invoked when a person is charged with an
offense or a violation of a criminal law.

An industrial factory dumps toxic wastes into the soil and pollutes the drinking water of the people in the nearby community.
The contaminated water causes some of them to get sick and die. In addition to the action for damages, the persons who
suffered can claim that, as a constitutional principle, their right to health (and to life) has been violated and deprived wi thout
due process of law. In fact, they can hold the government directly liable for allowing the deprivation of this basic human right.

In countries where an environmental right is not further specifically provided, the right to life and the due process pri nciples
may be used as the foundation of a legal action to protect the environment.

4) The right to a good quality of life
The goals of the national economy are a more equitable distribution of opportunities, income and wealth; a sustained increase
in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the
key to raising the quality of life for all, especially the underprivileged. The State shall promote industrialization and ful l
employment based on sound agricultural development and agrarian reform, through industries, that make full and efficient use
of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall
protect Filipino enterprises against unfair foreign competition and trading practices. In the pursuit of these goals, all sectors of
the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including
corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.-
Article XII, Section 1

The right to life does not only mean the right to survive and exist, but also to a good quality of life. A person living in a slum
area, who defecates into the river and at the same time uses its water for washing and bathing is living a life worse than that of
a pig in a pigsty. Where a fisherman has to travel for so long and so far into the sea and has to work practically the whole day
to catch so little fish, all because the near-shore areas have been so depleted of marine resources, he is not living, but merely
surviving. When we have to travel to and from our place of work and spend four to five hours a day on the road, battling traffic
and inhaling noxious fumes, we are not living; in fact, we are not even surviving. The time spent on the road is time taken
away from ones family. It is also time taken away from leisure, and prevents us from intellectual, emotional and spiritual
pursuits that make life worth living. Yet, we tend to accept this waste of time as the price of progress and the way of modern
civilization.

5) The right to proper land use
Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. Agricultural
lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable
lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such
alienable lands of the public domain except by lease, for a period not exceeding 25 years, renewable for not more than 25
years, and not to exceed 1,000 hectares in area. Citizens of the Philippines may lease not more than 500 hectares, or acquire
not more than 12 hectares thereof by purchase, homestead, or grant. Taking into account the requirements of conservation,
17
ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size
of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor. - Article XII,
Section 3

This Constitutional requirement on land use appears in the Article on National Economy and Patrimony. It states in no
uncertain terms that the manner by which we use and develop the land must take into account considerations of conservation
and the needs of its ecology.

6) The right of access to public information
The right of the people to information on matters of public concern shall be recognized. Access to official records, and to
documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.- Article III,
Section 7

The right of access to public information is a powerful tool in the game of environmental advocacy. Industrial and commercial
enterprises are required by law to submit regular and detailed reports of their pollution discharges. This information is
considered a matter of public interest. Any citizen affected by the pollution of a certain factory can legally seek access to these
records in order to establish the existence of pollution. In case the company has submitted fal se information in the report
submitted, the responsible company officials can be held liable for the offense of falsification of public documents.

The Department of Environment and Natural Resources (DENR) is the government agency responsible for environment and
natural resources management in the Philippines. It is this agency to which the data on the companys discharges must be
submitted. Being a matter of public interest, the DENR cannot simply withhold and refuse to divulge such information. It can,
however, prescribe the manner by which the information can be revealed or disclosed. It can, for example, set the time and
days when the public may be allowed to inspect the records.

To protect what is ours
1) The Regalian Doctrine
All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it
may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or
associations at least 60 per centum of whose capital is owned by such citizens. Such agreements may be for a period not
exceeding 25 years, renewable for not more than 25 years, and under such terms and conditions as may be provided by law.
In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power,
beneficial use may be the measure and limit of the grant.

The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish
farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for
large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general
terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country.
In such agreements, the State shall promote the development and use of local, scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance with this provision, within 30 days from
its execution.- Article XII, Section 2

This provision is the legal expression of the States being a product of legal fiction. In the Social Contract theory discussed
earlier, a society got together and agreed on an organization to manage their common affairs. This was how the State was
born.

The State does not exist in the physical world but is merely a theoretical concept upon which we have all agreed, by virtue of
an unwritten social contract. In the above provision, we have entrusted the State with some of our natural rights and individual
liberties in exchange for security, peace and order, and for activities geared towards the pursuit of the common good. We have
also entrusted it with the ownership of our natural resources on the assumption that these resources will be used for the
common welfare.

Man can own only that which one has made. Man did not make the natural elements. Therefore, man cannot own these
natural elements. Of course, what an individual cannot own cannot also be owned by a group of individuals. Mans
presumption of ownership over natural resources is at best just thata presumption, without basis in fact. One is reminded
of the words of a tribal leader in the highlands of the Cordillera. Speaking for his people, who opposed the building of a dam
that would flood their ancestral lands, Macling Dulag said, Such arrogance to speak of owning the land, when you shall be
18
owned by it. How can you own that which will outlive you?

Since man cannot own the elements of nature, it is also clear that our claimed ownership is nothing more than a fiction of law.
And since we cannot give something that we do not have or do not own, we have therefore given nothing to the State.

Note the phrase based on real contributions and general welfare of the country in Article XII, Section 2 above. This is the
constitutional basis to support the argument that earnings from the extraction of our natural resourcesmining, logging, and
fishingmust first discount their ecological cost. This is the only accurate way to determine the real contribution of the
activity to the general welfare of the country. Unless the revenues of extractive industries are properly factored with the
environmental cost, we will be misled into thinking that we are earning from these activities, when, in fact, we are losing.

2) The limits of forest lands and national parks
The Congress shall, as soon as possible, determine by law the specific limits of forest l ands and national parks, marking
clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be
increased nor diminished, except by law. The Congress shall provide, for such period as it may determine, measures to
prohibit logging in endangered forests and watershed areas. - Article XII, Section 4

Concerned with the rapid degradation of Philippine forests in the last few decades, the drafters of the 1987 Constitution
specifically provided for the identification, delineation and demarcation of the countrys remaining forests. The Philippines only
has about 800,000 hectares left of its old-growth forests, less than 3 % of the countrys land area. To think that barely 100
years ago, there were about 20 million hectares of these forests.

There have been numerous bills filed in Congress to fulfill the constitutional mandate, all of which remain pending to this day.
The political resistance stems from the apprehension that lands classified as forest landswhich, by legal definition, should be
more than 50% of the countrys land areawill be totally exempt from cultivation and use. There is an urgent need to
formulate a land tenure policy based on the concept of an ecological encumbrance. This concept derives its legal basis from
the law that land with a slope of more than 18% must be kept in good vegetative condition.

This law predates the 1987
Constitution and provides that:

Lands eighteen percent (18%) in slope or over which have already been declared as alienable and disposable shall be
reverted to the classification of forest lands by the Department Head, to form part of the forest reserves, unless they are
already covered by existing titles or approved public land applications, or actually occupied openly, continuously, adversely
and publicly for a period of not less that thirty (30) years as of the effectivity of this Code, where the occupant is qualified for a
free patent under the Public Land Act: Provided, That said lands, unless already part of a well-established community, shall be
kept in a vegetative condition sufficient to prevent erosion and adverse effects on the lowlands and streams: Provided, Further,
That when public interest so requires, steps shall be taken to expropriate, cancel defective titles, reject public land application,
or eject occupants thereof.

3) Indigenous cultural communities
The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the
rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well -being. The
Congress may provide for the applicability of customary laws governing property rights and relations in determining the
ownership and extent of ancestral domain. - Article XII, Section 5

There are about two million members of indigenous cultural communities in the Philippines.

The Constitutional provision
recognizing the importance of the countrys cultural heritage has been translated into law, the Indigenous Peoples Rights Act
(IPRA).

This law recognizes the rights of the cultural communities to their ancestral lands, and to approve any activity that is to
be undertaken within those lands. It appears that the indigenous peoples of the Philippines have a claim that is more closely
linked to the concept of communal ownership.

4) The social function of property
The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and
private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish,
and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the
common good so demands.- Article XII, Section 6

This provision stresses that, in the use of property, certain limitations can be imposed for the common good. It is an additi onal
legal basis for the concept of an ecological encumbrance when crafting a proper land use and tenure policy for forest lands,
national parks and watershed areas. This constitutional provision can be highly potent when used creatively to advance the
cause of ecological common good.

5) The preference for Filipinos
The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve
to citizens of the Philippines or to corporations or associations at least 60 % of whose capital is owned by such citizens, or
such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that
will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. In the grant of rights,
privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified
19
Filipinos. The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in
accordance with its national goals and priorities. - Article XII, Section 10

There are certain areas of investment reserved for Filipinos, businesses that have a strong public interest character, such as
mass media, communications, transportation, and the utilization and development of the countrys natural resources. This is
grounded on the premise that the Filipino owners of these public-interest enterprises will be more caring and considerate of
the national interest of the Philippines than a foreigner whose sole motive is economic profit. It is also grounded on the belief
that Filipinos should have a preference in the enjoyment and benefits of the natural resources found within their territory.

For each one, a role and a responsibility
6) Ecological considerations in agrarian reform
The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farm workers, who
are landless, to own directly or collectively the lands they till or, in the case of other farm workers, to receive a just share of the
fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such
priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or
equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect
the rights of small landowners. The State shall further provide incentives for voluntary land-sharing. - Article XIII, Section 4

Endowed with rich soil and a favorable climate, the Philippines is basically an agricultural country, but with a highly uneven
distribution of land ownership. This is a spillover of the encomienda system of the Spanish colonial days, when large tracts of
public land were granted as private property to Spanish nationals who settled in the Philippines as an early form of political
patronage. They were rewarded for having settled in what was then considered a desolate place in the East, or for services
rendered to the government or to the King of Spain.

To this day, many of the old-rich Filipino families rely on landed property, which they acquired and farm as haciendas. Some
owned lands located near the urban areas, and thus converted their farmlands into valuable commercial and residential real
estate. Makati, Pasig and Alabang were once large haciendas

of families that trace their roots to Spanish ancestors.

Through several Administrations, dating back to 1963, numerous efforts for the redistribution of land were undertaken. During
the Martial Law years under former President Ferdinand Marcos, one of the first presidential decrees he issued was to free
the farmer from the bondage of the soil and to give land to the landless.

In 1988, among the earliest pieces of legislation enacted by the restored Congress was the expanded version of this agrarian
reform program, known as the Comprehensive Agrarian Reform Law (CARL).

Many abuses have since been committed in the
name of agrarian reform. At the peak of the real estate boom, the Department of Agrarian Reform (DAR) gained notoriety for
its indiscriminate conversion of farm lands for non-agricultural uses, for an illicit fee. So also is the anomalous policy of using
the number of hectares distributed as an indicator of the departments success. This policy makes for haste in the distribution
of lands, wherever they may be, even if they are in protected areas. Taking large tracts of land from watershed areas, national
parks, and public forest lands and parceling them out into small agricultural lots would not be ecologically sound.

7) Preferential use for subsistence fishermen
The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of local
marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate
technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also
protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion. Fish workers shall receive a just share from their labor in the utilization of marine and
fishing resources. - Article XIII, Section 7

Subsistence fishermen are those whose catch is generally only able to feed their individual families, without any significant
surplus. They are also called marginal fishermen. This legal definition was an issue in a case where an ordinance was
questioned for being unconstitutional.

The ordinance, which established a closed season for the export of certain species of
live fish from the Province of Palawan for five years, was upheld by the Supreme Court as valid and constitutional.

The petitioners, pretending to be self-described subsistence fishermen, were found by the Court to be simply a private
association of marine merchants and were not considered marginal fishermen as intended by law.

The Court noted that since
the Constitution does not specifically provide a definition, the terms marginal and subsistence fishermen must be
interpreted in the general and ordinary sense: A marginal fisherman is an individual engaged in fishing whose margin of return
or reward in his harvest of fish as measured by existing price levels is barely sufficient to yield a profit or cover the cost of
gathering fish, while a subsistence fisherman is one whose catch yields but the irreducible minimum for his livelihood.

Section 131(p) of the Local Government Code (RA 7160) likewise defines a marginal fisherman as limited to the sale, barter,
or exchange of agricultural products produced by himself and his immediate family. The Court held that the Constitutional
provision relied upon by the petitioners was primarily intended not only as a guarantee for the communal use of the fishing
ground for subsistence fishermen, but also as a direction for its conservation and protection.

8) The rights of women
The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal
functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in
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the service of the nation. - Article XIII, Section 14

In the field of environmental protection, the role of women is significant. In the rural areas, while men till the farm, women
gather firewood, collect water, and still have to care for the children, cook the food and keep the house in proper working
order. If women dont have too many children and some amount of free time is made available to them, the opportunity to
engage in productive services is great. Most of all, women have the power to determine the population of their respective
families.

9) Health
The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make
essential goods, health, and other social services available to all people at affordable cost. There shall be priority for the needs
of the underprivileged sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to
paupers.- Article XIII, Section 11

This is one of the social development provisions of the Constitution that makes health care available and affordable. The
initiative to make generic drugs widely available is one of the efforts towards this goal. The initiative to revive and enhance
traditional and alternative medical practices also has its constitutional moorings in this provision.

10) The autonomy of local governments
The State shall ensure the autonomy of local governments. -Article II, Section 25

The territorial and political subdivisions shall enjoy local autonomy. - Article X, Section 2

One of the interesting provisions in the Local Government Code of the Philippines passed in 1991 is the requirement to consult
with, and seek the approval of, the local legislative council for any potentially polluting project proposed in a certain locality. To
this day, national projects are still imposed on local government officials even without the necessary approval of the local
council.

This issue is ripe for judicial resolution and guidance. In the event the issue rears its head again, it is necessary for the legal
advocate to place the legal issue within a constitutional framework using the above provisions as its anchor. The Supreme
Court is a very busy court with thousands of pending cases. It does not wish to unnecessarily take up the time of its esteemed
members on simple legal issues. Thus, many of the attempts to elevate cases to the Supreme Court, especially when the
issue involves a simple legal question, end up with the case being dismissed outright.

11) The role of peoples organizations
The State shall respect the role of independent peoples organizations to enable the people to pursue and protect, within the
democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. Peoples
organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with
identifiable leadership, membership, and structure. - Article XIV, Section 15

One of the singular achievements of the post-1986 era was the rise in the number and extent of participation of peoples
organizations, members of civil society who organized themselves to be heard. In turn, this democratic space resulted in
greater interest in and awareness of environmental issues.

One of the principles of governance is that it takes two to tango. There are always two players in the game of governance: the
government and the citizens. Good governance is when both not only intersect but also overlap almost completely. Bad
governance is when the two spheres are too far apart from one another. The complete overlap of both spheres is, of course,
the ideal. It is in this condition that the observation on government by philosopher H. D. Thoreau finds realization: The best
government is that which governs the least.

.
PART II: Philippine Environmental Law

Sub: The conduction of environmental impact assessments, the empowerment of a pollution board, and clear guidelines on
toxic waste disposal are among the significant environmental provisions in Philippine law

IF LAW is to be an effective guide to human behavior, it must be understood by every man, woman and child. A law that
cannot be understood cannot be made to work.

In the wake of the 1972 Stockholm Conference on the Human Environment, the Philippine Environmental Policy was passed
by then President Marcos.

The Environmental Policy recognized the need for man and nature to be in harmony with one
another. This was a departure from the former concept of nature simply being the object of mans control.

It is hereby declared a continuing policy of the StateTo create, develop, maintain and improve conditions under which man
and nature can thrive in productive and enjoyable harmony with each otherTo fulfill the social, economic and other
requirements of present and future generations of Filipinos. - Section 1, PD No. 1151

In pursuing this policy, it shall be the responsibility of the Government, in cooperation with concerned private organizations
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and entities, to use all practicable meansand fulfill the responsibilities of each generation as trustee and guardian of the
environment for succeeding generations. - Section 2, PD No. 1152

This environmental policy incorporated the sense of responsibility and obligation of todays generation to act as trustees for the
benefit of future generations. The policy also realized that mans activity has an impact on the natural environment. Hence,
there was a need to measure its impact before actually undertaking an activity. This led to the introduction of the
Environmental Impact Assessment (EIA) system.

THE Philippine Environment Code, meanwhile, provides a set of comprehensive guidelines for managing the different
environmental components, including air, water, land, natural resources and waste. It is the legal wellspring that the DENR
may draw from for the formulation of the implementing rules and regulations.

Concerns of land, air and water
1) Upgrading water quality
Where the quality of water has deteriorated to a degree where its state will adversely affect its best usage, the government
agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the
prescribed water quality standards. - Section 17, PD 1152

It shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his own expense. In
case of his failure to do so, the government agencies concerned shall undertake containment, removal and clean-up
operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such
pollution.- Section 20, PD 1152

The first part of this law is an expression of the polluter pays principle: You pollute, you clean up. The second part only says
that where the polluter cannot clean up for reasons of incapacity, bankruptcy, absence, and others, it is the obligation of the
government to undertake the clean-up, and then later, collect whatever it can from the polluter. The principal policy objective of
the law is that the body of water must be cleaned up as soon as possible.

The other section, Section 17, is even clearer. It says that where a body of water is dirty, it is the obligation of the concerned
government agencies to clean it up.

In the case of a heavily polluted canal, can a citizen write a letter to the local government to ask them to clean up the canal?
Why not? First, a citizen has every right to write and complain to his Mayor on a matter of public welfare. Second, a new law
on solid waste management expressly gives the citizen the right to complain, and even sue the Mayor if he fails to act on the
complaint.

2) Land use planning
The Land Use Scheme shall include among others, the following:
A science-based and technology-oriented land inventory and classification system;
A determination of present land uses, the extent to which they are utilized, underutilized, rendered idle or abandoned;
A comprehensive and accurate determination of the adaptability of the land for community development, agriculture,
industry, commerce and other fields of endeavor;
A method of identification of areas where uncontrolled development could result in irreparable damage to important
historic, cultural, or aesthetic values, or natural systems or processes of national significance;
A method for exercising control by the appropriate government agencies over the use of land in areas of critical
environmental concern and areas impacted by public facilities including, but not limited to, airports, highways, bridges,
ports and wharves, buildings and other infrastructure projects;
A method to ensure the consideration of regional development and land use in local regulations;
A policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land
around new communities;
A system of controls and regulations pertaining to areas and development activities designed to ensure that any source of
pollution will not be located where it would result in a violation of any applicable environmental pollution control regulati ons;
and
A recommended method for the periodic revisions and updating of the national land use scheme to meet changing
conditions. - Section 23, PD 1152

Land use planning is the first step to all environmental management. The law says that it must be scientifically-based and
technology-oriented toward a rational and efficient use of (the) land. This simply means, for example, that steep slopes should
not be classified as residential, commercial, or industrial zones, but as a forest or watershed area. Moreover, if the sloping
land must be classified as agricultural, proper safeguards must be provided for by zoning to ensure that massive erosion is
prevented.

To be scientifically-based also means that wetlands and bogs are properly identified.

Science tells us that these are the
aquifer recharge zones and must therefore be preserved as an open area, planted with trees and other forms of vegetation to
hasten absorption of the surface and rain waters. If these wetlands are zoned as a residential or commercial area, they wil l be
paved over with concrete and we will lose the water supply from underground that must be replenished.

Under the pervasive police power of the State, the use of private property may be regulated for the common welfare. So
22
long as the restriction of use is not total and leaves the owner with some beneficial use of the property, the regulation by the
State is not tantamount to taking private property. If, because of the regulation, the owner is completely deprived of any form
of use and benefit, the State is obliged to compensate the owner for the value of the property taken. If, for example, a local
government were to zone an area as agricultural, even if it is in the center of the city, there would be no taking of the property
because it is still useful as agricultural land. However, if the local government were to declare it as a permanent forest or
wilderness area, it would have to pay the owner the value of his property because then, the property would be of no economic
benefit to him.

What if an enlightened local government was to zone patches of land in the heart of the city as agricultural land? The local
government could very well justify it as part of the need to decongest the city and to provide it with more open spaces and
greenery in order to improve the citys air quality.

Any court of law would uphold the ordinance as a valid exercise of police power in pursuit of the common welfare. The Court
would also say that there is no taking of the property inasmuch as the property still has some beneficial use to the owner. He
could cultivate it as an herbal or spice garden, for example.

There are other ways of approaching political opposition and softening the beachhead of resistance to environmental
initiatives. First is proper legal marketing, the art and science of selling the law or the good behind the law. Second is the use
of economic instruments. For example, property taxes on commercial establishments may be raised and the revenues derived
from it used to offset the realty taxes lost by declaring a parcel of land in the city as agricultural instead of commercial, and to
exempt the land owner from payment of any form of realty tax. Revenue can also be used to raise more money to pay the
landowner a subsidy as a form of rent for keeping the area open and well-planted, and to help the lot owner market his
produce.

3) Financial grants and incentives
Financial assistance/grant for the study, design and construction of environmental protection facilities especially for waste
disposal in favor of cities, municipalities, small and medium-scale industries may be granted on a case-to-case basis subject to
such conditions as may be imposed by the Council. - Section 57, PD 1152

This section authorizes the Government to prepare a menu of financial and other incentives.

While the provision apparently
relates only to solid waste management, it is possible to apply it widely enough to encompass other environmental concerns.
Note that the wording of the law is: assistance/grant forenvironmental protection facilities especially for waste disposal.
In legal interpretation, the word especially means that solid waste is only one of the environmental protection facilities for
which government can give incentives, and certainly not the only one.

4) Waste management strategies
to encourage, promote and stimulate technological, educational, economic and social efforts to prevent environmental
damage and unnecessary loss of valuable resources through recovery, recycling, and re-use of wastes and waste products
. - Section 42 (b), PD 1152

The various approaches for efficient waste management are outlined in the law, among them reduction, recycling and
incineration of waste as well as other ecologically sound waste disposal methods. There are those who cite the Clean Air Act
of 1999 as banning incineration, hence having the effect of repealing the above provision. Nothing can be further from the
truth; incineration is still an option for waste disposal under the law. A closer reading of the provision in the Clean Air Act will
indicate that contrary to common perception, a proper incineration method is not banned if it complies with internationally
accepted standards.

An environmental feasibility study
The Environmental Impact Assessment (EIA) is to the environment what a financial feasibility study is to a business venture. It
is a study and planning tool to enable project proponents to think through the environmental impact of their proposed project .
The impact of a mining operation, for example, will include such considerations as the excavation and removal of soil, earth
and ore that could lead to erosion, the mine wastes and toxic and hazardous chemicals that must also be properly disposed of,
and others. An EIA would have to examine and assess these impacts, and provide measures to either prevent them, or at
least mitigate adverse effects on the human population and on the natural environment.

The EIA applies to industrial plants, as well. The fumes they emit, the waste water they discharge, and even the patch of earth
to be paved over with concrete are some of the environmental effects that must be anticipated. Although these are not
normally included in the computation of the financial costs of the project, they are nevertheless costs that must be
accounted for. All this must be done in order to determine the amount of natural resources needed to establish and operate
the project, the actual price of the product to be sold, the long term profitability of the operation, and whether or not the project
is making a real contribution to the natural wealth.

In the making of cement, for example, the raw material is limestone, a non-renewable mineral resource. This will have to be
mined somewhere, then transported to the cement plant, which will, in turn, process it into cement. The manufacturing process
also has an impact on the environment because of the dust generated by the procedure. The same holds true for a power
plant; the dust and soot from the burning of coal or oil must be disposed of. Everything has to go somewhere.

The regulatory instrument used to ensure that the environmental impact of a proposed project has been examined and
23
assessed is known as the Environmental Compliance Certificate (ECC). Strictly speaking, the ECC is not a certificate of
compliance with environmental standards. It is only an assurance that the proponent has complied with the process of
assessing the environmental effects of the proposed project. The ECC also, in effect, certifies that according to the proponent,
the proposed project presents no adverse environmental impact.

As in the case of many regulatory tools, the EIA and ECC system in the hands of government bureaucrats has become too
unwieldy. Frustration with the excessive emphasis given to the preparation, review, and issuance of the ECC has been likened
to the preparation and defense of a doctoral dissertation.

Once issued, however, the monitoring of compliance is often left to
chance.

To evaluate the environmental impact of a project, they are divided into two: environmentally-critical projects (ECPs) and
projects in environmentally critical areas (ECA). A mining enterprise or a power plant is, by its very nature, extractive and a
cause for pollution. Thus, it is classified as an environmentally-critical project. On the other hand, a project may not be
environmentally critical per se, but because it is to be located in an environmentally critical area, the project needs an EI A
study. An example of this is a housing project, hotel or resort facility. In and of themselves, they are not environmentally
critical. However, because they are proposed to be located in, say, in a mountainous area known for heavy erosion, or near an
earthquake fault, they must undergo an EIA.

Except for a few refinements on the EIA law, no new legislation is necessary to streamline and reform the present system.
After all, in the final analysis, what is important is not the permit, (the so-called ECC), but the actual compliance with the
conditions stated in the environmental certificate.

Efforts to streamline and strengthen the EIA-ECC system must incorporate expeditious processing and issuance based on a
rational land use plan, accountability by the budget and policy-making authorities of the enterprise (Board of Directors,
Chairman, Chief Executive Officer), the delegation of monitoring to local governments; and the proper and forceful handling of
violations.

The law on pollution control
It is said that the first recorded stirrings of pollution control in the Philippines may be traced to the Spanish Law of Waters of
1866, which stated thus: When any industrial establishment contaminates the waters used with substances or properties
noxious to the public health or to navigation, the Governor shall order an expert investigation to be made, and if it be found
that harm is being done, he shall direct the suspension of such industrial operations until the owners adopt a suitable remedy.
The costs and expenses of this investigation shall be paid by the person making the complaint if it should turn out to be without
foundation, and in the other event by the owner of the establishment.

In post-colonial times, the first comprehensive law on pollution was the National Air and Water Pollution Control Law of 1964.
In 1976, it was revised by the National Pollution Control Decree.

Laws have since been passed on the different areas of
pollution concerns ranging from toxic wastes, protected areas and air pollution to solid waste management, and wildlife
conservation.

Pollution is defined as the changes in the physical composition of air, water or land that would render it harmful to human
health or adversely affect its use.

Air that is unfit to breathe, such as the air of Metro Manila, is an example of polluted air.
Water that would cause cholera or skin diseases is polluted water. At its best, a river must be fit for bathing, recreation, or fish
propagation. The Pasig River, however, is so dirty that is way below established standards. The presence of bacteria renders
the water unfit for any form of contact recreation. In fact, the Pasig River and almost all of the rivers of Metro Manila are
classified as biologically dead and incapable of sustaining aquatic life.

By common usage, sewage generally refers to the liquid wastes generated by commercial and industrial establishments as
well as from residential houses. It is also understood to mean waste waters, i.e., water that is thrown away by human beings
after use.

Until recently, conventional thinking was of the belief that water supply was limitless. The clear implication of this kind of
thinking is that water is so plentiful we can afford to waste it. Thus, the term waste water.

If we should continue to waste water, the rules of basic decency require that the least we can do is to clean it up before we
throw it away into a larger receiving body of water. Otherwise, we will pollute the receiving water body, be it a river or the sea.
The fact that Metro Manila alone, with its almost 10 million inhabitants, disposes of about five million gallons of raw sewage
into Manila Bay is proof of the virtual absence of any sewage treatment in the entire metropolitan area. There are only three
functioning sewage treatment plants in Metro Manila, with a capacity of only about 10% of the entire sewage outfall. The
Americans built one at the turn of the 20th century for the City of Manila with a capacity of only 150 cubic meters per day. The
other two sewage treatment plants are in the two high-end commercial and residential complexes in the rich parts of the cities
of Makati and Muntinlupa.

The Pollution Adjudication Board (PAB) is the successor agency of the National Pollution Control Commission (NPCC). There
is, however, a significant difference between the two: While the NPCC was an agency with its own full-time staff and
complement of technical personnel, the PAB is a part-time body that exercises quasi-judicial powers, or has the power to act
like a judicial tribunal or a court.

24
Being a quasi-judicial body has its advantages in the hearing procedures and in the decision-making process in pollution
cases. First of all, the agency is not bound by the strict rules of judicial evidence and procedure. For this reason, the process
can be much faster than that of a court. Secondly, the amount of evidence needed to support a case for pollution before the
PAB is not as strict as the standard of proof beyond reasonable doubt required in criminal cases. Only substantial evidence
is required.

This means that there must be some evidence to support the allegation of pollution and proof that the pollution comes from a
particular source. While the amount of evidence need not be overwhelming, there must be a connection between the source
(the cause) and the consequence (the impact).

The abbreviated nature of the PAB proceedings is necessary because, more often than not, human health is at stake. In the
face of possible danger to human health or to the environment, one need not wait for absolute scientific certainty before taking
action. The PAB therefore exercises certain powers:

1. The ex parte power to stop pollutionIn line with this precautionary principle, when there is a finding that the pollution level
poses a threat to human, animal, or plant life, or that it exceeds the maximum standard allowed by law, the PAB has the power
to issue an ex parte order (without a full-blown hearing) directing the discontinuance of pollution or the temporary suspension
of the operation causing the pollution.

This power has been questioned before the Philippine Supreme Court for allegedly violating the due process clause of the
Constitution. In what may well be the first articulation of the precautionary principle and the polluter pays principle in
Philippine jurisprudence, the Supreme Court upheld these principles. The Court said that this was a legitimate exercise of the
States pervasive police power to protect public health and to pursue the general welfare of its citizens.

2. The power to issue permits and collect feesThe Pollution Control Law has been viewed as outdated by many, including
people in the very agency tasked to implement the law. The common perception is that the present law does not give the
regulatory agency the power to introduce economic incentives and so-called market-based instruments such as user
fees, pollution charges and the like.

However, the law says that the government agency has the authority to issue, renew, or deny permits, under such conditions
as it may determine, and to collect reasonable fees and charges.

Let us say that the Secretary of the Department of
Environment

wants to implement the polluter pays principle in order to make people aware of the third law of ecology, that
nothing is for free. The added revenue for the government would go a long way in strengthening the agencys capability to
monitor and enforce anti-pollution laws.

In order to lay the legal basis for this policy initiative, it is important that a scientific study be conducted to determine the
amount of the pollution charge or environmental fee. The emerging science of Environment and Natural Resources Accounting
can help us determine the replacement cost or clean-up cost of anticipated discharges and pollution levels.

This policy objective must, of course, be properly explained to the stakeholders in an appropriate legal marketing campaign.
They must not only understand the purpose of a project, they must also appreciate the reason why it must be done.

One of the ways by which resistance can be softened is to be able to convey a clear idea of what government is going to do
with the monies earned from a program. It is not enough to say that these will go to the government. What if, for example, part
of the revenues earned from a program were to be used to put up a sinking fund for the stakeholders benefit, in the form of a
fund to co-finance pollution control systems? The resistance would vanish.

Government can argue that the power to assess fees is specifically granted by the law, which states that the government has
the authority to collect reasonable fees and charges. The amount will be based on the painstaking science of Environment
and Natural Resources Accounting, and will simply be an implementation of the polluter-pays principle, a principle articulated
in international environmental agreements to which the Philippines is a party.

The polluter-pays principle has found expression in Philippine Courts. In what may be the first judicial pronouncement in
Philippine jurisprudence on the need to internalize environmental costs of the manufacturing industry, the Supreme Court
declared that industrial establishments are not constitutionally entitled to reduce their capital costs and operating expenses
and to increase their profits by imposing upon the public threats and risks to safety, health, and general welfare and comfort,
(and) by disregarding the requirements of environmental statutes and their implementing regulations.

3. The arbitration of damagesIf the environmental elements of land, air, and water have been damaged and will need to be
rehabilitated or replaced, what governmental agency decides on the matter? Is it the courts of law or the DENR? That practical
and legal issue has never been brought before the courts. Likewise, the power to assess environmental damages and to
require polluters to pay and clean up has not been tried by the government with definite determination.

The court is not the proper venue to decide on environmental damages. It has neither the technical staff nor the particular
expertise to undertake such a tedious and time-consuming exercise. That leaves us with only one option: the government
agency.

Power against polluters
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The law states that the PAB is the arbitrator for reparations or restitution of the damages and losses resulting from pollution.

The word arbitrator does not refer to the voluntary system of arbitration. It is believed that the law intended to grant the
DENR (of which the PAB is a part) the power to investigate the level of pollution, the extent of the damage caused, and the
amount needed to repair, restore and rehabilitate the same. The amount must be in addition to the fines paid. The fine is onl y
a form of penalty, but the assessment for environmental damage is intended to restore the ecosystem damaged.

The clean-up provision mentioned earlier says that any person who pollutes a body of water is responsible for its clean-up. If
he cannot do it, government will and charge him the costs. What agency is in the best position to determine the clean-up costs
if not the DENR itself?

4. Visitorial powersOne of the powers necessary to effectively enforce Environmental Laws is the power to enter the
premises of an industrial or commercial establishment. This includes the power to inspect its operations and examine records
relevant to the pollution discharges. This is known as the visitorial powers of government.

Note, however, that this does not include the power to enter into and inspect residential premises under normal circumstances.
The home is protected against searches and seizures without a search warrant issued by a court of law. However, if the
residence is also being used as a commercial or manufacturing establishment, the mantle of protection is lifted.

5. Judicial reviewNo appeal to the Courts is allowed until the party aggrieved by the decision of the PAB has exhausted
administrative remedies before this quasi-judicial body. An appeal taken from the action of the PAB must be filed in the Court
of Appeals in the same manner as appeals are taken from a decision of the Regional Trial Court.

In 1988, the PAB found the dumping of the mine tailings into the Calancan Bay of the Province of Marinduque unacceptable,
and thereafter ordered the cessation of the firms operations.

However, instead of filing an appeal with the Court of Appeals as
provided by law, the company filed its appeal with the Office of the President.

Taking over the case, the Office of the President
reversed the PABs decision and allowed the mining company to continue operating. Although the DENR did not question the
decision of the Office of the President at that time, it is believed that the procedure used by the mining company was
erroneous. Taking into account the official proprieties, it would have been preferable if the DENR had advised the Office of the
President not to take cognizance of the case. The proper legal procedure was for the office of the President to instead forward
the case to the Court of Appeals for proper judicial disposition.

That controversy did not die down. About eight years later, on March 29, 1996, the dam that held the mine tailings burst and
spilled 2.5 million tons of mine wastes into the Boac River of the Province of Marinduque. Local officials are still in a dilemma
as to what to do about the disaster.

6. Remedy against a cease-and-desist orderWhat is the remedy of the person or establishment against whom a cease-and-
desist Order (CDO) has been issued? Such person or establishment can have it temporarily lifted by filing a Motion for
Reconsideration, which must include detailed plans of the pollution control equipment to be installed by the establishment, a
statement of the interim measures that the establishment will adopt in order to reduce and mitigate the pollution, the posting of
a performance bond equivalent to 25% of the cost of the total pollution control program, the appointment of an accredited
Pollution Control Officer (PCO), and a notarized undertaking signed by the respondent or its duly empowered managing head
to comply with the conditions set by the Board.

7. Exclusive jurisdictionThe DENR, through the PAB, has the exclusive jurisdiction to hear and decide pollution cases. Thus,
in one of the early cases involving the issue of pollution, the Court refused to proceed with a criminal action filed against an
alleged polluter without prior determination by the administrative agencythen the National Air and Water Pollution
Commissionof the existence of pollution. The determination of the existence of pollution requires investigation, public
hearings and the collection of various information relating to water and atmospheric pollution. The definition of the term
pollution in itself connotes that the determination of its existence requires specialized knowledge of technical and scient ific
matters which are not ordinarily within the competence of Fiscals or of those sitting in a court of justice. (Mead v. Argel
)

The principle was reiterated in the PAB v. Court of Appeals case, where the court said that it is now within the province of the
PAB to make determinations of pollution. Again, this was further clarified by a later case wherein the power of the local mayor
to shut down an allegedly polluting factory was put in issue.

In that case, the Court held that it was not within the power of the
Mayor to decide on the pollution issue of an industrial establishment. The sole power to do so is vested by law in the DENR, of
which the Pollution Adjudication Board is a part.

In this case, there appeared to have been some question on the quality of the evidence presented by the Mayor. It was also
decided before the effectivity of the Local Government Code.

In light of a subsequent ruling, which eloquently called upon local governments to exercise the requisite political will in the
battle against environmental degradation, it is believed that a similar case arising today would have a different result.

Factors
that could contribute to the possible difference would be the presence of a qualified environment officer in the Local
Government Unit with sufficient technical competence to determine the existence of pollution; the proper evidence establishing
the fact of pollution; and the proper exercise of executive power by the Mayor as supported by a resolution or ordinance of t he
local legislative council.

Nothing catches the attention of concerned people better than a criminal case. Yet, in spite of the existence of criminal
26
provisions in the pollution control laws, not a single officer of a company has been successfully prosecuted criminally for
violation of the anti-pollution law.

On the part of the concerned officers, what can be their defense? One is to present minutes of a Board Meeting where the
matter of pollution was discussed, and where a pronouncement was made to do something about the pollution. Thereafter,
proof must also be presented that there was a deliberate or negligent act on the part of the responsible officer (operations
manager, supervisor or pollution control officer) to ignore the policy or internal rules promulgated by the Board of Directors. On
the other hand, the concerned lower ranking officer can pass on the blame to the higher officers by claiming, for example, that
despite the policy promulgated, the Board did not authorize any budget for the operation of the pollution control system.

The matter of criminal liability for pollution in Philippine jurisdiction is still uncharted territory.

The filing of a criminal case
against top-ranking officers of the establishment, however, would surely make them sit up and listen. It would also send a
message to the other sectors of society and to the other industrial and commercial establishments whose environmental
behavior needs to be modified.

Poisons in our backyard
The industrial age has been characterized by the extensive use of chemicals. To make steel, one needs hydrochloric and
sulfuric acid; to make gold, one needs cyanide and mercury; to make plastic one needs petroleum and chlorides. Even in the
cooking of our food, we mix in different kinds of chemical condiments, flavorings and seasonings.

One of the efforts to control our environment involved the invention of DDT to kill off malaria-carrying mosquitoes. Once hailed
as a wonder drug that saved countless lives, DDT has since fallen into disrepute as a health and environmental hazard and is
now hardly used in so-called developed countries.

In the book Silent Spring, scientist Rachel Carson dramatically showed how
mans modern chemicals were having a disastrous impact on the natural environment.

An interesting chemical element is chlorine. It is one of the more pervasively used chemical elements in modern society, used
in everything from plastics and water to refrigerants and cosmetics. Indeed, one of the signal products of the 20th century i s
plastica malleable, inexpensive and non-biodegradable substance.

Scientific evidence now shows that some compounds called organochlorines do not decompose when ingested into the
human body. Neither are they discharged by the body as waste. Instead, the chemical accumulates in the body fat and has
been observed to exhibit harmful effects on the reproductive system. There is a growing body of evidence that sperm counts
are now significantly lower, and sexual organs in affected animals are getting smaller, inverted, or otherwise misplaced. There
is also growing evidence to show that these chemicals are disrupting the endocrine system responsible for reproduction.

These are the chemicals that are now contained in the things that we use and the food that we eat.

Hazardous wastes are the chemical wastes generated by manufacturing processes in the production of industrial and
consumer goods. Indeed, the volume of hazardous waste produced appears to be directly proportional to a countrys level of
industrialization. Thus, industrialized countries such as the USA, Japan, and some countries in Western Europe produce so
much hazardous waste from their industrial processes that they are literally running out of places to throw them. In fact, many
of them are ready to pay high prices to poorer countries willing to accept their wastes. While they produce enormous volumes
of wastes, they are unwilling to use their own territory as the disposal sites and expect others to accept them.

A milestone in International Environmental Law was the Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal. This was implemented in the Philippines by way of the Toxic Substances and
Hazardous and Nuclear Wastes Act of 1990 (Republic Act 6969).

At face value, the law appears to address both toxic substances and hazardous wastes. The policy is to regulate the use and
distribution of chemical substances that may present an unreasonable risk to the health of the people or to the environment. It
is also the States policy to restrict the importation, even in transit, of hazardous wastes into any part of its territory.

A quick reading of the law indicates that much of the legal language is focused on chemical substances and imported
hazardous wastes. Rules on hazardous wastes generated within the country are, however, quite vague. This is a good lesson
to remember in the crafting of an Environmental Law. A single sentence, or even a phrase, on the matter of locally generated
hazardous wastes would have made for a clearer legal mandate.

There are two other lawsthe Environment Code and the Pollution Control Lawthat serve as fallback legal basis in case the
governments authority to pass regulations on hazardous wastes is challenged.

Under this law, hazardous wastes are classified as substances without any safe commercial use or value, which are brought
into the country for the purpose of dumping and disposal. The importation of wastes is absolutely prohibited, and the violati on
carries with it a penalty of 12-20 years imprisonment, exemplary damages of at least P500,000, re-export of the wastes to the
country of origin, and others. Note that the operative words in the prohibition are waste brought into the country for dumping
or disposal. When the waste is brought here for recycling, it seems that the law and penal sanctions do not apply. Hazardous
wastes are also manufacturing and industrial by-products, spent residue, waste, and consumer discards. Seen from this
definition, the tetra-pack container of an orange juice drink, plastic wrappers of candies, cans, bottles, and other discards may
be classified as hazardous wastes.

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All industrial and manufacturing processes discharge industrial wastes that are, more often than not, hazardous in character.
Hazardous wastes are characterized as such because of their corrosive tendency, toxicity, inflammability, and reactivity. It is
estimated that the volume of hazardous wastes generated in the Philippines each year is about 2.4 billion kilos, or some 6.6
million kilos per day. Even a fraction of a gram of some of these wastes can cause injury or death.

While the implementing rules and guidelines have been laboriously prepared by the DENR, compliance with the law is almost
nil for a very simple reason: Except for a few in-house incineration and toxic waste facilities, there is virtually no facility
available anywhere in the country capable of proper waste treatment and disposal. Industrial facilities and manufacturing
concerns are now faced with a management dilemma: They can no longer throw away their industrial and hazardous wastes
anywhere, yet they have no alternative disposal site. Establishments are then forced to store hazardous wastes in their own
premises, which are naturally limited in space and are not the proper storage sites for these wastes in the first place.

This is an accident waiting to happen. There is a serious possibility such wastes causing a fire or leaking into the ground and
into the aquifer. In this event, the degree of damage can be tremendous. Moreover, the escape of the fumes into the air. Yet,
there appears to be no serious effort to address the need for a hazardous wastes infrastructure.

Adding to the complication is a provision in the fairly recent Clean Air Act of 1999, which appears to ban the use of
incineration. Note the use of the words appears to ban. A closer reading of the law shows that incineration is not prohibited
and remains one of the technological options in addressing hazardous waste management.

How to handle with care
Hazardous wastes are generally classified as medical wastes and industrial wastes. Medical wastes such as used needles,
gauze and human body parts must be disposed of by the appropriate disposal system that would render them inert, harmless
and non-contagious. In the case of industrial wastes, it is possible for much of the hazardous waste generated by industrial
processes to be recovered, re-used or recycled. By simply taking time to rationalize the kinds of wastes and organize the
various waste generators, a waste exchange program can be developed. More often than not, the waste of one is the raw
material of the other. Thus, only a very small portion of the industrial wastes may need to be subjected to high-intensity
thermal exposure or other proper disposal technique.

There are several issues of concern with regards to proper hazardous waste infrastructure:

1. FinancingThe cost of such a facility is considerable. One of the financing mechanisms available is the Build-Operate-
and-Transfer (BOT) scheme

for investments in public infrastructure. It must be noted that there are a number of fiscal and
tax incentives available for projects classified as environmental management facilities under the Investment Priorities Plan
(IPP) of the Board of Investments (BOI).

2. LocationOne of the principal difficulties of establishing a toxic and hazardous waste (THW) facility is its proper location
geologically, economically, and above all, politically. It must be located on stable ground, far from an earthquake fault and from
volcanic fire. Since practically all remaining available land is located in hilly areas, the choice of location can be quite tricky.
The facility should be close to the sources of the industrial wastes. While it may be geologically and politically acceptable to
establish it in remote islands near Batanes or Tawi-Tawi, the transportation costs would not make the option feasible.
However, these issues would be easy to resolve compared to the political dynamics of relocating such a project. An
announcement by the government that it plans to put up a hazardous waste disposal facility in a certain town or city will
immediately elicit howls of protest from its residents. If the government is not firm in its decision, prospective investors will not
want to touch the project with a 10-foot pole.

Political will, as always, will be the main determining factor, and it must emanate from the top. The DENR can help by
softening resistance with proper information and education campaigns. One can point to facilities in Hong Kong, Singapore,
Malaysia, the United Kingdom and other places. In Malaysia, toxic and hazardous wastes are not referred to as such in order
not to unduly alarm the residents. Instead, they are called scheduled wastes, i.e., wastes that are the subject to a schedule
or classification.

Another aspect of the location issue is whether or not to put up a facility that is centrally located, or to make it area-based.
Area-based facilities may be more efficient and less costly for users of the facility since these would save on the transport
costs. For example, for the industrial waste generated in the provinces of Cavite and Batangas, the facility could be located in
any one of the provinces. This applies the proximity principle in waste management. It will also soften the resistance of
people in a particular place by removing the perception that they are being used as the toxic dumpsite of other more
progressive places.

The environmental and technical considerations are the easiest to address. Much of the hazardous wastes treatment
technology is mature, environmentally sound, and has been in practice elsewhere in the world.

3. The need for strict legal complianceThen there is the issue of how to ensure compliance on the part of the industrial
waste generators. If the industrial firms cannot be legally compelled to use the THW facility, the heavy investments made to
put up the facility cannot be recouped.

It should be easy to make industrial firms comply with hazardous waste laws. In the first place, it is not in their financial interest
to violate Environmental Laws such as these. Secondly, the industrial firms are themselves interested in availing of the
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services of the THW facility, as they are running out of places to store their hazardous wastes.

4. The proximity principleThis simply means that the disposal site of wastes must be as close to the source as possible. A
management strategy based on this principle will not only reduce the costs and risks of transportation, it is also a matter of
plain common sense. If people were forced to dispose of their garbage right in their own backyard (or in their own village), they
would begin to seriously think of waste reduction, waste reuse, and waste recycling.

Provinces and cities are so eager to invite industrial investors into their localities for the jobs and revenue that will be
generated. They must, however, also be ready for the responsibility of accepting the hazardous wastes that naturally come
with the manufacturing processes. Benefit goes hand-in-hand with burden, an elementary principle in environmental
management, as it is in life
.
5. ASEAN CooperationOne of the tightly knit regional associations in the international community is the Association of South
East Asian Nations (ASEAN). Its present 10-country membership can certainly explore undertaking a cooperative program of
waste exchange.

Today, Singapore and Malaysia have the necessary hazardous waste disposal facilities operated on world
standards. The Philippines could send some of its wastes to the countries while accepting some of the wastes of other
member countries for treatment and, perhaps, re-use. Following the truism that one mans waste is another mans resource,
such a program would certainly enhance the cooperation of member states. It would also lead to an increase in environmental
trade and industry and increased exchange of technology and performance standards among ASEAN member countries.

6. Public access to recordsThis is one area where the right to public information on constitutional provisions can be most
useful and effective. Part of the peoples right to public information is the right of access to the records submitted by industrial
establishments on the chemical substances used in their manufacturing processes as well as on the hazardous wastes
discharged.

It is possible, therefore, for an environmental non-government organization (NGO), or even an ordinary citizen, to legally
demand that an environmental agency produces the data on the kind and volume of wastes discharged by an industrial facility.
As a general rule, the public should have access to information concerning chemical substances used by industrial
establishments. This must include safety data and data on emissions or discharges into the environment. The government
agency is required to make the documents available for inspection or reproduction during normal business hours, except when
the same is privileged or is a trade secret.

PART III: Administration and Advocacy

Sub: The Department of Environment and Natural Resources and its affiliate agencies must be at the frontline of
environmental management, with help from environmental advocates and legal guidance from the Civil Code

IN THE not-too-distant past, natural resources were seen as free for exploitation and use by humankind. This paradigm was
reflected in the very name of the government agency tasked with its management, the Department of Agriculture and Natural
Resources (DANR) in the 1960s, and as the Ministry of Natural Resources in the 70s and early 80s.

It was only in 1987 that
the word environment was finally inserted into the name of the agency now known as the Department of Environment and
Natural Resources (DENR).

It was created by virtue of Executive Order 192 passed by then President Corazon Aquino in
1987.

The paradigm shift was evident even in the very wording of the preamble and policy objectives of the law. Whereas the word
exploit was always a part of the mandate of natural resources management, nowhere is it now found in any part of the law
creating the DENR. Instead, such terms as sustainable use, renewal, development and conservation now appear as the
applicable management standards. It is to the credit of Filipino legislative craftsmanship that the term sustainable use was
already in our law before the Brundtland Commission made the term sustainable development popular.

Inside the DENR
The Departments mandate includes the inventory and classification of lands, development of mineral resources, protection
and conservation of parks and wildlife, and the maintenance of air and water quality.

Issue has been taken over the fact that natural resources exploitation should not be the mandate of the very agency tasked
with conservation. It is argued that the DENR is not only a clear example of a conflict of interest situation, it is also essentially
a contradiction of terms. The main point of the argument is that the development of a natural resource basically implies
transforming the resource into money. If this is the main priority of the government agency, all other considerations will tend to
be brushed aside. This was exactly the attitude from the 1960s to the mid-1990s.

The other side of the argument is that the Department that supervises the grant of licenses to exploit land, mineral, and
forestry resources is in the best position to monitor the environmental performance of the persons and establishments to
whom these are granted. It has been argued that the task of monitoring mine wastes and tailings belongs to the Bureau of
Mines, a bureau under the DENR, because the DENR has the power to suspend or cancel the mining permit in case of
violations.

However, because of the cozy relationship between the regulators (who also happen to be the grantors of the
exploitation/development permits) and the regulated (the mining and logging industries), a conflict-of-interest situation can
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easily arise. One has yet to see a mining company suspended or shut down by the Bureau of Mines because of the
indiscriminate dumping of tailings.

During the heyday of copper mining, one of the largest copper mining companies in the world was located in Central
Philippines. No beep was ever heard from the government agency in charge of monitoring the mine waste disposal system of
the company. In fact, the agency did not even bother to enforce the law that required the restoration and rehabilitation of t he
mined-out areas.

It was not until after the company finally closed down because of the sharp drop in the price of copper that the environmental
violations were noticed. In August 1999, a massive fish kill occurred in the Taon Strait, right beside the site that was the
convenient dumping ground for the companys waste. The fish kill was caused by a large discharge of highly acidic water from
one of the mining pits. After the news died down, so did any official interest on the part of the agency tasked with the mandate
of mining development and environmental management.

The reality in the structural set-up of the DENR is that the time and funds devoted to environmental protection is minuscule
compared to the time and funds devoted to natural resources development. Land disposition and the resolution of land
controversies alone take up the bulk of a Secretarys time. Add to that the handling of mining rights, resolution of mining claims
and controversies and supervision of forestry related matters, and you have a Department hobbled by the sole concerns of
natural resources development. Such issues as solid waste management, land, air and water pollution, soil erosion, species
extinction, and other environmental concerns go unaddressed.

The change in the approach to environmental administration is important not just because the words have changed. The shift
in the legal state of mind did not happen simply with a stroke of a Presidents pen.

It began almost a decade earlier, in June
1977, with the passage of the Philippine Environmental Policy Act and the Philippine Environmental Code and the creation of
the former National Environmental Protection Council. In fact, the first stirrings of a global paradigm shift actually started with
the 1972 Stockholm Conference on the Human Environment. What the 1987 law achieved, however, was the formalization of
the change in thinking, as well as the partial institutionalization of the agency that would have the primary mandate for its
advancement. The paradigm shift, however, is still ongoing.

The word partial is deliberate. If political will is best measured by the amount of financial resources allocated to an obj ective,
the budget for environmental management is quite revealing. The allocation for the DENR is less than 1% of the entire national
budget. Even more revealing is the fact that the budget for environmental management is only about 3% of the budget of the
entire DENR.

Without creating a new Cabinet office, the paradigm shift to environmental management within the framework of the existing
institutional structure can be made by simply shifting the emphasis from development by exploitation to development by
conservation. In the matter of land classification and inventory, for example, the government agency can closely examine the
topographic map and contour of the area. If part of the land is 18% in slope or over, the grant of land must contain a
requirement to re-vegetate the land to such a condition as to prevent erosion. In the case of mineral resources and forestry
utilization, the shift in emphasis can take the form of declaring a moratorium on the issuance of mining permits or releasing
desk-bound personnel into the field to undertake close monitoring of mining companies environmental performance. So also
can budgets and personnel be realigned for environmental management, parks and wildlife protection, air and water quality
protection, and the like.

A welcome delegation
One of the welcome developments in the DENR is the delegation of functions to the regional offices. This is an improvement
from the time when almost all of the functions were concentrated in the Central Office. This move is long overdue, and should
be pursued with greater vigor.

As earlier noted, the Pollution Adjudication Board (PAB) is the agency with the task to hear and resolve pollution cases.
However, its powers and functions have been so restricted that it is rendered inutile. Structurally, it is a part-time agency that
only meets twice a month. Its composition is faulty, counting among its ranks very high-level officials, namely the Secretary of
the Department as Chair, two Undersecretaries, the Director of the Environmental Management Bureau, and three others
appointed by the Secretary. These officials are heavily occupied with the day-to-day demands of their respective offices. To
saddle them with hearings of pollution cases, which are purely technical in nature, is to expect superhuman abilities from very
human individuals.

Politically, the composition of the Board is highly vulnerable to the winds of the moment. The Secretary designates all the
Undersecretaries, the EMB Director, and the three private sector representatives. Since the Secretary is a political appointee,
it follows that whenever there is a new administration (and thus a new DENR Secretary), the entire composition of the Board
changes. Any hint of independence by any of the Undersecretaries or private sector representatives that run counter to the
wishes of the Secretary could quickly result in the Board members replacement.

While many of the pollution cases arise in the regions and provinces, the PAB is highly centralized in Metro Manila. This
results in serious inefficiencies. For the private party involved in the pollution case (either as complainant or as respondent), it
results in unnecessary costs. The issue involved in a pollution case is mainly technical in nature, not legal. In fact, the i ssue
can be addressed only by a technical report showing whether the effluents or emissions of a particular entity are within the
standard set by law. To have a committee of seven people sit and decide what to do is literally making a mountain out of a
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molehill.

The PAB is ripe for restructuring. One option is to delegate the hearing and decision-making, as well as the subsequent action,
to the regional offices of the DENR. The PAB can then be left to simply becoming an appellate body. Another option is to
make the PAB a full-time agency with members enjoying security of tenure. Yet another option would be to abolish the PAB
altogether and leave the handling of pollution cases to the regional offices.

There are important agencies attached to the DENR:

1. National Mapping and Resource Information Authority (NAMRIA)All the mapping and surveying functions are now vested
in this single agency. The NAMRIA may also conduct and use research in remote sensing and satellite imagery, airborne
scanning and radar, and other similar technologies.

Mapping and resource inventory are some of the most important functions in the science of environmental governance. The
ability to know the parameters of resources is a necessary condition for protection. We cannot protect something if we do not
even know where it is. Using this agency effectively would enable those concerned to at least begin to know where and what is
out there that needs to be protected and conserved. It is critical, therefore, that this be managed professionally and with
utmost consideration for continuity. Interestingly, the qualifications for the Administrator of this agency are not even provided
by law. This makes the position highly subject to the whims and caprices of the appointing power.

2. Natural Resources Development Corporation (NRDC)The NRDC is the corporate arm of the DENR. It is designed to
afford some measure of financial flexibility to the government agency and enable it to undertake pioneering commercial
ventures. As a corporation, it can directly engage in projects with the use of innovative technologies for commercial production
and propagation.

For example, the NRDC can engage in the tissue culture of rattan and bamboo, butterfly culture, orchid and other wildflower
production and, of course, in the marketing of these products. This is especially needed in areas where there is a need to
develop alternative forms of livelihood to wean people away from extractive industries such as fishing and slash-and-burn
farming. In the matter of environmental management, the NRDC can serve as a catalyst to enliven the market in pioneering
environmental enterprises relating to solid waste management, domestic wastewater treatment, and industrial hazardous
waste management facilities, and in training for environmental management systems.

However, the law was not intended to authorize NRDC to go into the bottled water business, or into the food catering or
construction businesses and similar non-pioneering commercial ventures. Not only would it directly and unnecessarily
compete with the private sector; these activities are also outside the authority of the corporation.

3. Laguna Lake Development Authority (LLDA)The LLDA is another government agency attached to the DENR that
performs both regulatory and corporate functions. Its mandate is to develop and conserve the Laguna Lake region, the body of
water itself as well as its surrounding watershed area.

The environment and the Civil Code
The Civil Code is the general law that governs the rules of human civility, and it contains relevant parts that can be used to
further the cause of environmental protection.

1) Nuisance
A nuisance is any act, omission, establishment, business, condition of property, or anything else which injures or endangers
the health or safety of others; annoys or offends the senses; shocks, defies or disregards decency or morality; obstructs or
interferes with the free passage of any public highway or street, or any body of water; or hinders or impairs the use of
property.Civil Code, Article 694

In law, nuisance is defined as the use of property or conduct that interferes with the legal rights of another, causing damage,
annoyance, or inconvenience. This is the basic cause of action of a person aggrieved in a pollution situation.

Nuisance is classified as nuisance per se and nuisance per accidens. An example of a nuisance per se (by itself) is a
prostitution den. By its very nature, this house is shocking to the morals of common persons and violates basic standards of
decency.

On the other hand, a nuisance per accidens is not offensive in and of itself. However, because of its location or surrounding
circumstances, it becomes a nuisance. A pigpen is not a nuisance if it is located far away from neighbors. But a pigpen in a
residential or commercial area or on the shoreline of a beautiful beach is a nuisance because of its location. A structure built
on the sidewalk of a street or in middle of a river is a nuisance because it obstructs the free passage of a public highway or the
free flow of the water in the waterway.

A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the
annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing
definition.Civil Code, Article 695

The pigpen located in a commercial area is a public nuisance because it affects and offends the senses of a considerable
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number of people. So also are vendors stalls located on sidewalks that obstruct the free flow of pedestrian traffic.

A private nuisance is one that affects only a small group of people. A pigpen that is built right next to the window of a per sons
bedroom is a private nuisance that affects only the person who smells it day and night. Another example of a private nuisance
is the loud and late-night singing of a person that offends an immediate neighbor.

2) Liability carry-over
Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former
owner or possessor is liable therefore in the same manner as the one who created it. Civil Code, Article 696

For simplicity, we will call this rule the principle of last touch. Even if a person did not cause the pollution emanating from his
property, he can be held liable by this provision of the law so long as he had the last touch. The successive owner is liable
only if he has been informed of the existence of the nuisance or has actual knowledge of it and does nothing to abate or
control it. The successive owner can claim reimbursement and damages from the previous owner who caused the pollution, if
he can still be found. Before buying a real estate property, especially if it was once an industrial area, it is important to conduct
a basic environmental due diligence study. Failure to undertake such a study is tantamount to negligence.

One of the festering environmental issues in the Philippines is the question of liability on the part of the US Government for the
toxic waste it left behind in Clark Air Base. It appears that there is serious groundwater contamination in this military
installation, resulting in suspected deformities and cancer-producing ailments among the children and residents of the
surrounding community. Although this is a perfect example of a public nuisance, it does not lend itself too easily to legal
solutions. The person or entity that caused the groundwater contamination is a sovereign country, and a powerful one at that.
The legal and practical difficulties of private individuals suing the US Government for damages in a local court of law using
local law is, to say the least, quite difficult.

What if a suit is brought against the Philippine government for the abatement of nuisance, i.e., for the clean-up of the
contaminated soil and groundwater, and for damages? The principle of last touch can be used as the legal basis. The
present owner of the property is the Philippine Government, through the Bases Conversion Development Authority (BCDA) or
the Clark Development Corporation, a government-owned corporation. As such, it is duty-bound to abate this nuisance. Other
legal provisions may also be used, such as the Environment Codes provisions on water clean-up and upgrading.

The legal and the practical worlds are, however, quite different, and are divided by the yawning chasm of political will. While
the legal recourse may be quite clear, the practical remedy is not that clear. Would the Philippine government spend billions of
pesos to clean up the contaminated land and water resources left by the former occupants? And even if a group of individuals
were to have a judgment from the Supreme Court ruling that the Philippine government is liable for the clean-up of these
resources, how can it be enforced?

Let us assume that we had a government that is sympathetic and is willing to spend the necessary amount of money to direct
the clean-up effort. Certainly, between an individual and a Government, the latter enjoys greater chances of success if it were
to claim for reimbursement from the US government. The avenues of political diplomacy available to governments are not
available to individuals.

What if the US Government refuses to reimburse the Philippine government? Assuming the Philippine government files a case
in the International Court of Justice, and assuming the US Government agrees to submit to its jurisdiction, what Environmental
Law principle can the Philippine government use? Can the US government escape liability on the ground that it gave monetary
aid to the Philippines while it occupied those bases?

The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence.
Civil Code, Article 697

Lapse of time cannot legalize any nuisance, whether public or private. Civil Code, Article 698

The remedies available in the case of a nuisance are criminal prosecution for violation of local or national law, civil action for
abatement of nuisance, and extra-judicial abatement.

Since the issue of nuisance is usually a health issue, the government official made principally responsible for its abatement is
the municipal, city or district health officer. If the public nuisance is not necessarily a health issue but an issue of general
welfare, it is the Mayor who has the duty to initiate the action.

What if the health officer or the Mayor fails or refuses to take action? A citizen can take the government to court to compel him
to perform the act required by law.

A private person is also authorized to abate a nuisance by bringing a civil action himself or
by conducting private abatement operations under certain conditions against the nuisance.

Cause and effect
In the spectrum of human relations, there is, on the one side, the realm of contracts, where the parties agree on the
relationship between them. At the other end of the spectrum is the realm of crimes, where the intentions of one are forcibly
imposed upon another. In between is the zone of unintended relations, a situation where there is no contractual relation
between concerned parties, and the act that gives rise to an unintended relation does not constitute a crime. However, under
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certain circumstances resulting in damage to another person, one may be said to have acted with fault or negligence.

This is the realm known as quasi-delicts, like crimes.

Quasi-delicts cover all wrongful acts that neither constitute a breach of
contract nor are punishable as crimes. The concept is extensive enough to include any reasonable idea of liabi lity for acts that
result in damage and are likely to happen in a human society.

Fault or negligence, in Latin, is culpa. The fault arising from an act or omission committed in the performance of a contract
existing between the parties is known as culpa contractual (a fault in contractual obligations). An act or omission resulting in
damage in a situation where there is no pre-existing contract between the parties is called culpa aquiliana.

In the case of a culpa aquiliana, an employer may escape liability for the acts or omissions of his employee when the employer
can prove that he exercised due diligence in the selection and supervision of his employee. In the case of culpa contractual,
this defense is not available.

In holding someone liable for damages arising from quasi-delict, there are three important things to remember: 1) There is
damage or injury to the person claiming recovery; 2) The damage is imputable to the wrongdoer (the prospective defendant in
the civil action for damages); and 3) There is a direct relation of cause and effect between the act or omission and the resulting
damage. These concepts are important when seeking to attribute liability to industrial establishments accused of pollution.

Under the general principles of law, a case for damages can be filed only when the person bringing the case has the legal
personality or legal standing to sue. This means that the person bringing the case must be affected by the action
complained of, directly or indirectly.

The second and third requirements of a quasi-delict may be summarized as the damage suffered by one must be the result of
the act or omission of another. In other words, there must be established a definite connection of cause and effect between
the act or omission of a person on the one hand and, on the other, the resulting damage to another person.

In the game of environmental litigation, this is where the role of science becomes indispensable. Say, for example, that a
group of fishermen seeks to hold a factory liable for the spill of toxic waste into their fishing ground which resulted in a massive
fish kill and deprived them of their livelihood. It would be necessary for the fishermen to establish that the toxic substances
were present in the fish at levels that could, or did, cause their death; that the toxic substances were part of the industrial
discharges of the manufacturing process of the factory being sued; and the toxic substances were released as a result of the
fault or negligence of the factorys manager, supervisor or employee.

The essence of the legal basis is the causative connection. The plaintiffs in a pollution case must prove that there is a
definite connection between the cause (an act of a person or an establishment) and the effect (the resulting damage to
others). On the part of the factory owner, the defense of due diligence is available. The employer/owner may prove that he
exercised due diligence in the selection of the company manager. He can further prove that he was also diligent in the proper
exercise of supervision over the employees actions and day-to-day work.

There is a difference between the concept of liability arising from a quasi-delict based on fault or negligence as provided in the
Civil Code and, the concept of strict liability as provided by some environmental laws. In the latter, there is no need to prove
fault or negligence. Where the damage is traceable to the act of the defendant, the plaintiff need not prove fault or negligence.
Neither can the factory owner raise the defense of due diligence in the selection and supervision of their employees.

Where the circumstances attending the damage or injury are of such a character that it justifies the presumption that there was
negligence on the part of the defendant and that this was the cause of the injury, the situation is such that it speaks for itself
the doctrine of res ipsa loquitur.

A bus bumped and injured a pedestrian. The pedestrian was walking on the sidewalk on the opposite side of the road, the
correct place where he had a right to be, while the offending bus was on the wrong side of the road. There was no warning
signal given by the bus that was running beyond the speed limit, its driver being under the influence of liquor.

Here the circumstances indicating the presence of negligence are so obvious that they speak for themselves. In this
situation, the burden of proof is shifted to the defendant: He must now prove that he was not negligent.

In an Environmental law example, where there is only one piggery upstream and the river is polluted with pig dung, the dung
speaks for itself. There is only one source of the pollution.

The amount of evidence required under a civil action is less than that required in a criminal case. An aggrieved party that
brings a civil action for damages arising from negligence cannot recover the same in a criminal action where damages are
sought as an additional relief for the act of the accused committed with reckless imprudence or gross negligence.

In cases where the victim committed negligent acts that were contributory in character, he could still recover damages, but t he
court will reduce the amount of the damages.

Parents, guardians, owners of establishments, teachers and employers are generally responsible for the acts of the persons
under their care. Available to them as a defense is that they exercised the diligence of a good father of a family (bonos
33
paterfamilias) to prevent the damage.

When a horse escapes from its corral and eats the growing corn of a neighbors farm, the owner of the horse is liable for the
damage done. It is the responsibility of the person who maintains the animal to keep it safe and secure. Of course, when the
escape of the animal is occasioned by force majeure

such as when an earthquake strikes and destroys the fence of the corral,
the owner is not liable.

Liability for the spillage of toxic wastes when being transported in a motor vehicle may be grounded in Articles 2184,

2185

or
2186 of the Civil Code, depending on whether or not the owner was in the vehicle at the time of the mishap.

Proprietors are
responsible for the damage caused by their establishments, as a result of, for example, excessive and harmful smoke (a.k.a.
pollution), explosions, and toxic and hazardous waste releases or emissions.

The manufacturer or processor is liable for any
hazardous substance he places into the product sold to the public for consumption and ingestion. Thus, where the liquid
content of a bottle of soft drink contains chips of broken glass that are ingested by the consumer, the soft drink manufacturer is
liable for the injury caused.
106

A test case involving cigarette manufacturers was filed in a Philippine trial court. The legal case was to close down a cigarette
factory, claiming that the factory was a nuisance. Can the cigarette manufacturers liability be absolved on the defense that it
posted a warning notice on the cigarette packs that smoking is hazardous to ones health? Could the manufacturer claim that it
was the responsibility of the buyer to be aware of the health hazards of the product (caveat emptor) and having ingested it
knowingly, the buyer bears the risk?

Paying damages for injuring nature
Damages are defined as the monetary

compensation for the satisfaction of an injury sustained. These represent the economic
consequences that the law imposes for the breach of some duty or violation of some right. The word damages is technically
different from the word injury. Injury refers to a wrongful act that causes loss or harm to another; while damages refers to
the sum of money that may be recovered as amends for the wrongful act. In essence, injury is the act, while damages is
the result of the act.

How is this relevant to the field of Environmental Law? It can be said that injury is what we have inflicted on the natural
environment; damages is what we will have to pay in the next two to three centuries in order to restore, if still possible, the
injured natural systems.

In many cases of environmental injury, however, the resulting harm is irreversible and virtually irreparable. An extinct species
is gone forever. When the surface of the earth is paved over with concrete, its porosity disappears and is gone forever. After
we remove the mineral deposits and use them to build cars, appliances, and other metallic things, there is no way we can
restore into the earth the base metal earlier extracted.

In some cases, the ecological system may still be restored. However, in its natural pace, it would take a very long time.
Surface water pollution is relatively the easiest to remedy. The total stoppage of the source of pollution will, in a relatively short
time, begin to restore the quality of water to one capable of sustaining life.

When a forest, especially a tropical rain forest, is denuded and converted to agricultural use, almost all of its biological
diversity disappears. If, however, only some of the trees are cut and the saplings and underbrush are left behind, in time it will
grow back to a closed canopy state.

Coral reefs are another story altogether. If left undisturbed, damaged coral reefs will take anywhere between 20 and 50 years,
in some cases 100 years. On the other hand, for the marine life to be restored, closing off an area and transforming it into a
fish or marine sanctuary even for a year or two almost immediately restores the abundance of its aquatic resources. In turn,
this accelerates the growth of corals.

There are four classifications of damages. Actual damages refer to the cost necessary to replace the loss resulting from the
injury inflicted and damage caused, estimated in monetary value. For example, chargeable as actual expenses in a physical
injury case are the medical and hospitalization costs, doctors fees, and incidental expenses such as transportation,
subsistence, accommodation and communications. In other words, all the natural and probable consequences of the wrongful
injury, including benefits that could have been earned, are the proper standards of measure for the damages due.

The words those which could have been earned also refer to the opportunity loss. Thus, what a person could have earned
over the remaining years of his lifethe foregone income and the benefit it could have given to the members of his family
are proper items to recover as opportunity losses arising from the persons untimely death.

This is useful to know in the case of severe air pollution, where a great number of people suffer from respiratory ailments, or in
cases of water pollution where people suffer digestive disorders. In cases where numerous people are affected, the costs are
multiplied.

In the pre-litigation preparation for the cost estimates of actual damages, it is always good to ensure that all the expenses are
accounted for. One way to do this is to keep a notebook and just paste all the expense vouchers and receipts in its pages. The
figures are easier to add up. To replace ecosystems damaged by acts of pollution or extraction, the emerging science of
environmental accounting comes in very handy in helping determine the rehabilitation and/or replacement cost.
34

Exemplary damages are also called corrective or punitive damages. This form of penalty is meant to provide an example to
the public that the behavior committed, which resulted in injury and damage to a person, is to be discouraged. It is correcti ve
or punitive in the sense that it is meant to punish and correct the behavior of the person who committed the wrong. To be able
to secure corrective or exemplary damages, it is necessary to prove that the guilty party acted with such malice, bad faith,
recklessness, or oppression, that it must be punished and corrected. It must also be made an example so that others similarly
inclined may not follow the same pattern of behavior.

Moral damages refer to compensation for the human feelings of physical suffering, emotional and mental pain, anxiety, moral
outrage, shock, humiliation, wounded feelings, and besmirched reputation experienced by persons aggrieved by an injury. By
their very nature, they are not capable of monetary estimation. However, since there is no other way by which a person can
be compensated and made somewhat whole again, the indemnification is estimated in monetary terms.

Moral damages are not intended as a form of penalty against the wrongdoer, nor is it meant to enrich the victim. Rather, it i s
meant to enable the injured person to obtain the means, diversion, or amusement that may serve to alleviate or lessen the
physical and psychological suffering experienced as a result of the injury. Note that even sentimental value may be taken
into account in the computation of moral damages in the loss of a thing.

Attorneys fees and litigation costs refer to the financial burden of having to bring a case before a Court of Justice to redress a
wrong. The general rule appears to be that these are not recoverable.

In certain instances, however, reasonable attorneys
fees and litigation costs may be recovered, such as when exemplary damages are awarded; in criminal cases, for malicious
prosecution; in cases of clearly unfounded civil actions; when there is gross and evident bad faith in refusing to satisfy a valid
claim, and in cases for legal support. These may also be recovered in civil actions arising from crimes, for recovery of wages
and workmens compensation, where the acts of the wrongdoer (defendant) forced the victim (plaintiff) to sue in court; and
where the court deems it proper.

This enumeration is an interesting example of a law that provides so many exceptions, and is worded in such encompassing
language, that the exceptions almost become the general rule.

In a pollution case where the polluter acts with deliberate malice in defying an official order to stop the pollution, attorneys fees
and litigation costs may be recovered. Examples of malicious conduct would be when an establishment dumps its wastewater
at night, or when it constructs a by-pass pipe around the treatment facility.

A strategy for defense
A word of caution to environmental advocates and enforcers: Moral damages are recoverable in cases of libel and defamation.
This is especially important for environmental advocates who find themselves at the receiving end of counter-charges, usually
baseless, but which are intended to have a chilling effect on the work of the advocate. The entity that initiates the counter-
charges usually seeks millions of pesos worth of damages, enough to douse the enthusiasm of an advocate and force him to
back down.

Environmental enforcement operatives are vulnerable to claims for moral damages on accusations of illegal arrest, arbitrary
detention, illegal search and seizures, and other charges.

Enforcement operatives must thus exercise proper care in the
preparation of legal documents,

arms, equipment, and personnel complement, time and motion estimates, as well as ingress
and egress procedures.

Another important aspect often forgotten by operatives is what to do after the arrest is made. It is
important to prepare a checklist of the necessary documents needed to file a case sufficient to conduct a preliminary
investigation. One can even facilitate this further by preparing sample affidavit/sworn statements to reduce the task of
preparing one into a fill-in-the-blank exercise.

Enforcers need not be discouraged when a harassment suit is filed. Such charges as illegal or arbitrary arrest and detention,
illegal search, violation of human rights, and suing for multi-million peso damage suits are commonplace cases filed against
enforcement operatives.

Remember that the best defense is offense. Also, if the operatives have carefully planned and
executed the operation, defending against harassment suits becomes much easier, especially if there are sufficient
documentary or photographic pieces of evidence.

A determined advocate may take note of a few lessons in the game of advocacy:

Be careful with public utterancesThere must be at least some amount of proof to back up claims made. Also, the allegations
must be made in good faith and in response to a moral, legal, or social duty of a concerned citizen who is after the welfare of
the natural environment.

Turn the tablesThe road between the allegation and proof is also known as the long and winding road of due process. Many
things can happen along the way, not the least of which is being able to turn the tables on the harassing plaintiff.

Counter-attackWhen a client is hit with a harassment suit, an effective environmental advocate must move away from the
defensive mode and shift to offensive and aggressive gear. To do this, the advocate must open as many fronts as possible,
and then challenge the accuser on all fronts. This can keep the accuser off-balance, after which he is likely to trip and fall.

The provisions on human relations in the Civil Code were formulated as basic principles for bringing about the rightful
35
relationships between individuals for the stability of the social order.

The provisions are broad, as they must be, for they are
meant to be catch-all principles for human behavior. They must be broad enough because they must encompass a wide
variety of relationships, with good faith as the only touchstone and conscience as the only guiding light.

Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due,
and observe honesty and good faith.Civil Code, Article 19

A right carries with it a corresponding responsibility. While everyone is possessed with a right, its exercise must be
accompanied with good faith, good manners, and right conduct. In other words, the conduct must not be contrary to good
behavior (contra bonos mores).

For example, while a person has a right to fence off his property, he cannot put up a fence so
high as to obstruct the view of his neighbor of a nearby sea.

Nor can he put up a high wall on his lot depriving his neighbor of
sunlight. Indeed, the strength of a right fades in the face of the wrongful manner by which it is exercised. It vanishes
altogether when it is abused.

Every person who, contrary to law, willfully or negligently causes damage to another shall indemnify the latter for the same.
Civil Code, Article 20

This covers acts that are contrary to law, or illegal acts. This liability for damages attaches to every criminal act. It also
covers acts resulting in damage caused by negligence.

Any person who willfully causes loss or injury to another in any manner that is contrary to morals, good customs, or public
policy shall compensate the latter for the damage.Civil Code, Article 21

This provision covers acts that, although not strictly illegal or contrary to law, are contrary to morals, good customs, and public
policy. But would not this article blur the boundary between morality and law? The answer is that, in the last analysis, every
good law draws its breath of life from morals, from those principles that are written with words of fire in the conscience of man.
Thus, Article 21 covers an entire spectrum of wrongful conduct that would otherwise escape the talons of the law.

Mr. Andres digs a well and installs a powerful pump on his property. The pump sucks up most of the water in the water table
and deprives the neighboring areas of water.

The situation is even more aggravated where the water being taken is just being
thrown away and wasted by Mr. Andres. Although law does not specifically prohibit the act, under the principle of law
articulated above, it is nevertheless obviously morally wrongful.

In a true-to-life legal case, the court awarded moral damages to the complainants whose right to the water was violated. In this
case, a person pumped out water and dried up the well of the complainants depriving them of irrigation water for thei r
farmlands. It was discovered that this was purposely and maliciously done in order to make the complainants run out of water
and make them vacate their landholdings.

Every person who through an act or performance by another, or any other means, acquires or comes into possession of
something at the expense of the latter without just or legal ground, shall return the same to him. Civil Code, Article 22

This is also known as the principle of unjust enrichment, the act of unduly benefiting, or of being unjustly enriched, at the
expense of another. An interesting example happened in the early 1980s. A legal case erupted in the headlines when a
couple was supposed to receive the amount of only $1,000. Through a mistake of the US banks functionary, a few more zeros
were added, such that the $1,000 became the princely sum of $ 1 million.

Even when an act or event causing damage to anothers property was not due to the fault or negligence of the defendant, the
latter shall be liable for indemnity if through the act or event he was benefited.Civil Code, Art 23

The couple refused to return the money and was sued by the US bank for recovery of the sum of money, fraud, and the like.
One of the causes of action for damages was precisely for unjust enrichment.

In Environmental Law, consider the possibility of using this principle against a logging, mining, or industrial enterprise that
wantonly violates environmental laws and regulations. To the extent that it did not spend for the environmental measures, thus
saving on operating costs, it is enriched, unjustly and at the expense of others. The others are those who have become
victims of a landslide due to denuded forests, the fisherfolk whose catch was reduced by the pollution, the neighboring
community that had to breathe the foul air, or even society at large, whose resources were depleted as a consequence of
environmentally-unsound business practices.

In all contractual, property, or other relations, when one of the parties is at a disadvantage on account of his moral
dependence, ignorance, indigence, mental weakness, tender age, or other handicap, the courts must be vigilant for his
protection.Civil Code, Article 24

This provision expresses in legal language what a popular Philippine president in the 1950s supposedly said in more simple
terms: Those who have less in life must have more in law. In an ideal world, the powerless must be given the necessary
support to stand on equal ground with the powerful, in order that the scales of justice be made to balance, and the relationship
between men be made fair and just.

36
Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be
stopped by order of the courts at the instance of any government or private charitable institution.Civil Code, Art. 25

In case of severe drought, for example, a rich man filling up his swimming pool or carelessly watering the fairways of his golf
course with fresh water would be an appropriate example of thoughtless extravagance (in times) of acute public want.

When the rich indulge in thoughtless extravagance or display during a period of acute public want or emergency, they may
unknowingly kindle the flame of unrest in the hearts of the poor. The poor who, looking at their wretched condition become too
keenly aware of their poverty, and who, with anger in their hearts, may dare to rise against the obvious inequality. Such display
of pomp and frivolity tends to demoralize the suffering masses and weaken the very fabric of the social group.

Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to
perform his official duty may file an action for damages and other relief against the latter, without prej udice to any disciplinary
administrative action that may be taken.Civil Code, Article 27

In addition to the administrative and criminal actions one may have against public officials under the strict Code of Conduct of
Public Officials and the Anti-Graft and Corrupt Practices Law, the above-quoted provision of the Civil Code is also available as
a civil action. It may be linked to another provision in the Civil Code, which states that a public officer who violates the basic
rights of a citizen can be held liable for civil damages.

A right to limited use
In law, an easement is a right given to a person, or to the public, to make limited use of a piece of land. On the side of the
owner of the land, it represents an imposition and a limitation on his use of private property. Thus, there is such a thing as an
easement of a right of way. This relates to the use of private property to allow another person to use a roadway as an exit t o
the highway or a major thoroughfare.

Easement of right of way is the most common type. This type of easement gives certain people the right to cross anothers
property in order to obtain access to a public highway or main thoroughfare. Note, however, that while there is a right of way to
a public highway, there is no right of way to the sea or to a body of water such as a lake or river.

The easement that runs along the banks of rivers and along the seashore is known as easements relating to water. This type
of easement limits use of the land along the shore. Thus, even if a parcel of land that adjoins the riverbank or seashore is
private property, its owner cannot use for his own purposes that parcel of land along the riverbank or seashore. There is an
easement in this margin of land along water bodies that is created by law for the benefit of the public. This is known as the
easement zone for recreation and navigation.

The Water Code of the Philippines provides that the margin of land along riverbanks and seashores that must be reserved as
the easement zone for recreation and navigation, must be three meters in urban areas, 20 meters in agricultural areas, and 40
meters in forest areas.

Light and view are so important to a good quality of life that even the law provides that there be a space provided between
buildings. This is known as the easement of light and view.

This right may be exercised by putting openings in ones walls. An
easement of view includes the right to bar the owner of a neighboring property from blocking ones view.

The importance of natural sunlight cannot be over-emphasized. It is notable that in Scandinavian countries, for example,
where there is very little sunlight during winter, cases of depression are reportedly high. On the other hand, people in the
tropics where sunlight is abundant are generally cheerful and smiling..

The easement of falling waters and drainage refers to waters falling onto ones lot or house. If there is no outlet for excess
waters falling into the street, sewer, or other waterways, the excess waters will unduly accumulate in a stagnant pool and
breed mosquitoes and other carriers of diseases. This is the reason behind the legal requirement to provide drainage in
buildings. As in any easement, the way of the waters egress must be via a route where the water will flow in the easiest
manner and with the least damage to the servient estate.

The law states that no tree can be planted closer than two meters (200 centimeters) from the property line of the adjacent
property. For shrubs and small trees, the distance is 50 centimeters from the property line. In case it is planted closer than
these distances, the adjacent property owner may demand that the tree or shrub be uprooted or cut.

This also applies to
spontaneously growing trees. The reason behind the law is that if the plant or tree is too close, its extensive root system may
penetrate the adjoining lot and damage structures that are erected there. Similarly, the intrusion of branches into the adjoining
airspace is also a violation of the right of the adjoining owner to his property.

If the roots of a tree creep into and invade adjoining land, its owner may immediately cut them. If only the branches extend to
the adjacent lot, he may demand that these overhanging branches be cut. If the tree owner fails to do so, the complaining
party may cut the tree himself.

Fruits naturally falling on the lot of another as a result of over-hanging branches belong to that adjoining lot owner. This may
be some form of compensation to the adjoining lot owner for allowing the branches of the tree to invade the airspace of his
property. Note, however, the operative word is naturally falling, thereby precluding the adjoining lot owner from helping
37
himself to the fruits from the overhanging branches.

Every building or piece of land is subject to easement against nuisance for the public welfare. Following the general principle
that one may not use ones property in a manner that will injure others, a legal easement (or limitation) is placed on every
piece of property. This, in effect, states that the property shall not be used to commit nuisance through the emission of noise,
jarring sounds, offensive odor, smoke, heat, dust, water, glare, and similar nuisances.

CHAPTER 4
LAND

Sub: Stewardship of land and all it brings is mans paramount responsibilityand that means caring for all that lives on it, all
that grows on it, and all the minerals and energy that are born of it
PART I: A Web of Interdependence

Sub: Man is just one part of the community that makes up the land, and he must develop it in a way that will sustain all life

LAND is the solid ground of earth upon which all terrestrial animals live. It makes up only 29% of the Earths surface, of which
only about 11 % is generally habitable.

The most agreeable place to live lies in what is known as the tropical zone, where tides and the winds converge and there is
an abundance of warmth, sunlight and moisture.

The little land that is available to us is not merely soil, dirt or the ground we walk on. It is, in fact, a fountain of energy through
which life flows. Consider the energy that flows from the sun and is captured by plants, transferred to the animals and then, in
the decay of death, absorbed by the land as its base. From thence, with rainfall and more sunshine, plant life grows again, and
once again energy travels upward to the animal-life forms. So goes the cycle of life, like an unbroken circuit of energy.

Precisely because it is the base of all living matter, the soil then must be kept in a condition that is stable, nutrient-rich and life-
giving. While there may be some soil that is naturally lost through downhill wash, the volume is normally minimal and is offset
by the decay of rocks, dead plants and animals. In small quantities, the soil washed downstream into the sea even nourishes
aquatic animals and plants. In small quantities, the fine and nutrient-rich silt from the uplands is needed by mangroves, sea
grasses and even coral reefs.

The native Indians of America had a saying: Man is not the weaver, only a strand, in the web of life. Humans are part of that
intricate web, a community of parts that make up a whole living earth. We are not the suppliers of natural resources, but only
users of that community of soil, waters, plants and animals collectively known as land.

The sense of good manners and right conduct towards the land is what may be called the land ethic. It presupposes the
existence of a conscience, a sense of right or wrong. This sense is present not only in our relations with fellow human beings,
but with other members of the community of nature the soil, the waters, the plants and other animals. The land ethic also
presumes that, having understood the role of human beings in this community, we take on the responsibility to ensure that thi s
community of life is kept healthy, and its capacity to renew itself kept intact.

Conservation is nothing more than thisthe effort to understand and preserve this capacity for self-renewal. However, this
consciousness is not based in purely altruistic motives. There is a very clear motivation of enlightened self-interest. It is also in
accordance with the basic instinct of self-preservation. We now understand that unless we have water, soil, plants and other
animals, that web of life is damaged, and with it goes the capacity to sustain human life.

Ownership and responsibility
Ownership is defined as the characteristic of a thing to be possessed by or to completely belong to a person. It is a distinctly
human phenomenon. The closest thing comparable to it in the animal kingdom is the territorial imperative of some animals
(e.g. a crocodile for its lair, a crab for its hole, and the bird, its perch). But unlike men, animals do not seek to claim permanent
ownership. By their instinct, they probably know that their occupation of that lair, that hole or that perch is, at best, fleeting.

Let us look at the origins in law of our claims to ownership. In Roman law, the following are so-called rights of ownership.
They are 1) jus posenendithe right to possess; 2) jus utendithe right to use; 3) jus fruendithe right to the fruits; 4) jus
disponendithe right to dispose; and 5) jus abutendithe right to destroy.

As far as our relationship to land is concerned, we really only have the first three rights: to possess it, to use it and to benefit
from the fruits. The right to dispose of the land is essentially only to the right to transfer possession and the rights to its use
and its fruits.

On the other hand, the right to destroy is an absolute and total fallacy. The late Cordillera chieftain Macli-ing Dulag was correct
when he said that we cannot own nor destroy that which will outlive us. Even if we killed off all the plants and animals in a
patch of land, even if we dumped it with toxic wastes, we would succeed only in removing the substance that makes life
possible. Certainly, we would never be able to destroy land. After we succeed in depriving ourselves of the life-supporting
38
parts of the community, we would soon die and our bodies would decay and be returned to the earth to fertilize it. And the land
will continue to live for many more years, long after we are nothing but dust floating in the wind.

In sum, therefore, land ownership is nothing more than another legal fiction. In reality, what we call ownership actually refers
only to the right to temporarily possess the land for a brief period, a period that may span our lifetimes and that of our heirs.

The right of ownership necessarily means that our temporary possession carries with it the corresponding responsibility to
use the land in a manner that will advance its capacity to sustain life. As a privilege resulting from our caring for the land, we
can gather the fruits of that which we planted, or which naturally grew from the land. Bearing this in mind, let us proceed to
discuss the wondrous things that the land contains and that are necessary to sustain the circuit and cycle of life.

PART II: Ecosystems and Species

Sub: The sheer diversity of creatures living on the Earth is what keeps this planet alive, but conservation must become a
priority if it is to stay that way

ON A thin layer on the surface of the Earth, there exists life. The existence of this life is the key difference between our Earth
and the rest of the heavenly bodies. In almost every place on earth we see different forms of life. Why is this so? What kinds of
life forms are there? What is their purpose? How do they relate to one another and why are they important to us?

Biosphere refers to that layer of living things on the surface of this planet called the Earth. Bio means organic or living matter,
and sphere is a three-dimensional round surface. It is made up of three parts: the lithosphere, the atmosphere and the
hydrosphere. In more common language, that means land, air and water.

The biosphere contains living things of great variety, complexity, and number that collectively make up our Earths biological
diversity, or biodiversity for short.

There are three levels of biodiversity. Genetic diversity is the sum total of the genetic information contained in the genes of
individual inhabitants of the Earth. It is what makes you different from your brother and your mother, and why there are
different kinds of dogs, cattle and horses. In like manner, while there is only one species of Homo sapiens sapiens, there are
different varieties of men and womenthe Caucasoid (white), Mongols (yellow, Asiatic), Negroid (black), and Malay (brown).

Species diversity refers to the variety of living organisms on Earth, which is estimated at between five and 50 million species,
of which only about 1.4 million have been identified. In other words, there are many, many different kinds of trees, insects,
birds and flowers that we do not even know about.

Ecosystem diversity refers to the diversity of communities of living organisms. A variety of life communities or ecosystems,
habitats, biotic

communities and ecological processes are found in the biosphere. In each of these living communities is
contained a tremendous diversity of life within ecosystems

Being anthropocentric creatures, we humans like to look at things in relation to their value to us. The value of biodiversity is
evident in our food supply. Roughly 1/3 of all known plant species produce edible fruits, tubers, nuts, seeds, leaves, roots or
stems. For all of 90% of history, when people lived as hunter-gatherers, most cultures have known of several hundred edible
plant species that could provide sustenance
.
Even today, in many places, a wide variety of wild foods form part of mans diet,
especially during seasons of food scarcity. In Niger, Tuareg women regularly harvest desert panic-grass and shama millet. In
Thailand, wild foods gathered from forests make up half of all food eaten by villagers during the rainy season. During stormy
months in the fishing town of Sta. Fe in Bantayan Island of the Philippines, people still gather root crops (locally called timsil)
from a local wetland.

The medicinal importance of biodiversity is even more significant to humans. Half of the medical prescriptions in the world
have their origins in wild plants. Aspirin, for example, comes from a compound originally isolated from European willow trees
and meadow herbs.

The World Health Organization (WHO) estimates that the 3.5 billion people in developing countries, more
than half of the worlds population, rely on plant-based medicine for their primary health care.

Traditional healers in South Asia and Southeast Asia use between 1,800 to 2,000 different plant species in treatments, and are
regularly consulted by 800 million to 1 billion people for their medical needs. In China, where medicinal plant use goes back
some 4,000 years, healers employ at least 5,000 species of plants. Traditional medicine is particularly important for the poor
and rural residents who cannot afford prescription drugs.

In the Philippines, a national law has in fact, institutionalized
traditional and alternative medicine.

The word ecosystem refers to the community of plants and animals surviving self-sufficiently, interdependent on each and
every part of the community but functioning as a single unit. A forest is an ecosystem. It is composed of a multitude of plants
and animals interacting with and dependent on one another. So also are coral reefs. The crabs, shrimps, crustaceans, and fish
that live in the corals, or are supported by them, all interact with one another to form a basic functioning unit in the mari ne
environment. In fact, even a single tree and all the life forms it supports (insects, birds, butterflies and worms) are a mini-
ecosystem.

Left to itself, an ecosystem is able to achieve that balance of nature where animals and plants interacting with the natural
39
elements are able to support all the life forms that live in it. If the ecosystem is disrupted, the ecological services provided by
natureregulating the water flow, protecting the watershed, stabilizing soil and climate, preserving nurseries and breeding
grounds, and keeping the system in working orderare also disturbed and interrupted. If the scale of disruption is greater than
the capacity of the ecosystem to absorb the change, these ecological services are dangerously reduced, and the ecosystem
ultimately ceases to function as a living unit.

Vanishing species
The study of life is known as biology. One of the terms frequently met in biology is the word species. It refers to animals or
plants capable of breeding among themselves, and thus propagating and perpetuating their own kind.

Every species is represented in binomial nomenclature, known by two names. The first name shows the genus (general
classification) of the plant or animal (its initial letter is capitalized), followed by a Latin adjective or noun. Thus, man is called
Homo sapiens, a species of animal coming from the genus of hominids (the family of primates). The second word is a
description of the species. In the case of humans, the word used to describe our kind of species is the word sapiens, or wise
(or so we claim to be

Belonging to a species means being able to interbreed with ones own kind. Humans of different genetic diversity belonging to
the species Homo sapiens are capable of interbreeding. A Negroid is capable of interbreeding with a Caucasoid, thereby
producing a mulatto. An Asian of the Mongolian race is capable of breeding with a European of the Caucasoid race, producing
a Eurasian. But a horse cannot breed with humans, nor can horses breed with cows. Their genetic compositions are different
and incompatible.

In the case of plants, reproduction is done through the system of pollination, flowering and seeding. A narra tree,

for example,
propagates only narra trees, mango tree bears only mango fruits and seeds.

In the same way a Caucasian can breed with an
Asian, thereby producing a hybrid variety of man, so also can a plant be manipulated to produce a hybrid.

The biological diversity found on Earth is the product of three billion years of evolution. Decline in the population of some
species, and even outright extinction, has always been a natural part of the evolutionary process.

The few million species that
exist today are survivors of an estimated half-billion that once populated the Earth.

The best estimates reveal that in the past,
an average of one to three species become extinct every year.

In contrast, estimates of the current rate of extinction reveal that every year, about 27,000 to 50,000 species of plants and
animals are being lost forever. What is even more worrisome is that, while almost all past extinctions have resulted from the
natural process of evolution, the extinctions occurring today are overwhelmingly caused by human activities on a scale
unparalleled in the history of life. Like the dinosaurs 65 million years ago, humanity now finds itself amidst a global
evolutionary crisis. Unlike the dinosaurs, however, we are not simply possible victims of mass extinction. This time, we are its
cause and reason.

In the animal world, vertebrates (animals with a skeleton and spinal column) are a good barometer of the health of the animal
population. Two-thirds of the population of an estimated 10,000 species of birds in the world is in decline, 11% officially listed
as threatened with extinction, and 4% is classified as endangered or critically endangered. Among countries with more than
200 species of native birds, the highest share of threatened speciesapproximately 15%is found in two archipelagos, New
Zealand and the Philippines.

The picture becomes even worse with mammals.

Half of the primate speciesmonkeys, apes and lemursare threatened
with extinction. Among insectivores (such as shrews and moles), 36% are in trouble. Among hoofed mammals (deer,
antelopes, pigs) the figure is 37%; among whales and porpoises, and dolphins (cetaceans), its 33%. Generally, one out of
every four mammals is in danger of extinction.

Amphibians and reptiles (crocodiles, turtles, snakes, frogs, and lizards) are not found in large numbers. There are about 6,300
documented species of reptiles and some 4,000 amphibians. One of every five documented reptiles is classified as
endangered or dangerously vulnerable.

Fish species are by far the most diverse group of vertebrates. There are about 24,000 of them formally described by scientists.
Of the 13,000 species of marine fish, 2,500 are found in Philippine seas. While only 10% of the fish species has been studied
for their conservation status, the news today is disturbing. It is estimated that roughly 1/3 of all fish species is already
threatened with extinction. Among freshwater fish, the estimate is even more astounding: six out of 10 of these species are
dying out, or almost extinct.

The causes of species and biodiversity loss are many. The more obvious ones are too much hunting (or harvesting) by more
and more people and too much habitat destruction. In short, the cause is simply excessive consumption by a single species of
animalhuman beings.

The first cause of species loss is over-harvesting. Nowhere is this more evident than in the abuse of the seas. The efficiency of
modern fishing methodscomplete with sonar, radar, fish-finders and super-efficient fishing gearhave all led to the decline
of the fish population. The increase in the fish catch in recent years is an illusion, a result of the efficiency of fishing methods,
forgetting altogether that fish have to breed, live and propagate. The decline is becoming evident in many places in the world
today where fish catch has dipped to such levels that the fisheries have had to be shut down. Compound this with the use of
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illegal fishing methods such as blast fishing and cyanide fishing, and you realize what is meant by the word abuse.

Abuse of land animals offers an even more senseless picture. Killing other animals for food to stay alive may be excusable.
But in some parts of Africa they still kill apes for food. Dogs, cats, frogs, lizards, snakes, and turtles are still being eaten. In
fact, in many Chinese restaurants, one can order chickens feet, goose liver and sharks fin soup.

The manner by which sharks fin is harvested is not altogether humane. Sharks are captured, their fins are sliced off before
they are thrown back into the sea to bleed to death or to be slowly eaten by other animals while alive. For a certain dish of
duck, the ducks feet are nailed to the ground and the duck made immobile and starved for several days to cleanse its innards.
Gustatory inclinations vary according to culture and differ only in the level of brutality inflicted on the animal to be eaten.
Buddhists and vegetarians may be correct in their belief that it is not good to kill other animals for food. Scientific studies show
that, after all, humans hardly need any protein from animal meat for strength and vitality.

While killing animals for food may be acceptable, killing for fancy is inexcusable. Some people believe that the penis and the
bones of tigers and the horns of rhinos have aphrodisiac qualities. These animals are hunted and killed, and their horns,
penises and bones removed and crushed into powder to be sold in some Asian stores. The skin of the slain tiger is used as an
ornamental rug, its head mounted on the wall and displayed as a monument to the supposed courage of the hunter. Until
recently, elephants were hunted for their tusks, which yield high quality ivory. They were removed and sold to ornamental
sculptors to be carved into small statues or piano keys. Small rodents and antelopes are also hunted, killed and skinned to
make into fur coats or scarves.

Then there is the indirect, but certainly more potent cause of species loss: alteration or degradation of the natural habitat .
When the vegetation of a forest ecosystem is removed, all the animals and the plants that support them are gone. If the land is
converted to agricultural use, all the biological diversity of that forest, all its flora and fauna, are lost in favor of a single crop of
rice or sugarcane.

Degradation of a habitat is best exemplified by the Gulf of Mexico in the United States and Manila Bay in the Philippines. The
agricultural run-off of fertilizers and pesticides from the Mississippi River basin is now so extensive that when the river enters
the Gulf of Mexico, it brings water that is so over-fertilized with nutrients it results in huge blooms of algae in the sea. This
bloom, in turn, creates such a demand for dissolved oxygen that it creates a dead zone of some 17,600 square kilometers
2 1/2 times larger than the island province of Cebu.

In the case of Manila Bay, fishermen attest that 90% of their catch is pure and simple garbageplastics, cans, foam, and the
other discarded flotsam and jetsam. While the standard for fecal coliform bacteria in water fit for swimming is pegged at 200
units, in the mid-1990s some parts of Manila Bays waters were found to contain almost one million units.

The concept of conservation
The concept of conservation is grounded in simple necessity and sentido comun.

Tomorrow we will still need air to breathe,
soil to grow food, plants to release oxygen, trees for paper and furniture. Tomorrow, we will still need fish to eat, water to drink,
and all the other raw materials that make our life possible or convenient. It follows then that we will need to control the use and
abuse of these raw materials today to ensure that something will be left behind. Only when we understand this can we begin to
systematically protect our resources. We must conserve life in all its forms not only as a matter of common sense, but because
of sheer necessity. We must realize that conservation is a multi-disciplinary study that involves the sciences of ecology,
biology, sociology, human psychology and incidentally, the discipline of law.

There is no longer any debate as to whether we should or should not conserve our natural resources for future use. Rather,
the debate now revolves around how conservation can be implemented in the national interest and within the means available
to each country.

Significant steps have been taken over the last three decades to conserve endangered species. Among these are efforts
geared towards the regulation of international trade in endangered species, the protection of wetlands of international
importance,

the protection of biodiversity,

and the designation of world heritage sites.

In the ASEAN region, there is a specific
Agreement on the Conservation of Nature and Natural Resources.

Also in the international arena, the United Nations and the World Bank have established a fund known as the Global
Environmental Facility (GEF) to support, among other things, the conservation of biodiversity.

The Philippines itself has its own laws and rules for the protection of certain species of animals (the Philippine eagle, tamaraw
and whale shark) and plants (wildflowers and certain kinds of trees), as well as laws for the protection of ecosystems of
national and international importance (national parks, marine parks, seascapes). The archipelagic province of Palawan, known
as the countrys last frontier of wilderness, is so important that it has been the subject of a special law.

Logging has been banned in the shrinking remnants of the countrys old-growth forests. The Philippines also passed a
landmark piece of legislation known as the National Integrated Protected Areas System (NIPAS), which provides the policy
framework and management structure of the land and sea-based areas subject to special protection because of their
biologically unique features.

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Finally, the world is awakening to the dangers of losing the strands in the web of life. Whether it is too late, or whether the
effort and the resources devoted will prove sufficient to conserve what remains and to rehabilitate the damage already
inflicted, remains to be seen. As far as the required legal framework is concerned, the laws are already in place. The greater
work that needs to be done is in the minds and hearts of the most reckless and frivolous of all animals.

PART III: Protected Areas

Sub: Learning to respect the boundaries of the countrys protected areas is key to protecting these natural and national
treasures

PROTECTING animal species is possible only if their living space or habitat is protected from the activities of human beings.
As early as 1932, the colonial administration of the United States passed an Act providing for the establishment of national
parks in the Philippines, declaring them as game refuge and bird sanctuaries. The hunting and taking of animals and plants
and the extraction of timber from these areas were strictly prohibited. Areas of the public domain that were of great natural
beauty or of scientific and historical significance were proclaimed national parks and were not allowed to be occupied. It was
legally decreed that these lands were to be kept in the hands of the public (represented by the State) and forever dedicated for
the benefit and enjoyment of the people at large. Subsequently, a section in the Revised Forestry Code of 1975 penalized
destructive acts of occupation, vandalism and removal of any species of vegetation or animal from the national parks.

In June 1992, the Philippine Congress passed a comprehensive piece of legislation known as the National Integrated
Protected Areas System (NIPAS), Republic Act 7586. This law articulated the overall policy toward protected areas, listed the
categories of protected areas and laid down the procedure for proclaiming protected areas.

While national parks once referred only to terrestrial zones (including mangrove areas and tidal flats), there was a belated
realization that our seas, the coral reefs and inland waters were also irreplaceable and priceless natural treasures. In 1988, an
area of 33,200 hectares was proclaimed as the countrys first marine park, the Tubbataha Reef National Marine Park. In
recognition of its international significance, the Tubbataha Reef was declared a World Heritage Site on 11 December 1993.

One of the significant provisions of the NIPAS law is the designation of remaining virgin or old growth forests in the country as
part of the protected areas system. A recent survey and boundary-marking effort of these forests indicates that the total forest
area is greater than originally estimated.

Being endowed with a multitude of flora and fauna, these remaining virgin forests are
the last repositories of the countrys amazing biodiversity.

To date, 2.7 million hectares of land and marine ecosystems measuring roughly 7.6% of the countrys land area are protected
areas. Although many of these areas are protected only on paper, there are certain perceptible policy changes, such as the
suspension of land titling proceedings, reversion of land titles issued in protected areas, controversies between the DENR and
concerned local government units in the zoning of lands located in the protected areas, and the creation of the Protected
Areas Management Board (PAMB). At the very least, these changes have resulted in an increased awareness of the existence
of national parks and protected areas.

However, political will must be gauged by the amount of resources devoted to the undertaking. In 1999, it was estimated that
the national parks administration for all protected areas in the count amounted to only some 27 centavos (about 1/2 of a US
cent) for every hectare. Nothing was allocated for the preparation of a management plan, for on-the-ground activities such as
for demarcation or delineation and other protection efforts.

In some localities, local government units have assumed the responsibility of protecting the seascapes and natural
monuments. In Sagay City in the province of Negros Occidental, the local government unit decided to commit substantial
resources to regularly patrol the seas, an area of more than 30,000 hectares now declared as a protected seascape. The
City of Puerto Princesa in the Province of Palawan has taken on the responsibility of protecting the unique St. Paul
Subterranean River, now known as the Puerto Princesa Subterranean Park. On the other hand, the local government of one
of the largest cities in the Philippines (Cebu City) was sued by a government agency for its unilateral passage of a zoning
ordinance declaring certain portions of a watershed a commercial area. Land tenure controversies are beginning to ripen in
cases where land titles were issued prior to the proclamation of the particular place as a national park or protected area. They
are also beginning to surface in situations where the lands located in the protected area have already been classified as
alienable and disposable (A & D) prior to the proclamation. The situation becomes even more topsy-turvy in areas where there
are mining operations or mineral reserves.

Respecting and protecting boundaries
Article 12, Section 4 of the Constitution provides that the boundaries of the countrys forests and national parks be clearly
demarcated on the ground. This is to properly identify the areas that need protection. The conventional way of doing this is to
lay short monuments (called mojon in the vernacular) that protrude above the surface of the land by approximately 15
centimeters. These markers are difficult to see and, over time, are covered with vegetation.

Of all the terrestrial national parks in the Philippines, only the urban park in Quezon Memorial Circle, the Ninoy Aquino Wildlife
Park in Quezon City, and the Rizal Park in the City of Manila are clearly marked on the ground and readily identifiable. The
boundaries of the others are hardly known, much less visible to the inexperienced eye.

The need for visible monumenting cannot be over-emphasized: people cannot protect something if they do not know what
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there is to protect. If the mojones

were constructed so that the protruding portion was bigger, they would serve as permanent
and visible monuments. More important, these markers would serve as a psychological fence for all to see and know that the
area enclosed is a protected area. This method of monumenting is specifically mandated in the NIPAS law. The law, in fact,
empowers the Secretary of the DENR to establish a uniform marker for the System, including an appropriate and distinctive
symbol for each category in the System.

The logistics of transporting these large marker monuments to remote areas may initially appear to be a challenge. However,
the challenge actually becomes an opportunity when one considers the many possibilities that can be explored. Air Force
helicopters can ferry the cement to areas inaccessible by land transportation. Bamboo, instead of cement markers, may be
used as the reinforcement bars of the boundary monuments. There is the possibility of engaging the services of the nearby
community dwellers to construct and to lay the monuments.

Tapping the services of the local communities to construct and lay the monuments would have the benefits of making them
keenly aware of the existence of the park within their area and of making them aware of the governments presence and
determination to protect the area. This would also engage them in the process of identifying and demarcating the area, thereby
creating in them a sense of ownership over the area, while subliminally educating the communities that within the boundaries
of that area is a special place of unique natural wealth. It would thereby give the community a sense of pride over their special
place of great natural beauty.

This exercise could then be supplemented by an interactive training-seminar on the physical and biological characteristics of
the protected area. While scientists may be well versed in the scientific names and characteristics of plants and animals, the
forest dweller knows of their practical or even medicinal uses. The forest dweller can also easily identify other life forms and
processes found in the area that may not even be known by the scientists.

This monumenting activity and the interactive educational exercise would be an excellent opportunity to prepare the forest
dwellers for possible low-impact income-generating eco-tourism activities and projects. For example, they could be deputized
as environment and natural resources officers or be gainfully employed as game wardens, guides, porters, jungle survival
trainers, or eco-teachers.

One of the difficulties faced by government personnel who undertake the survey and demarcation of the national parks is
obstruction by landowners who hold private titles to portions of the national park. This can be a potentially violent situati on and
can cause serious demoralization among the government personnel involved in the survey and demarcation exercise. When
the survey team goes to the field and is blocked from conducting the survey by armed men, the survey activities are brought to
a halt.

There are a few approaches that may be considered in resolving such a dispute. First, the government must have a clear and
defined land tenure policy for land claimed, titled, or previously declared alienable and disposable. Second, there should be a
preparation exercise in order to soften resistance. Before the survey and physical monumenting is actually conducted, a
reconnaissance of the land claimants within the area should be undertaken. A meeting could then be held between the
members of the government agency and the community to inform the claimants of the purpose of the survey and
monumenting exercise, and to clear the air of potential sources of conflict.

When made to understand and appreciate the need to undertake the survey and demarcation effort, most occupants would
readily accede. It would also be during this exercise that potentially stubborn claimants can be identified and then singled out
for the application of legal surgery. This would mean the filing of criminal cases for fraud in situations where the certificate
of title was secured after the area had been declared a national park; civil proceedings for reversion of the title to the State
and exemplary (punitive) damages; the prosecution of the officials who collaborated in the illegal land titling proceedings;
and the wide publication of the names and parties involved in the anomalous land registration.

In the actual survey, a team of special forces from the Police or the Army Scout Rangers may accompany the survey party.
Their sole purpose would be to provide the necessary security. The soldiers may even assist in the laying of the boundary
monuments.

The stubborn claimant can also expose himself to various other liabilities. If he touches, changes or removes the boundary, he
can be held liable for violation of the Protected Areas Law. This law provides that altering, removing, destroying or defaci ng
boundary marks or signs is an offense punishable by imprisonment of one to six years and a fine of P5,000 to P500,000, or
both. In the game of force and intimidation, he who uses greater force wins. The advantage of being in the right and being on
the side of Government is that naked force and power are clothed with the mantle of legitimacy known as the law. The
protected areas law actually directs the Department of Justice to designate a special team of prosecutors to handle cases
involving violations of the NIPAS law.

False ownership
One of the most problematic issues in protected areas management is that certain portions of land within the area either have
been issued a certificate of private title or previously declared alienable and disposable (A&D).

Then there is the situation
where there are lands of the public domain which, although not titled or declared A&D, are issued tax declarations by the city
or provincial tax assessor. Both situations create a tremendous problem in terms of planning and resource protection. Lands
already titled are considered owned by the title holder. This sense of ownership is understood to include the right to use the
property in any manner the owner pleases, including the cutting of trees and the removal of any form of vegetation, or paving
43
over the land with concrete.

Furthermore, the law says that claimants to land already declared A&D even before the area was proclaimed a national park
or protected area and who have been in possession of the land for 30 or more years may have his title confirmed by j udicial
or administrative proceedings. These situations are the more difficult ones since they involve rights that have supposedly
already ripened into full ownership.

What is even more prevalent is the situation where lands of the public domain, i.e., lands still classified as forest or timber
land, have been issued tax declarations by the local assessor in favor of numerous persons, many of whom are speculators
and absentee land owners. Law explicitly prohibits this situation. In fact, the law requires that before a tax declaration is issued
by the local realty tax assessor, the claimant must secure a certification from the DENR that the land is A&D. Failure to comply
with this requirement exposes the local assessor to civil, administrative, and criminal penalties.

However, the practice continues, and tax declarations are issued over protected areas giving rise to a complex set of issues
and false presumptions, none of which redounds to the benefit of the protected area. For example, the possession by a person
of such a tax declaration indicating his name, address, and the areas (albeit often inaccurate) creates a wrong impression and
a false sense of ownership. Because the person possessing the tax declaration pays an annual realty tax on the parcel of land
covered, another legal impression falsely created is that government is prevented from questioning the possession or claim by
the taxpayer. The legality of canceling tax declarations issued over public lands has long been a thorny issue, even before t he
passage of the Forestry Code prohibiting the act. The legal argument put forward is that the local assessor cannot be held
liable for the act of renewing these tax declarations every three years or so, because it is simply an act of renewal and not of
re-issuance.

Many of the possessors of these tax declarations are speculative claimants who do not reside in the locality and have hardly
even seen the land itself. Because they must recover the annual realty tax paid on the tax declaration, they allow other
people living in or around the area to cultivate it. This results in the removal of the lands forest cover and its conversion into
agricultural land, and in the creation of an inequitable, absentee, landlord-serf relationship, a throwback to the feudal system
of land ownership where the serf paid a share of his produce to the landlord.

Since almost no budget is provided for monitoring and protection activities in these areas, the slash-and-burn farming and
land conversion goes on unnoticed and unabated.

Tax declaration holders take issue and argue that the tax declarations were issued long before the passage of the Forestry
Code prohibiting it. It is further argued that the local assessor cannot be held liable for his act of renewing these tax
declarations every three years or so, because it is simply the act of renewing, and not issuing, a tax declaration

The first step is to deal with the fact that the tax declarations have been issued on public land, which is an outright violation of
the law, and to serve notice to the public officials concerned. A proactive DENR can simply prepare a land classification map
identifying the public and private lands within the national park or protected area and super-impose it on the tax map of the
local assessor. This will readily identify and segregate the lands where tax declarations have been issued over lands of the
public domain. It will also serve due notice to the local tax assessors that the identified areas are classified as timberland or
forest land of public domain and are therefore inalienable and not subject to a tax declaration.

The next step is to look at the system of renewal. Every three years or so, the tax declaration is renewed to reflect a revi sed,
and upgraded, valuation of the concerned real property. The new tax declaration bears a new number altogether. It may
therefore be argued by the DENR, if it so desires, that this act of renewal requires that the claimant secure a certification to the
effect that the land is alienable and disposable.

How to own a protected area
The matter may be easily resolved through an inter-agency agreement between the DENR on the one hand, and, on the other,
the Departments of Interior and Local Government (DILG) and Finance. After all, the situation is a result of these agencies
being at cross-purposes with one another. While the DENR is concerned with preserving the forest lands, the DILG as well as
the Department of Finance are interested in raising revenues for the local government. Revenues generated from property
taxes on forest lands are quite insignificant.

Is it within the power of the Government to divide an area into zones and to restrict the use of private property within a
particular district or portion of the area? Yes, it is. This is done by restricting the use of property. All environmental
management begins with a sound land use plan prepared and implemented by zoning. In the Philippines, the head of the
environment agency is specifically empowered to define and classify areas within the protected area and to prescribe
permissible or prohibited human activities in each category of the area. In fact, the power of the Secretary extends beyond the
limits of the protected area itself, as the Secretary is directed by law to adopt and enforce a land-use scheme and zoning plan
in the adjoining areas for their preservation and to control the activities which may threaten the ecological balance in the
protected areas.

Even if a parcel of land is already titled, the DENR can prescribe the kind of structures that may be constructed within it, or
even the kind of activities that may be undertaken within a particular area.

For example, a housing subdivision should never be
allowed in areas of steep slopes. If it is titled and privately owned, every effort must be made to revert it to public use, or at the
very least, to zone it as an agricultural or open space area.
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An interesting possibility is to introduce the concept of an ecological encumbrance in the land titling system. There is an
inconspicuous provision in the Forestry Code which states that all lands more than 18% in slope, even if already titled but not
yet part of a well-developed community, must be kept in vegetative condition sufficient to prevent erosion and adverse effects
on the lowlands and streams.

The potency of this provision may not appear obvious at first glance. Used creatively, however,
even private lands that have already been issued a certificate of title can be subject to an ecological encumbrance as a
condition for its continued use.

In the same manner as a mortgage encumbrance or an easement of a right of way is annotated at the back of a Certificate of
Title, this ecological lien (to keep such land in vegetative condition) can also be inscribed as a restriction on the use of the
land.

The over-all goal is to change the way of thinking of the landowners and land claimants on how they should treat these
protected areas. They must be made to understand and internalize the fact that their right to possess and use the land
carries with it the corresponding responsibility to care for it. This will engage and co-opt the landowners into the mode of
governance of the protected areas not by forcing them, but by guiding them to the necessary change in attitude.

If the tax declarations need to be cancelled, confronting each and every land owner and claimant is not the proper approach. It
will waste time and paper and will create unnecessary acrimony against the environment agency. Instead, State can demand
that pursuant to the Forestry Code, the assessor must require possessors of tax declarations within the protected area to
secure a certification from the DENR that the land covered by the declaration is alienable and disposable.

To avoid inter-agency conflict, the policy initiative may be undertaken at the highest levels of government, e.g., the President
acting through the Cabinet Secretaries and Ministers concerned. The policy and legal instruments that may be used would be
a joint administrative order issued by the Secretaries of the Departments of Local Government, Finance and Environment.
Such a process would provide the impetus for the claimant/tax declaration possessor to secure the necessary certification
from the DENR. For those who do not seek the required certification, the tax declaration may be cancelled outright; for those
who do secure the required DENR certification, the tax declaration may be replaced with an ecologically sound land tenure
instrument.

Being informed that the land is inalienable and cannot therefore be covered by a tax declaration, the claimant could then be
issued a Certificate of Stewardship for a definite period. This could be given on the condition that he establishes and maintains
the area in vegetative condition sufficient to prevent erosion and adverse effect on the lowlands and streams. A Certificate of
Stewardship is easily transferable to any third party, subject always to the conditions of the eco-lien.

A different process may apply to the lands already covered by a Torrens Certificate of Title. Two other governmental agencies
are concerned: the Department of Justice, which has jurisdiction over the Land Registration Authority, and the Supreme Court,
which has authority over cadastral courts. Both could agree that the release of the issuance of titles to lands with slopes of
18% and above be subject to the ecological encumbrance and annotated as an easement in the memorandum of
encumbrances at the back of the certificate of title. For lands long issued a certificate of title, a letter may be sent to the
registered owner to this effect and the original title in the Office of the Register of Deeds could be appropriately annotated.

The above-suggested approach to dealing with anomalous land tenure must be handled with utmost care. The tax
declarations should not be cancelled outright with nothing to take their place. Without any tenurial instrument to take the place
of a tax declaration, there would be a vacuum in policy and the land becomes terra nullius (land owned by no one). As such, it
will be owned and exploited by everyone. Lands in protected areas are traded liberally without any concern for the cultivation
practices. These practices have resulted in the continued degradation of the land. The absence of secure tenure for a
landholder, be he a titled landowner or a holder of a tax declaration, prevents him from investing time and resources for the
long-term sustainability of the land. Conversely, with the possession of a tenurial instrument, the landholder would enjoy a
greater degree of certainty and he and his successors would have the chance to recover their long-term investments in land
preparation and permanent vegetation. The concept of an eco-lien simply seeks to transform this psychological reality into an
ecological advantage.

Important protected areas
The Batanes Protected Landscape and Seascape is in the Batanes Islands, which lie in the northernmost part of the Philippine
archipelago, almost a stones throw away from Taiwan. Because of the distance and difficulty of travel to and from the islands,
it is among the most isolated and preserved groups of islands in the country with spectacular vistas of land and sea. It is also
an important flyway for migratory birds, among them the gray-faced buzzard. It is also the home of endangered plant species
such as the ebony trees (Diospyrus sp.) and the arius (Podocarpus sp.) The Batanes islands remain one of the few last
untouched reserves of calm beauty.

In 1994, the entire Province was declared a protected landscape and seascape.

Located in northern Luzon, the Northern Sierra Madre Natural Park, a park of 359,486 hectares, contains the largest belt of
species-rich primary lowland evergreen rainforest. Its vast woodland consists of six distinct forest types, and was declared a
national park only in 1997. The place has historical significance as well. The first Philippine President, General Emilio
Aguinaldo, retreated to the Palanan wilderness within these mountains, and there made his final stand against the onslaught
of the American forces at the turn of the 20th century.

Bataan National Park is part of the Zambales biogeographic region, and is the traditional hunting ground of the indigenous
45
Aetas. The parks 23,688 hectares is also home to endemic plants like the fire orchid and the mountain rose, and animals like
the bleeding heart pigeon.

Apo Reef Natural Park is the largest atoll-formed reef in the country, found southwest of Mindoro. While the land is only 29
hectares, the water covers 15, 763 hectares and is home to one of the countrys richest concentrations of marine organisms,
including 375 species of fish. The island is a rookery for migratory birds, and the beach a nesting ground for sea turtles, manta
rays, bumphead parrotfish and wrasses.

This 24,557-hectare Mt. Kanla-on Natural Park, 40% of which is still covered with forest, is in an active volcano in the Negros-
Panay region, a region of faunal wealth.

The mountain rises to a peak of 2,435 meters above sea level. It is the habitat of a
variety of endangered floral species such as the pitcher plant, the staghorn fern, and the waling-waling and other orchid
species. Also found there are 50 bird species, and trees that are representatives of the dipterocarp family such as the tanguile
(Shorea polysperma), the white lauan (Shorea contorta) and the bagtikan (Parashorea malaanonan). The forest contains
several species of mammals, reptiles, amphibians, birds and butterflies.

The Turtle Island Wildlife Sanctuary, a protected area of 392 hectares, is the major nesting site of the endangered green sea
turtle. It is located in the seas between the Philippines and Malaysia, nearly 1,000 kilometers south of Manila. It is believed
that between 1984 and 1992, about 14 million eggs were hatched on the Turtle Islands. The Turtle Islands are now the
subject of a joint protection agreement between the Philippines and Malaysia, known as the Turtle Islands Heritage Protected
Area (TIHPA). This is an excellent example of mutual cooperation between two neighboring states with a not-so-friendly past
to protect a biologically important area in their boundary as a common heritage of humankind.

Mt. Kitanglad Natural Park also sits on an active volcano and harbors three classes of forests: lowland evergreen, mid-
montane forest, and upper montane forest. It is the habitat of numerous endemic, rare and endangered wildlife species,
including the Philippine eagle, the Brahminy kite, the serpent eagle, hornbills, tarsiers, wild pigs and monkeys, as well as ferns,
orchids, lichens and mosses. The 29,716-hectare natural park was established only in 1996. A local NGO (non-government
organization) runs an eco-tourism operation featuring a walk in the canopy of the forests trees. Mt. Kitanglad is also the
home of several indigenous cultural communities who have lived in harmony with the mountain and its resident plant and
animal lives.

Mt. Apo Natural Park was one of the earliest declared national parks, and is home to a dormant volcano and the Philippines
highest peak, soaring to about 3,000 meters with a base larger than the island of Singapore. This 72,800-hectare mountain is
home to the Philippine eagle, hundreds of birds, mammals, reptiles and amphibians, and more than 600 species of plants. It is
also the major watershed of Davao City, the largest city in the island of Mindanao.

The Agusan Marsh Wildlife Sanctuary is a vast expanse of swamp forest, the likes of which are not found anywhere else in the
Philippines, and serves as the catch basin and natural flood control system of the Agusan-Davao area in eastern Mindanao.
This ecologically significant wetland is known to serve as the wintering ground of 200 species of migratory birds fl ying all the
way from China, Japan, and Russia. It is also the habitat of about 65 species of butterflies, countless eels, catfish and carp,
freshwater turtles, and a few crocodiles.

The Siargao Island Protected Seascape is located off northeastern Mindanao, in the Siargao and Bucas Grande Islands.
These occupy 67,726 hectares of land and 211,188 hectares of water, and host the largest mangrove forest in Mindanao. Its
ecosystem is also home to rare violet and pink lace corals, seagrass beds, seaweed meadows, and rare and endangered
species such as the Philippine crocodile, marine turtles, the sea cow, fire and century orchids, the Philippine cockatoo, the
flying lemur, the Philippine tarsier, and the fruit-eating bats known as flying foxes. Siargao Island, which faces the Pacific
Ocean, is also fast gaining a worldwide reputation as a surfers paradise with its famous cloud nine waves.

Eight other sites have also been identified and are the subject of conservation efforts. The Mt. Pulog National Park is the
countrys second highest peak with its 94 bird species, 33 of which are endemic. The Mount Isarog National Park is the habitat
of diverse species of small mammals and also of the indigenous Aeta community. The Mindoro National Park is one of the
centers of floral and faunal diversity, and is home to the second largest number of threatened and endemic species in the
country, including the tamaraw and the Philippine crocodile. An indigenous community (Mangyan) also claims it as its
ancestral domain.

Sibuyan Island in the Visayas has a relatively undisturbed forest. Although not covered by any law, the island is ideal as a
protected area because of a great diversity of flora and fauna with its rodent population and some important plant species
believed to be endemic. Coron Island in northern Palawan has a high rate of floral endemism, and 75% of its forest overlying
limestone rock is still intact. An indigenous community, the Tagbanua, collect birds (swiftlet) nests, harvest minor forest
products and engage in subsistence fishing.

The El Nido Marine Reserve in Palawan, harbors unique and endemic plant species found in beach forests and limestone
cliffs. Other endangered species such as the dugong and marine turtles inhabit the coastal seas. It is also home to various
endemic bird species. The Malampaya Sound, also located in Palawan, has rich resources sustained by one of the largest
mangrove forests in the country. It is now the site of natural gas production. Mount Malindang National Park was established
as a national park in 1971, and is home to the Philippine eagle and other threatened bird species and mammals such as the
flying lemur, the tarsier and the Philippine deer.

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The last frontier
In the westernmost part of the Philippine islands is an entire archipelago, the island province of Palawan.

To its east is the
Sulu Sea and to its west the China Sea, both extremely rich marine ecosystems. Palawan links the Philippines to, and is part
of, the bio-geographic region of the other island groups of Borneo and Malaysia, and shares with them common flora and
fauna.

The second largest province in the Philippines, Palawan is a collection of 1,780 islands and islets. Its main mass is a 1.48
million-hectare-land area configured as 425 kilometers from north to south and 40 kilometers at its narrowest point, in Puerto
Princesa City, the main population center and capital of the province. The entire coastline, which runs along both the China
and the Sulu seas, stretches almost 2,000 kilometers.

Palawan is known as the countrys last frontier of wilderness, a term that evokes visions of virgin forests, untouched mari ne
life, and abundant fauna. The term last frontier also emphasizes its state of danger. Largely because of its distance from
the mainland of Luzon and because of the protection that malaria afforded its deep and dark forests from human occupation.
Palawan is today the only island province in the Philippines that still has a forest cover of more than 50%.

Palawans distinction lies not so much in its land area but in its geological and biological wealth. Its flora and fauna are rich
and diverse, with much still to be identified and classified. In 1991, a Filipino zoologist wrote that of the 1,090 species of
Philippine terrestrial vertebrates, 232 species are to be found in Palawan. It is one of the countrys 12 centers of plant diversity
and one of the top endemic bird areas. Indeed, Palawan is so special that it has merited the enactment of a special law known
as the Strategic Environmental Plan for Palawan (SEPP).

There are more than a few sites of great interest in Palawan. The Tubbataha Marine Park is a large collection of coral reefs
located 192 kilometers southeast of Puerto Princesa, in the central Sulu Sea. Tubbataha is a Muslim word that means a
long stretch of foreshore. It is composed of two atolls, the north islet and the south islet. The north islet, with its small lagoon,
is also known Bird Island, and is a renowned rookery of seabirds.
But it is below this sparkling cluster of diamonds that the real wealth of Tubbataha can be found. Located in the heart of the
richest marine biogeographic region in the world, the Sulu-Sulawesi Marine Triangle, its sea is home to the largest
concentration of the most diverse coral reefs in the country. Of the 488 or so known species of coral in the Philippines, the
Tubbataha reefs are home to some 370, more than the entire Great Barrier Reef of Australia put together, and almost half the
coral species in the world. It is also the habitat of 379 species of fish. Because of its distance from land and the fact that there
is no large land mass to establish a human settlement, these coral reefs have been left relatively undisturbed. Scuba divers
the world over know of Tubbataha as one of the best dive spots in the world, where underwater visibility can reach as far as 60
meters or more, and where sharks, barracudas, manta rays, and marine turtles may be seen in every dive.

The Saint Paul Subterranean River (now known as the Puerto Princesa Underground River) is another natural and geological
wonder. It is an eight-kilometer long river located under the limestone mountains in western Palawan. Entry into the river is
through a dome-like mouth in the small St. Pauls Bay, its short stretch of beach providing a convenient jump-off point. A native
canoe with a boatman and guide brings one into the underground river, with only a battery-powered lamp for light. The cool
and tranquil waters of the river, up to five meters in depth in some parts, teems with crustaceans, ferns, coral flowers and other
fascinating marine life. The area surrounding the river and its mouth is heavily forested, and people may picnic in the company
of resident monitor lizards, birds and monkeys. And then one arrives at a high cavern, called the Cathedral, its towering
dome so high that even the light rays of a powerful flashlight barely reach its ceiling.

El Nido harbors unique and endemic plant species in its beach forests and limestone cliffs. Endangered species such as
marine turtles and the dugong also inhabit the coastal seas. A special bird species, the swiftlet, lords it over the grand
limestone cliffs of El Nido and is known for the important ingredient in the famous birds nest soup found in high-priced
Chinese restaurants.

One of the best legacies of former President Marcos to wildlife protection was the establishment of a wildlife refuge in one of
the islands in Palawan, the 3,760-hectare Calauit Island. This was done in response to the request of the International Union
for the Conservation of Nature (IUCN) in the mid-1970s to help save African animals caught in the midst of the civil strife in
Africa. The Philippines was chosen because it had an environment that more or less resembled that of Kenyas Shimbu
National Park. In a modern-day Noahs Ark operation, 104 African animals of eight species were moved inimpalas, zebras,
giraffes, waterbucks, bushbucks, elands, gazelles and topisin what was recorded in modern natural history as the first
translocation experiment in Asia. The first few months were difficult times for the transferred animals; many succumbed to
illness and left only an alarming 72 out of the original 104 animals. In time, however, the remaining animals adjusted. As of the
year 2000, the exotic African animals had quadrupled in number, from 104 to about 550. Unfortunately, there has been the re-
entry of people, and incidents where the animals were hunted and poached by these humans have been recorded

Another amazing site in Palawan is the Tabon Caves. Explored only in the 1960s by experts from the National Museum, the
caves yielded human artifacts, which revealed that man occupied the caves at different periods for the last 40,000 years. The
human fossil bones, many of which have been unfortunately disturbed by the guano deposits of the Tabon bird, have been
tentatively dated as far back as 22,000 to 24,000 years. The Tabon Man, as the remains are now more popularly known, is
representative of the early evolutionary progress of the modern man. The artifacts are known as flake tools, primarily made out
of stone, which were used to scrape, chip, hack, or cut materials from the surrounding natural environment.

More than any other people in the Philippines, the residents of Palawan, both in its capital city Puerto Princesa

and in the
47
entire province, have a high level of awareness and concern for their environment.

Children and the common people have
been known to call the attention of visitors who litter the roads with cigarette butts and other rubbish. The environmental
concern and activism of the City of Puerto Princesa and the Province of Palawan were highlighted by a landmark case on local
environmental governance decided by the Supreme Court.

In that case, both the Puerto Princesa City and the Province of Palawan enacted separate ordinances prohibiting the export
from Palawan of certain kinds of live fish usually caught with the use of sodium cyanide. These ordinances were challenged by
the fish traders and exporters as an unconstitutional deprivation of their right to livelihood without due process of law. The
Court ruled that the ordinances were enacted pursuant to the police powers of the State, exercised through the local
governments to protect their environment. In closing, the Court declared, we commend the Sangguniang Panlungsod of the
City of Puerto Princesa and Sangguniang Panlalawigan of the Province of Palawan for exercising the requisite political will to
enact urgently needed legislation to protect and enhance the marine environment, thereby sharing in the Herculean task of
arresting the tide of ecological destruction. We hope that other local government units shall now be roused from their lethargy
and adopt a more vigilant stand in the battle against the decimation of our legacy to future generations. At this time, the
repercussion of any further delay in their response may prove disastrous, if not irreversible.

PART IV: Forests

Sub: The indiscriminate cutting of its trees and exploitation of its products are destroying the worlds forests at an alarming
rateand only large-scale, decisive action can save them

WE now know that the forest is a storehouse of living organisms, plants and animals. Life within a forest is so abundant, we
have hardly even scratched the surface in our studies of biology. The ecological services performed by the forest are also well
known; with its capacity to absorb carbon and its ability to release oxygen, it is truly the lungs of the earth. It also serves to
regulate the climate in ways that we are only just beginning to understand.

In a scientific study, it was determined that the ecological services of a tree in its entire lifetimeerosion control, climate
regulation, water replenishment and the likeactually has a value of some P5.1 million (about US$100,000).

The forest works as a natural absorption and drainage mechanism for the supply and flow of water. Like a sponge, the roots
absorb water, which is then released in almost measured volumes through the intricate network of waterwayssprings,
brooks, streams, and riversto finally flow out into lakes and then into the sea. An imbalance in the functioning of these
ecological services has become increasingly evident in recent years. We are beginning to realize that the unregulated flow of
water during rainfall results in a torrential flooding of the lowlands and in the uncontrolled erosion and siltation of agricultural
soil. Another piece of evidence becoming manifest here is the increased heating of the atmospheric temperature and
perceptible changes in climatic conditions. Of course, this is but a natural consequence. When we take out the trees we also
remove their cooling effects.

The cost of this imbalance is staggering. In India, a country that can hardly afford losses, deforestation in its Ganges River
valley has caused heavy flooding and property damage worth some US$ 1 billion per year. In China, the destructive floods in
1998 cost thousands of lives and 264 billion Yuan in property damage.

Chinese officials attributed the tragedy to deforestation.

Even the rich countries have not been spared the cost. In the Pacific Northwest of the United States, 94% of the hundreds of
landslides are caused by the clear-cutting of forests and the construction of the logging roads.

In the Philippines, one of the more dramatic examples in recent times was the loss of some 6,000 lives on November 5, 1991
during what is now known in Philippine environmental history as the Ormoc tragedy. The watersheds of Ormoc, long cleared
to make way for sugarcane plantations, could no longer hold a sudden and unusually heavy downpour of rain. Rainwater then
rushed down in a torrential surge, and with a force yet unseen, washed away anyone and anything that was in the waycars,
plants, animals, men, women and children.

Worldwide destruction
Statistics show that about 40% of the worlds trees are used for the making of wood products, the demand coming mainly from
industrialized countries
.
On the other hand, about 50% of the worlds wood is used as fuel, mainly by the two billion people in
developing countries who depend on it as their source of domestic energy. That great demand for wood in both developed and
developing countries results in the tropical forest loss of about one hectare per second.

In other words, even as you read this
sentence, about two hectares of the worlds tropical forests have just vanished.

We now know that Philippine forests are among the richest in the world. They are also characterized by a high degree of
endemism. The major tropical forest types include mangrove forests, which occur in tidal flats. Beach forests grow in dry and
sandy beaches and are generally composed of trees such as the balete, talisay, agoho and the pandan plants. Molave forests
occur in regions of distinctly dry limestone ridges, with trees that have a more open crown and are highly valued for their
natural beauty and durability. Dipterocarp forests once provided 3/4 of the world-renowned timber commonly known as the
Philippine mahogany (red and white lauan, almon, tanguile, bagtikan and apitong). Pine forests occur at high elevation ranging
from 300 to 500 meters for the Mindoro pine and from 450 to 2,800 meters for the Benguet pine in the Cordillera Mountain
Range. The pine trees we see in Baguio City are varieties of the Benguet pine species. Finally, mossy forests are principally
found in high-elevation mountains. The trees are generally dwarfed and their branches are usually covered with moss.

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These forests are home to up to 13,000 species of plants. The Philippine Islands has a land mass of only 0.2% of the Earths
total land area, but
i
n terms of plant life, this tiny dot on the map is home to 5% of all the plants on earth.

Rain forests are so called for a simple reason: In these forests, it is often raining. The moisture and coolness produced by the
lush vegetation allows for more water in the leaves to evaporate into the air and add to the volume of water vapor in the
passing clouds. This is an everyday occurrence regardless of the season. That is why these forests are also known as
evergreen forests.

When the first Spaniards landed on our shores in the latter half of the 16th century, the Philippines had as many as 27.5
million hectares of virgin tropical rainforests.

In the 19th century, there was already documented evidence of a growing concern
over the deforestation going on in the Philippines.

In the latter half of the 1800s, the Spanish Government banned commercial
logging in the islands of Bohol and Cebu. It also banned the practice of kaingin.

In 1894, a Royal Decree from the King of
Spain also prohibited the sale of public lands unless it was first surveyed and declared as alienable and disposable by the
Inspeccion General de Montes.

In 1934, there were still approximately 16 million hectares of old-growth forests in the Philippines, more than half of the
countrys land area.

In 1988, a survey was conducted with the use of satellite imagery. The results were quite startling: Only
about 800,000 hectares of these old-growth forests were left. The almost 3.0 million hectares remaining of logged-over,
secondary-growth forests were unproductive or in varying states of degradation.

All this happened in about 50 years. It was also a time when the Philippines became known as the worlds largest exporter of
timber. The liquidation of more than 90% of the Philippines primary forests from the mid-1960s made a few hundred families
US$42 billion dollars richer, but it left 18 million upland dwellers, as well as the Filipino people, economically and ecologically
poorer.

In government posts, logging concessions were commodities of political patronage. In the course of the last 40 years, the
Philippines fell from being the largest producer and exporter of timber in the world to being a net importer of wood products.
Today, we now import our wood products from countries such as Malaysia, Burma, and Papua New Guinea.

On paper, 15.8 million hectares of the countrys 30 million-hectare land area is classified as forest land or timberland. The
classification may be based on the fact that the land is more than 18% in slope, or it may have no basis whatsoever. Truth to
tell, much of the lands classified as forest land is without any forest. Although fires were once rare in the continually wet and
evergreen rainforests, incidents of forest fire have become more frequent since the forests have been opened to human
beings. Forest fires now rank as the most destructive cause of forest degradation.

The many uses of the tree are the very causes of its own destruction. Trees grow too slowly to fil l the need of rapacious
humans.

The forests around the world were depleted extremely rapidly in the last 100 years. Almost half the forests that once
covered the earth are gone, and deforestation is expanding and accelerating. Every year, 16 million hectares of the worlds
forests disappear, more than half the entire land area of the Philippines. Land is cleared by timber operations, converted to
cattle ranches and plantations, or burned to make way for small farms. Of the three billion hectares left of forest around the
world, only about 1.2 billion are frontier or old-growth forests.

Until the turn of the 20th century, most of the forest loss occurred in Europe, North Africa, the Middle East, and temperate
North America. By the early part of the 20th century, these regions had largely been stripped of their original cover.
2
Although
the forest cover of Europe is beginning to stabilize, in secondary or plantation forests, almost all of its original cover is gone.
The United States is not far behind. Almost all of the forests in continental USA have been logged out at least once, since the
settlement by the Europeans barely a few hundred years ago.

To the north of the United States is its neighbor, Canada. Every year, Canada is the worlds largest exporter of forest products.
Two-thirds of Canadas coastal forest, itself a rare and threatened ecosystem, has already been degraded by logging in the
name of forest development. Cutting has tripled in the last 30 years and is well above the sustainable level.

The practice of
clear-cutting, not a good forest-cutting technique, is still being practiced by both the USA and Canada.

However, much of the dramatic deforestation in the last 30-40 years has occurred in the tropics. From 1960 to 1990 alone,
within a single generation, 1/5 of all the worlds tropical forest was lost.

Asia was the worst off; Latin America and Africa lost
about 20 % each.

The use and misuse of forest products
Consider the pages of this book. Chances are that the pulp used to produce this sheet you are now looking at was taken from
virgin logs. Two-thirds of the worlds paper comes from these virgin logs. Also, look at the uneven pattern of consumption of
paper. More than 70% of the world paper is used by only 20% of the world populati onthose who live in North America,
Western Europe, and Japan. Note also the disparity in the consumption rates: While a typical person in the world uses an
average of only 46 kilograms of paper per year, the average U.S. citizen of the USA consumes 320 kilograms.

The disparity in the use of paper is quite notable: On the one side of the consumption spectrum are the countries of the Unit ed
States with 320 kilograms, Japan with 232 kilograms, and Germany with 200 kilograms per capita consumption of paper. On
the other side, we see Brazil with 31, China with 24, and India with only three kilograms per capita of paper use.

49
The world uses more than five times as much paper today as it did in 1950. This is the result of growth in population, wastef ul
ways of using paper, and the seeming rise in the level of literacy. Of the three, only the last is a welcome development, and
would be the only justification for paper consumed. The paper consumption in the United States is so pervasive that in 1995,
the Federal Government moved to adopt a paper reduction policy.

In the so-called developed countries, the use of wood to produce paper is consumptive and wasteful. More than 50% of the
pulp and paper is used just for packaging consumer goods. One only has to stroll through the shopping centers of the world to
know what wasteful packaging means.

More than half of the worlds forests is in the tropical zone where plant and animal life is extravagantly present. The rest,
consisting of coniferous and boreal forests, are in the temperate zones. Because of the cold climate, these forests contain less
plant and animal life than tropical forests.

Logging is the process by which timber is removed from the forests. To do this, roads must be built in order to enter a forested
area. As forests are opened up by roads and logging, they become drier and more prone to fires. Over the last 20 years a new
phenomenon has been occurring in tropical forests: forest fires in these humid and wet forests. Worse, logging roads also
bring in the forests premier pestpeople, humans who like to play with fire.

The network of roads that must be built into the forest to allow heavy equipment to enter and haul off the logs is quite
extensive. One square kilometer of forest can have up to 20 kilometers of road. In the federally managed forests of the USA
alone, there are more than 600,000 kilometers of roadsenough to circle the globe 15 times over.

Nearer home, in Indonesia,
our next-door neighbor, the 500 kilometers of logging road built there cleared 40,000 hectares, more area than what was
logged over. As a result of the ambitious road-building program of Brazil to integrate its large country, the area deforested in
the Amazon increased from 30,000 square kilometers in 1975 to 600,000 square kilometers today, an area twice the size of
the Philippines. In the Philippines, the deforestation rate is running at about 100,000 hectares per year.

Unlike the forestry practices of the USA and Canada, it is not cost-effective to clear-cut trees in the tropics. Thus was invented
what in forestry practice is called the Philippine system of selective cutting. This selective cutting method is a systematic and
scientific way of cutting and removing only the mature trees in the forests, i.e., trees with over 60 centimeter diameter at breast
height (dbh).

In the Philippines, a logger would be lucky if he found 15 mature and economically harvestable trees in a hectare
of virgin forest. Because the undergrowth vegetation is so lush, clear-cutting is not economically sound, and is therefore not
practiced.

After removing the trees, the branches are cut and cleaned and the log is hauled out to the clearing and dragged along the
streams or rivers. The physical dragging of logs creates a tremendous path of destruction among the vegetation and
disturbance of the animals of the forests.

Of course, when these huge trees fall, all young trees, saplings and vegetation that
are fallen upon are simply crushed, broken or otherwise damaged.

However, this disturbance, great as it may seem, is considered only temporary. Under the terms of the logging permit granted
by government, there are two important conditions that must be met: protection of the logged-over area and replanting.

Protection is essential. A logged-over forest left alone for the next 20 to 50 years will naturally heal itself and regenerate, with
the young saplings, in due time, becoming mature trees. In fact, in terms of a trees capacity to absorb carbon dioxide, young
and growing trees absorb more carbon dioxide than old and mature ones.

It is when humans intrude into the forests after the opening of the logging roads that destruction explodes. The settling
humans cut down the smaller trees with their machetes and bolos, and the remaining vegetation is left exposed to dry in the
sun and wind. Thereafter, the leftover debris is ignited and burned. The burning of the carbon matter releases carbon gases
into the atmosphere, contributing to the store of carbon dioxide molecules to the air. Worse, however, the fire incinerates all
the life in the forest, from the first blade of grass to the last nutrient-rich bacteria in the soil.

After burning, the settlers begin to plant agricultural crops such as maize (corn), rice, and root crops. Often the land is
converted into large-scale plantations for sugar, rubber and other commercial crops. After a period when the land has become
dry and barren, the agricultural land is reclassified and converted to residential, commercial or industrial uses. Thus is
completed the entire process of forest combustion.

The worst kind of forest extraction and utilization is that which is done illegally, in the continuing practice of theft of standing
trees for commercial gain. It is said that there are two general causes of forest depletion: need and greed. Clearing forests
to plant food crops, while ecologically destructive, may draw some sympathy and understanding. However, illegally cutting
down trees for profit cannot be excused nor tolerated. The full force of the law must be used to eliminate it once and for all.

Bearing in mind that our forests are home to some 3,000 kinds of trees,
13,500 kinds of plants, 174 species of mammals, and 556 species of birds, is reforestation in the Philippine context an
accurate word? Can we only restore the forests to exuberant life by planting a monoculture of gemelina, ipil-ipil, eucalyptus
and other commercial trees of foreign origin? Not quite.

Let us assume that every tree has a real and ecological value of P5,100,000 and further assume that in one hectare there are
100 growing trees. A single cutting and the accompanying destruction of saplings in this one hectare would amount to
P510,000,000. Now compute the equivalent of 12,000,000 hectares and watch your calculator go berserk. And this does not
50
even include the other unquantifiable ecological values and services that these forests render to humanity. However, for the
short-term gains represented by the $42 billion industry derived from logging operations, a country can easily be dazzled by
the lure of money.

The government will often only see and opt for the near-term economic gains, especially if it will benefit the
incumbent politicians. Political leaders like to show off how much money has been made by the economy during their term of
office. The problem lies in the fact that the revenue derived from the natural capital is treated as income without considering
the cost.

How to save the forests
1. Find the forest lines
We cannot protect anything unless we know where it is. Take the case of the Philippines forest lines, for example.
According to Philippine law, at least 54% of the countrys land area is classified as, and must be devoted to, forest. In reality,
however, the forest lines have not been properly demarcated, delineated and marked on the ground. This being the case, how
can the forest be protected or rehabilitated when even the people who are supposed to protect it do not even know where it is?

The entire exercise of delineation, demarcation, and marking can, by and of itself, be a wonderful opportunity to educate the
people en masse. This is especially true for those living near or around the forests and those whose livelihood depends on the
forests. It can be a wonderful opportunity to rekindle in them a healthy respect and care for that which has been here long
before them.

The issue that needs to be addressed and resolved is still the issue on land tenure system in the forest areas. Areas that have
been marked as forest lands must not be classified as anything elsenot agricultural, commercial, residential or industrial
lands. Steep lands classified as residential lands always end up in trouble in the long run. Nature will have the last say. In the
late 1990s, this was clearly illustrated in the tragedy that struck a residential community in a hilly place near Metro Manil a.
Scores of people were buried in the rubble of their concrete houses when, during a heavy rainfall, the soil underneath the
houses gave way to the water, during torrential rains.

The once expensive technological tool known as Global Positioning System (GPS) is now widely available, inexpensive, and
very user-friendly. This cellphone-like gadget can tell you exactly what are your present coordinatesthe exact location in
longitude and latitudeat the press of a button. It has become so simple that even forest dwellers can be taught how to use
them to demarcate the forest lines.

Having identified the forest lines of the country, it becomes easier to focus attention on the dangers that threaten the forests.
One of the most devastating is fire, especially man-made fires. Although fires due to lightning are a natural occurrence, they
are few and far between and are not known to strike tropical rainforests. However, because men have not been careful, they
throw away their fires recklessly into the midst of combustible wood and forest material. In the case of slash-and-burn
farming, they actually and deliberately set the forest ablaze.

This propensity for slash-and-burn farming, kaingin as Filipinos call it, presents the Philippines an opportunity to become an
island of excellence in forest fire-fighting techniques. With forest fires burning in the Amazon, Indonesia, Australia, and
elsewhere around the world, here is an opportunity for Filipinos to contribute their skills to the world. Our forest dwellers can be
taught forest fire-fighting techniques and then supplied with modern equipment. This team can be called up at moments notice
to fly to any country in the world upon request to help countries in trouble snuff out raging forest fires

2. Reduce the demand for virgin trees
There are too few of our virgin, old-growth trees and forests left. It is estimated that all over the world, only 10% of the old-
growth forests are left in their virginal condition. Therefore, they should be preserved, protected and cared for at all costs. It is
no less than the duty of humankind, especially of our generation, to keep the forests in the same, if not in a better condition
than when we found it.

We see that we cut down trees so that human beings can use them for three general purposes: for fuel, paper and
construction. Using wood for fuel is quite inefficient, especially with open-burning stoves. Advances in the design of fuel-
efficient clay stoves have made great strides in recent years. Realizing the continuing need for wood as fuel, there is at once
a unique opportunity to establish woodlots in various places. People who use wood for cooking can, for example, be leased a
parcel of land by the government so they can plant their own sources of fuel. Thus, the constant need for wood as fuel and the
danger of it running out of a resource, swings to the direction of an opportunity.

In so-called developed countries, their use of wood for the production of paper is even more consumptive and wasteful. But
could we not require the manufacturer to take back the carton? This makes sense ecologically as well as economically. In
fact, the manufacturer can even pay the amount equivalent to the amount it spent for packaging, to a consumer who returns
the box in excellent (and immediately re-usable) condition. The technology for recycling paper exists and offers an opportunity.
What is required is for societies on large scale to develop the custom of re-use.

Of late, there is a growing awareness of the uses of steel or plastic for construction and housing needs. Both plastic and steel
are recyclable and re-moldable into the desired size and shape. The shift to plastic and steel for construction works is an
illustration of the truism that price is the best conservationist. For the simple reason that the price of wood has si nce become
too expensive, roof framings of houses are now being built with steel instead of wood. We have also seen that in the tropics,
wooden constructions are vulnerable to termites, and it is wasteful to use wood as scaffolding. In their stead, steel
scaffoldings may now be rented for the duration of the construction period.
51

3. Promote tree planting
After having done our demarcation exercise and identified the needed forest lands, tree planting can now be easier. The
government can begin to engage the people in tree planting endeavors. The government could provide the land and seedlings,
while the people provide their labor. With the growing environmental awareness and the innate desire of people to be close to
nature, there are many people who are only too willing to take care of, and if necessary replant an area into a forest land. All
they need is security of tenure. This is where the concept of an ecological encumbrance (eco-lien) comes in. The economic
benefits derived from the sustainable harvest of the forest products can be shared by both.

In urban areas, for starters, there is a need to break up the concrete of at least half of the highways and roads and at least half
of the parking lots. They must be turned into forested areas, woodlots, greenbelts and wildlife corridors. We need to break up
and remove the concrete in our roads and parking lots and turn them into forested areas and open spaces.

Because concrete absorbs and then radiates heat, the temperature in concreted areas is much hotter than in places where it is
forested. In tropical countries where the weather is naturally humid and balmy, the temperature in these concrete jungles can
increase by as much as one or two degrees. These are known as part of the heat islands that urban areas have turned into.

Without the absorptive capacity of the ground because of this concreting, water quickly accumulates in and runs off through
the concrete surfaces in torrential flows. Of course, this is another excellent ingredient in the phenomenon of flooding.

In the haste to plant trees and undertake the so-called reforestation, people have looked for species of trees that grow faster.
In the Philippines, for example, we have experimented with planting exotic species of commonly known as gmelina (Gmelina
arborea), eucalyptus, mahogany, aure (Acacia aurecoliformis) and the giant ipil-ipil (Lucaena lucocyphyla). In the 1970s during
the Green Revolution, the giant ipil-ipil was heralded as the magic tree that could grow in a few years to almost full height.
Economically, too, it appeared highly beneficial because it could be used for firewood and as a supplemental feed for animals.

But we forgot one very important thing. We forgot that in a rainforest, there are many kinds of plants and trees. We also forgot
that everything in nature is interconnected. We forgot about the interdependency of life, known simply, as the food chain. We
forgot that the forest is an ecosystem. When we planted one kind of tree on a large tract of land, a tree that did not belong
there in the first place, we were mono-cropping. By doing so, we were courting trouble. The insects and organisms that fed on
the leaves and barks of the ipil-ipil tree had no known predators. And since many trees were planted, plenty of food was made
available for these organisms. In time, their population boomedand then exploded! In time, they consumed the ipil-ipil trees.
Thus, in the mid and late 80s, the very same land planted to ipil-ipil was decimated by a pest

This brings us to the manner by which we have been undertaking the reforestation effort. When we want to reforest an area,
we start with the planting of trees. But did we not say that the trees are the climax species in the story of plants and
vegetation? Before there are trees, there is grass, ferns, shrubs, and bushes in ascending order. When the vegetation is right
and the conditions ripe, a tree begins to grow.

This understanding has led to the technique in the reforestation endeavor known as assisted natural regeneration (ANR).
The principle behind this is to allow the native vegetation to regenerate itself at its natural pace and levels of growth. It simply
means that where there are a few small trees growing on a particular land, one should clear only the surrounding area of the
trees to facilitate growth and not bother to clear the entire grassland. To hasten the establishment of a canopy of trees, a few
native/indigenous trees can be planted here and there.

Institutionalized action and incentives
Among the most potent tools for behavioral change are economic and fiscal incentives .In some legal regimes, a tree planted
on ones property, especially if it is a fruit-bearing tree, is subjected to a property tax in the same manner as a house or
building is subjected to a tax. This is incorrect and the law must be revised to make it conform to the policy of encouraging
reforestation efforts. Such a realty tax must be abolished, and in its stead a tax credit or tax rebate may be given to the planter
of the tree. By planting and caring for trees, the people have helped and relieved the government of the task. Such people
must therefore be rewarded. The tax credit must be generous enough to be attractive to all interested parties.

There are millions upon millions of hectares of denuded forest lands and national parks that need to be revegetated. The tax
credit can then be used by individuals or corporations as a deduction from their income or realty taxes due. For the poorer,
economically disadvantaged sector, these tax credits/rebates may be exchanged for a few kilos of staple such as rice.

Let us not forget the first E in our search for opportunities and options. Education is the most potent force to bring about the
desired change. And, of course, that starts with children. One exercise could be an eco-walk they might undertake with adult
members of a community. In selected areas they could be encouraged to take up reforestration activities. The Clean and
Green Program in the Philippines, an annual search for towns and cities which have kept their environment cleanest and
greenest, has yielded very positive results. In the science of mass psychology, this is called positive stroking en masse.

In the three Es of policy implementation, the last is enforcement. It is with good reason that enforcement is the last Eit is
expensive, time-consuming, acrimonious and emotionally aggravating.

The best form of law enforcement is when the law does not need to be enforced. But when a tree is cut, no amount of jail time
served by the person found guilty of illegal logging will bring that tree back to life. It is for this reason the following principles of
52
legal marketing have been conceived:
1. The best form of law enforcement is when the law does not need to be enforced.
2. The socio-cultural characteristics of the target market of the law must be carefully taken into account and used to advance
the social good being promoted.
3. Humans respond to candies and needles.
4. If the law must be enforced, it must be done in a manner that is swift, painful and public.

If enforcement must be effective, it must be swift to ensure immediate detection and arrest. It must be painful to ensure that
the experience will forever be etched in the memory of those concerned. And, it must be public in order to advise others of the
certainty and of the pain of what will befall them if they follow this undesirable path and pattern of behavior.

Enforcement can be carried out in a variety of ways. There is a need to establish institutional linkages with the police, the
National Bureau of Investigation, the prosecutors offices, local governments, and with the courts. This can be done through
seminar-workshops. At the very least, these can foster networking relationships essential for speedy arrest and prosecution of
forestry (or environmental) offenses.

A group of dedicated personnel must be formed to immediately respond to reports of violations. This Legal Strike Force must
be equipped with proper authority from the highest places of government. The members of the Force must also be given a
fixed and secure tenure of office. This way, it will enjoy a measure of insulation from the strong and fickle winds of partisan or
petty politics. Of course, most of all, the Force must be provided the equipment and resources necessary to achieve its
mission and passion.

In order to sow terror of the law in the hearts of malefactors, the Strike Force can conduct continuing raids against illegal
logging operations. At the very least, this will keep the adversary off-balance. The objective of these sporadic raids would be
to arrest violators and let them go through the wringer of immediate legal proceedings.

After the arrest and detention, even during the trial, the faces of those arrested must be splashed in the newspapers and TV,
and their name repeated constantly on radio. Let government pay for the advertising fee, if necessary. There is no greater
punishment than the loss of face.
inventive mind, man is able to search for design and meanings in the natural world around him. With the use of symbols,
language, and pictures he is able to preserve what he has learned and to transmit this body of knowledge to his successors.

The first hinge of civilization was the discovery of agriculture.

It was when man realized that he could be freed from the daily
insecurity of hunting and gathering that he began to have the free time to do other things and to pursue his innate curiosity and
natural creativity, and thereby began to learn to civilize himself.

With the introduction of agriculture, mans sense of social order expanded. As a hunter-gatherer, mans social unit was
composed only of his immediate family. Later it expanded to cover a number of related families that then constituted a tribe.
These groupings of people, the tribes, existed solely to pursue a common effort: to gather and hunt for food.

As the size of the tribe increased, more rules had to be made and the sense of property was revolutionized. Hunter-gatherers
were basically nomads, moving from one place to another in search of better hunting grounds. The discovery of agriculture
made it necessary for man to lay claim to a parcel of land that, in his symbolic mind, represented the security of his familys
food supply.

The greatest riddle of modern day is that despite the amazing advances in agricultural production, about 99% of the human
population still lives to eat. This means that they work each day, each month, each year, and through a lifetime simply trying
to eke out a living. This observation does not exempt those who are already rich and have a surplus of food on their tabl e.
These people may be considered worse off as they seem to work frenziedly to earn more and accumulate even more.

The revolution in agricultural productivity
There is now more food in the world than there ever was at any other stage in the story of mankind. The 20th century was
revolutionary in agricultural productivity. At the turn of the century the worlds croplands produced only 400 million tons of
grain. Today, only 100 years later, the worlds croplands produce 1.9 billion tons of grain. This five-fold increase, especially
since 1950, was brought about by three principal factors.

Increasingly large areas are now being put under the plough: 587 million hectares in 1950 increased to 732 million hectares in
1981.

From the year 1900, the worlds irrigated areas multiplied six-fold. This was made possible through the use of
mechanized equipment, as powerful mechanical tractors, bulldozers, and other earth-moving equipment replaced draft
animals such as cows and buffaloes. Motorized pumps also replaced manual irrigation, extending both the reach and
continuity in the supply of water.

In 1847, Justus von Leibig, a German agricultural chemist, discovered that chemically produced minerals could substitute the
nutrients plants take from the soil. While the use of chemical fertilizers was virtually unheard of at the turn of the 20th century,
it has multiplied nine-fold since the 1950s. Remove fertilizers and you reduce 40% of all the grain produced in the world.

The use of pesticides is another story altogether. While there is evidence that traces the use of pesticides to the time of Homer
around 1,000 BC, the past 30-40 years saw the use of pesticides grow 32 times. Pesticides meant to kill off the perceived
53
pests of the crops and, at least initially, increase the productivity of the land cultivated. All these were good things at first sight,
until the insects developed resistance to the pesticides and are now coming back with a vengeance.

In the 1860s, Gregor Mendel, an Austrian monk breeding garden peas in the monasterys garden, discovered the basic
principles of genetics. This discovery laid the groundwork for the spectacular progress achieved in the 20th century in the
breeding of more disease-resistant and higher yielding crops. In the 1880s, the Japanese, known for their centuries-old bonsai
trees, also succeeded in dwarfing cereals. This success eventually led to the highly productive wheat and rice varieties widely
used throughout the world today.

In 1917, the University of Connecticut developed the highly productive hybrid corn. Rice, corn
and wheat are the staple diet of all human beings.

Indeed, the growth in agricultural productivity has become so phenomenal that while in 1900 an average American farmer
produced enough for seven people, he now produces enough to feed almost 100 people.

Because the United States has
inadequate storage facilities and markets for this immense produce, some American farmers are paid to let their land lie fall ow
so that they will not increase the excess production!

The phenomenal growth in food productivity, however, has not necessarily meant that every one of the six billion people in the
world today is well fed. The World Bank estimates that 1.3 billion people live in absolute poverty, with incomes of less than
US$1 a day, many of whom are concentrated in rural areas.

Every day, 19,000 children die as a result of malnutrition and
related illnesses.

But in some parts of the world, the poor in rural areas often live better than their counterparts in urban slum areas. Whereas
the poor in rural areas usually have a patch of land to grow a few vegetables, or a nearby body of water in which to fish,
squatters in urban slums have neither of these, nor access to clean water, clean air, and basic sanitation facilities.

In the face of the famine and hunger suffered by at least one quarter of the worlds people, there is also a great number who
suffer from being overfed. In the U.S.A., 97 million people are overweight, and obesity has been described as a dangerous
epidemic.

Of the people aged 20 and above in the USA, 55% are estimated to be overweight. In Russia the figure is 57% and
in the United Kingdom it is 51%.

Environmental impacts of agriculture
The growth in agriculture was made possible only through the opening up and clearing of new land, mainly forest lands, in
order to graze and breed cattle, sheep, goats and other livestock. The 11 million tons of meat and milk produced in the world
in 1984 came from 1.4 billion cows and buffaloes, 1.6 billion sheep and goats, 800 million pigs, and an innumerable quantity of
poultryall of which would weigh more than all the people on the planet.

When we consider that all of these animals needed
space to forage, we can begin to picture the extent of the land area that was required to breed and feed this large number of
animals. Over the last 40 years, when the Central American beef market began booming, more than 25% of the rainforest area
was cleared. Additionally, 2/3 of Central Americas agricultural land is now occupied by livestock, most of it destined for the
stomachs of North Americans.

In just 20 years, Costa Rica slashed and burned over 80% of its tropical forest to accommodate
the increased global appetite for beef.

For every hamburger made of Central American beef, the American consumer saves an average of five cents. The United
States bears a large responsibility for the environmental effects of the production of Central American beef because it is the
single largest consumer. In fact, with less than 5% of the worlds population, Americans consume almost 25% of the worlds
beef. The typical American, it is said, gnaws through seven cows in a lifetime. Each pound of Central American beef destroys
over 18.6 square meters of rainforest.

The soil is that layer of earth upon which the roots of plants attach. It is called the lithosphere. It is also the layer that stores a
vast and complex structure of nutrients needed to grow plant matter. In the course of geologic time, measured i n millions of
years, the solid portion of the earth crumbled away with the constant action of the elements. In time, rocks broke down into
smaller pieces, then into stones, and later into fine sand. All the sand that we now see today was once a part of a pebble,
every pebble was once a part of a rock, and every rock once part of a boulder. After much weathering and magical mixing with
air and water, the fine sand became the thin and fragile layer we call soil.

Agriculture first needs to clear the land and then completely remove the remaining grasses. Next, the soil has to be turned
over to plant the seeds of grain. Without any vegetative cover, the soil is exposed to the heat of the sun, and its natural
moisture quickly dries up. It is now also exposed to the action of the wind, which further dries it up. Add to this a bit of heavy
rainfall on a slight incline in the slope. The water then carries the soil to the rivers, running through the lowlands and plains and
ultimately being deposited in bodies of water and the sea in the form of silt. In places where the land is very flat, as in the
agricultural plains of North America, too much exposure to the sun and the wind transforms the soil into dust. Ultimately, land
productivity is lost and the soil is found in places where it should not besilting up waterways, coral reefs and aquatic life.
With the reduced capacity of the waterways to carry water, it increases the incidence and intensity of floods.

Let us remember that soil is irreplaceable beyond any time-scale of interest to us.

When lost, it is lost forever. While re-
vegetation of the land will ultimately restore the soil somewhat, the length of time it will take is best measured in terms of
millennia. It is therefore essential that the soilthat delicate mixture of nutrients, organic matter and waterbe prevented from
being washed away faster than it can be formed.

Water and chemicals
54
There are two aspects of the story of water for agriculture. The first is the quantity of water, and the second the quali ty of the
water.

1. Water quantityOf the 3,240 cubic kilometers

of water in use in the whole world, 70% is used for agriculture, 20% for
industry, and 10% for domestic needs. Plant cultivation is the largest consumer of water. To produce one kilogram of grain,
1,000 kilograms of water is needed. To produce one kilogram of beef, the animal must be fed with seven kilograms of grain.

Evidence of water scarcity is unfolding with the water table falling in every continent. It is occurring in the Southern Great
Plains of the U.S.A., in much of North Africa and the Middle East, in most of India, and almost everywhere in China. A 1991 t o
1996 survey indicated that the water table under the north China plains is dropping at an average of 1.5 meters per year.
Almost everywhere in India, where the withdrawal rate of underground water is double the rate of aquifer recharge, the water
table is falling at the rate of one to three meters every year. In the Philippines, while a comprehensive documentation of severe
water shortage has yet to be recorded, evidence is growing that the water table in Cebu, Cavite, and other coastal zones is
falling at rates equally alarming. The risk of irreversible saltwater intrusion and aquifer salinization is even more serious in an
archipelagic country like the Philippines. In the island province of Cebu, a long and narrow island, groundwater salinization has
now penetrated four kilometers inland.

2. Water qualityThe other aspect of the story of water is the run-off of the pesticides and fertilizers that are applied to our
agricultural crops. The chemicals that we put into our agricultural lands, the poisons that we spray on our crops in the form of
pesticides, insecticides, fungicides and herbicides all have to go somewhere. The rainfall washes away a large part of the
chemical poisons and nutrients into the waterways and bodies of water. There, the fish and other aquatic life are exposed to
the poisons. The nutrients of the fertilizers, misplaced in the aquatic environment, unduly enrich the plants that live in the water
bodies and trigger an imbalance in the aquatic ecosystem.

Fish kills cause great alarm when they occur. Often, these are quickly and conveniently blamed on nearby factories and
establishments by the investigating authorities. Fish kills are episodic incidents that do not occur overnight. They are brought
about by a system malfunction accumulated over a period.

One of the heaviest prices that we have to pay for the growth in agricultural productivity is the intensive use of chemical
fertilizers and pesticides to sustain the growth of the new and high-yielding varieties of grain seeds. The novelty of high
productivity with new grains and new chemicals so enthralled governments that the so-called Green Revolution of the 1960s
was entirely anchored on the proposition to put in more to produce more.

A 1983 study indicated that about 10,000 people died each year in developing countries and about 400,000 people suffered
acute health illnesses due to pesticides.

In our agricultural croplands, related pesticide illnesses abound in the banana and
pineapple growing regions in Mindanao. However, because of the importance given to economic gain, these deformities,
mutations, illnesses and deaths are often swept under the rug, and the claims quietly paid to the impoverished families of the
farm workers.

Recent scientific discoveries reveal a perplexing phenomenon. This is the effect of chemicals, the so-called persistent organic
pollutants (or POPs), on the physiology of certain animals. These chemicals appear to be causing deformities in the sexual
organs of animals exposed to, or which have ingested, these pollutants through the food chain. The alarming build-up of these
chemicals has also been recorded in the human organs.

Al Gore, former Vice President of the U.S.A., in his foreword to the book Our Stolen Future, stated that human beings in such
remote locations as Canadas far north Baffin Island now carry traces of persistent synthetic chemicals in their bodies,
including such notorious compounds as PCBs, DDT and dioxin. Even worse, in the womb and through breast milk, mothers
pass this chemical legacy on to the next generation.

Another aspect involves the other insects, the innocent bystanders in our quarrel with agricultural pests. The so-called
broad-spectrum pesticides and insecticides have a shotgun effect: They kill everything they touch. Thus, even friendly and
beneficial insects, airborne carriers of pollen and seeds, or those that are simply ecological bystanders and part of the food
chain are all hit by the shotgun blast of these chemical street sweepers.

In the language of warfare, they are known as the
unintended consequences of an aggressive action or simply collateral damage.

We do not realize that these same insects are all part and parcel of the intricate web of life that make up the food chain. Many
of them are carriers of seeds and pollen that are necessary for the perpetuation of plant life. Then again, some of these insects
are predators of the pests we seek to eliminate through the use of chemicals. In recent years, there has been a growing
realization that the use of chemical pesticides can be significantly reduced if we retain the friendly insects and allow them to
serve their function as predators of the pests. This has led to the introduction of the integrated pest management (IPM)
system and a shift towards the use of biological control methods.

The Philippine agriculture situation
The Philippine situation mirrors that of the world. Despite its misguided efforts towards industrialization, the country is an
agricultural country and must be proud to be so. We are fortunate that our soils and climate give us the capacity to be self -
reliant in terms of food production. But why is it that once we were an exporter of rice, and now we are importers? Water is fast
running out for irrigation, and the erosion rate of our agricultural soils run from moderate to severe. The area used for
agriculture has expanded from 12 million hectares in 1960 to 14.1 million hectares in 1990, or almost half of the total land area
55
of our country.

However, this figure is not reflective of the total area cleared and at one time cultivated. While no figures are
available for areas technically classified as watersheds, a safe estimate is that about 70-80% of the Philippines land area has
been devoted to agriculture at one time and in one form or another.

A loss of some 2.1-2.5 billion tons of soil per year is nothing to sneeze at. It represents a net lossa permanent, irreversible
and irreplaceable lossof the countrys agricultural capital. If one cubic meter of topsoil or garden soil costs P500 (about
US$10), the loss of two billion tons of topsoil is equivalent to about 1,000,000,000,000 pesos per year.

As for agricultural pesticides used by Filipinos, the figures are staggering. In a mere seven-year period from 1980 to1987,
pesticide use tripled from 4,725 metric tons (MT) to almost 16,000 MT per year.

Almost 54% of all the insecticide used in the
country is applied to rice, and 19% is used in vegetable growing. Plantation crops such as banana, pineapple, and vegetables
also use a large amount of fungicides.

One of the more insidious and quietly creeping dangers is the loss of genetic biodiversity. Prior to the Green Revolution, the
Philippines had several hundred varieties of rice, including some wild species.

Because they were native varieties, they were
sturdy and had a natural resistance to native pests and to the natural calamities that frequently visit the area where they grow.
This genetic diversity served as our insurance for survival. However, the introduction of the so-called high-yielding varieties of
rice eliminated all but a few of the native varieties. In their stead, they were replaced by genetically uniform rice varieties
without the natural traits and defense mechanisms needed for resistance.

These so-called high-yielding rice varieties are not really high yielding. They are only high-response varieties. They increase
their yield only as a response to the high input of fertilizers and chemicals that are applied to them. These varieties have
proven unstable in the face of new and more virulent insect attacks, many of which have developed resistance and immunity
to the chemical pesticides already in use. The first miracle rice (the IR-8) was wiped out by tungro infestations in the 1970s.
Attempts to replace the infested varieties with new varieties have only led to more sophisticated infestations, greater
resistance to pesticides, and more and more intensive application of inorganic or chemical pesticides, round and round in an
almost mindless cycle.

However, as far as the pests are concerned, the cycle of life goes on. We humans are actually doing them a big favor by
planting only one kind of plant in large areas. This practice is called mono-cropping. With this, the natural predators of the
insectsthose other insects and birds that inhabit and feed on the other plants and pestsare nowhere around. Lest we
forget, insects have the largest number of species among animals, some 800,000 of them. They breed so fast that even if only
five or 10 escaped the fungicide, they would breed soon enough and in large enough numbers to return with a vengeance.

Conservation measures
Soil and water conservation measures fall under the category of short-term remedies, as they can be accomplished in a matter
of five years. It is a note of living archeological history that the Philippines is the site of the Banaue Rice Terraces. These rice
terraces are nothing less than an engineering marvel. In fact, they are known as the eighth wonder of the world and listed
among the World Heritage Sites

for its significance to all of humankind.

Carbon-dating tests reveal that this collection of high-
altitude terraces is about 2,000 years old, thousands of hectares of land painstakingly carved out of the steep mountain slopes
with primitive tools. This conglomeration of terrace planting has been able to retain soil and water so well that to this day rice is
still being grown there.

In recent years, a technique of soil and water conservation known as contour farming was re-introduced in the Philippines. Its
technical label is Sloping Agricultural Land Technology (SALT). The whole technique hinges on the use of an A-frame with a
pendulum weighted by a stone in the middle. Placing both ends of the triangle on the ground, the pendulum will swing left or
right until the natural contour of the sloping land is found by putting one of the legs of the triangle on different parts of the
ground. When the natural contour is found, the piece of stone hanging from the string would be at dead center of the A-frame.
It is now for the farmer to put a stake in that ground to mark it as the place of the outer edge of the terrace to be built.

The SALT system has proven to be highly effective in conserving the soil, and the Department of Agriculture would do well in
promoting this conservation technique rather than promoting the use of chemical inputs. It would do well for the concerned
government agencies, especially the Departments of Agriculture, Agrarian Reform, Environment, and local governments to
launch a massive education and hands-on campaign to stabilize the soils through the use of contour farming techniques. An
entire legal marketing campaign and program can be carried out with such steps as the identification of eroding areas, the
mobilization of upland farmers using the bayanihan system (volunteerism and mutual help), government support for the
purchase of food, the contouring of all sloping agricultural lands within five years, and the delivery of social services (health,
land tenure instruments, etc.) as an adjunct to the campaign.

Chemical inputs per se can be beneficial when administered in the right doses and when combined with organic inputs. Poorly
educated farmers, however, tend to use more than is necessary in the belief that more is better. Re-education in the use of
chemicals is required in order to wean farmers away from inorganic inputs that ultimately result in degradi ng the quality of the
soil.

Some responsible chemical companies are also beginning to introduce more target-specific and quickly decomposing
chemical pesticides. In the same manner that farmers were taught to intensively use chemicals 30 years ago, they can now be
taught more earth-friendly techniques in the control of unwanted pests and the use of organic fertilizers. Fortunately, this
paradigm shift is starting with the introduction of organic farming and the integrated pest management (IPM) techniques.
56

Organic farming is beginning to catch the attention of both farmers and health conscious consumers. Ultimately, it will be the
consumer who will determine the need for organically grown grains and greens, and thereby create the demand, which the
farmers will have to fill.

At present, however, individual farmers who have experimented with organic farming find that they still operate at a loss. As
the only farm not protected by chemical pesticides within the area, it is a natural target for insects that are driven away by the
pesticides used in the other neighboring farms. This points to the need for a coordinated and comprehensive approach to
integrated pest management (IPM) and organic farming. Otherwise, those who practice it will be at a great competitive
disadvantage and will ultimately revert to the use of chemicals.

True land reform
Land use planning is the first step in environmental planning. It is the sole prerogative of local government units following a
framework plan of the national government. To determine areas suitable for agriculture, there is a need to delineate broad
categories of areas. Enhancement areas are lands capable of sustaining intensive cropping. Prevention areas are areas
which, by common consent and taking into consideration the slope, soil composition and other factors, should not be
developed for intensive agriculture, or should be converted to other uses when already developed. Restoration areas are lands
that have been stripped of vegetative cover and have totally lost or drastically reduced their productive capacity.

The above effort is probably what Land Reform is in its truest sense: reforming mans relationship with the land by treating it
not just as mans source of food for the day but as a continuing source of life. There is a need to break up large land holdings
that are the cause of civil strife because of the feudal relationship between landlords and tenants. Undoubtedly, the
governments land reform program may have temporary socio-economic benefits by creating a new set of landowners. But the
land reform that entails the mere redistribution of land to more people is not the land reform we refer to here. True land
reform is about reforming the attitude of landowners and farmers towards our natural capital and food security.

In the longer term there are a few difficult decisions that need to be made. One obvious need is to stabilize or even reduce the
human population. It is projected that there will be about eight to 12 billion people on earth by the year 2050.

In the Philippines,
within a span of 35 years, the population more than doubled, from 35 million in 1965 to 80 million in the year 2002.

The governments efforts at family planning

are often thwarted by the stand of the Catholic Church against certain methods of
contraception.

Whatever may be the outcome of the long-running Church-State debate on the matter, it is the function of
government to at least make accessible to couples, especially to women who bear the brunt of pregnancy and childcare, the
options available for responsible family planning. Artificial contraceptive methods are only one of the options, the most
important one being education. Studies have indicated that where the women are more empowered by education and
livelihood opportunities, childbirth is very much reduced.

In the long term, there must be another paradigm shift in the way we view agriculture. For the past century, we have focused
on the side supply of food production: increasing food supply with genetic manipulation, expansion of croplands and greater
productivity through the use of chemical inputs. We need to think about ways of reducing the demand side of the food cycle.
This reduction is called the needs contraction theory.

We need to think about food that uses less water and takes up less land by moving down the food chain. Vegetables and fruits
take up less soil and less water and are certainly healthier food. On the other hand, cattle and pigs not only require much l and
and grain; they also produce more waste. In the United States, one of the largest meat-eating countries in the world, livestock
produces 130 times more waste than the countrys entire human population.

Although it has been the mark of affluence, meat eating is not altogether healthy. Research in China, the U.S. and by the
World Health Organization (WHO) indicates that the over-consumption of protein from animal flesh has been the cause of
obesity, breast cancer, cardiovascular diseases and colorectal cancer. Moreover, there is the concern of eating genetically
modified animal flesh pumped with immense doses of antibiotics and growth-enhancing hormones.

It is projected that the era
of mass-produced animal flesh and its unsustainable cost to human and environmental health should be over before the end
of the 21st century.

In the accompanying volume, A Legal Arsenal for the Philippine Environment, the laws on agriculture all relate to and focus on
making the soil produce more and more. The recently passed law on Agricultural and Fisheries Modernization (AFMA) is one
such law. The High-Value Crops Law is another. The Pesticide and Fertilizers Act reflects the policy of protecting human
health from the adverse effect of chemical inputs. The Anti-Coconut Cutting Law seeks to protect the productivity of coconut
trees,

the cutting of which has been widespread in the last decade for coco-lumber and as a substitute for the vanishing and
high-priced good lumber, i.e., lumber from trees. An interesting piece of legislation is the Animal Welfare Act, if only because
it indicates what might be the beginnings of human kindness towards their fellow creatures.

CHAPTER V
AIR

Sub: The life-giving mixture of gases that we breathe is becoming more hazardous to our health. Institutional and individual
action is needed to make it safe again

57
PICTURE an extra-terrestrial being from another galaxy several thousand light years away, launching on a tour of our galaxy.
While zipping around at 10 times the speed of light, he chances upon a little blue planet. He decides to drop by to see what
makes this planet different. The instrument panel in his spacecraft has identified this blue planet as the Earth.

The spacecrafts ultra-sensitive radar senses that this blue sphere is enveloped by four gases that make up about 99.99% of
the Earths atmosphere. As he gets closer, he notices that about 50 kilometers above the Earth, there appears to be a layer of
gas called ozone. This ozone layer serves as a parasol that filters the intense rays of the sun. Without it, the surface of the
Earth would virtually dry up.

However, the visitor notices a disturbing sign. Some parts of the protective gaseous parasol of the Earth are so thin, it looks
like the ozone layer has holeslarge ones that allow the rays of the sun to directly penetrate the Earths surface. He detects a
heavy concentration of carbon dioxide in the air outside. When he approaches the lower levels of the Earths atmosphere, he
sees what looks like puffs of white smoke, puffs of water vapor or clouds from which rain falls. The rain, however, is made up
not only of water but also of acidic substances.

The alien sees that there are patches of brown in the air, especially where there are a lot of people. These people travel
around in metal carriages that spew out smoke. The smoke from these carriages is made up of a deadly cocktail of gases,
including carbon monoxide, nitrous oxide and sulfur oxide. He sees the same gases being emitted by the smokestacks of
power plants and factories.

He hovers around in the air for a while and zooms in on the mass of people in places called cities. Penetrating the human
body, he sees that there is a not a single pink lung among the inhabitants, a symptom of an unhealthy people. His curiosity i s
heightened even more by the fact that, despite all the ill effects of the foul air, human beings go on burning their way to
bronchial disorder, and possibly, climatic perdition.

The gaseous mixtures that swirled around in this part of the solar system four and half billion years ago did not always
resemble the gentle air, temperature, and climate that we have today. For a few hundred million years, the atmosphere was
probably made up predominantly of water vapor, carbon dioxide, and nitrogen gases that were released by volcanic eruptions.
Then the volcanic activity began to subside and the hot air that enveloped the then lifeless planet began to cool down. With the
cooling, hot water vapor floating in the air also began to cool down, and in time fell as rain. The rainwater flowed into the lower
grounds and collected in the recesses of the Earth, and became the lakes, seas, and oceans. Only when the magical mixture
of gases became water, and water became the home of single-celled plants, did life begin.

Gaseous interactions
These first plants were important to the growth of life. Plants are able to absorb sunlight and chemically transform it into
carbonaceous matter. This carbonaceous matter became the grass, the shrubs, the bushes and eventually, the climax species
of plant lifethe trees.

Carbon dioxide is an interesting gas. It traps heat. In fact, if it were not for the carbon dioxide in the air, the Earth would freeze.
It is also the main source and supply of the carbon that is transformed into living matter. Plants inhale carbon dioxide and
exhale oxygen; animals inhale oxygen and exhale carbon dioxide.

However, the breath of animals is not the only source of carbon dioxide. Decomposing plants and animal matter also release
the gas. Left on its own, the carbon dioxide released by this process occurs at a rate slow enough to be easily absorbed by the
plants and the sea to supply the carbon requirements of the life that we see underwater.

Important as oxygen is, it is not the only gas that we breathe. The air is a delicate concoction of gases composed of
approximately 21% oxygen and 78% nitrogen. The remaining one percent of the earths atmosphere is composed of 40
naturally occurring trace gases such as argon (0.9%) carbon dioxide (0.035%), methane (0.002%) and neon (0.002%), with
the remaining balance made up of helium, ozone, hydrogen and krypton. Despite their minute proportions, these trace gases
play a critical role in the atmospheric and biological processes that occur on Earth.

The air is a finely balanced and highly delicate mixture of gases that makes life possible. If we unduly increase the volume of
one of the gases in relation to the others, we do not exactly know what will happen. We only know that there would be a price
to pay, and that at the end of the day, Nature will have the last say.

The lower level of the atmosphere, the troposphere, contains approximately 85% of the earths atmospheric gases, and is the
zone where the climate, more commonly known as weather, is most active and dynamic. Scientists tell us it is due to the
process called heat transfer or convection. When the suns ultraviolet rays hit the surface of the earth, the heat bounces back
in the form of infrared rays. When this heat warms the surface air, the air, like any gaseous matter, tends to expand.
Expanding, it becomes less dense. Now lighter, the air rises to higher altitudes, where it mixes with cooler air. As the rising air
is cooled by the air above it, the water vapor contained in the air begins to condense and form into the large white puffs known
as the clouds. Since nature abhors a vacuum, the place vacated by the warm air is taken over by the cooler and denser air
that descends from the higher altitudes. This completes the process of heat transfer.

The rising warm air acts like a ceiling above the troposphere and prevents the turbulent air in this layer from rising further into
the next layer, the stratosphere. This explains why the stratosphere is a region of relative calm, with few clouds. For this
reason, it is also the region preferred as the cruising level for airplane flights. We notice the difference when we take a jet
58
flight. While we are ascending or descending, the plane rocks more because the air at the lower levels is more turbulent.
When we reach cruising altitude, the air is much calmer and we experience very few bumps, even during bad weather.

The air we breathe is a special mixture of gases in specific proportions. It has been that way for a long time, and it has enabled
life to survive and thrive. If we must change this composition, at the very least we must know what we are doing. Ignorance of
the rules of Nature has its own dire consequences.

A whiff of imbalance
Pollution is defined as a physical or chemical imbalance in the composition of air, water, or soil. If, for example, there is too
much nitrogen in the air beyond its normal proportion of 78%, there is imbalance. In fact, even the gases of seemingly
minuscule proportions such as carbon dioxide and methane must be kept in proper proportion and balance.

What the consequences of such imbalance will be, we really do not know. We are only starting to see the symptomatic
manifestations. What we can now scientifically guess is that the Earththe plants and the seascan absorb about three
billion tons of carbon dioxide every year. We also now know that we have been emitting about six to eight billion tons or more
of carbon dioxide every year.

What is emitted and what the Earth can absorb has to go somewhere. And so, it floats up into the air. Because carbon dioxide
is a heat-trapping gas, the heat in the form of infrared rays that is supposed to bounce back and escape into outer space is
trapped within the atmosphere.

We earlier noted that the air consists only of about 0.035% carbon dioxide. In the 19th century, man was smart enough to be
able to actually measure the concentrations of carbon dioxide in the air. It was measured in parts per million (ppm). In 1860,
the level of concentration of carbon dioxide in the air was only 280 ppm. Today it is about 360 ppm.

The hottest 10 years in all of recorded history occurred in the last 11 years. The hottest year ever recorded in the annals of
meteorology was the year 1998. With our scientific gadgets, we recently learned that the higher concentration of carbon
dioxide resulted in the increase of heat in the atmosphere. Since the year 1900, only a hundred years ago, the average global
temperature has increased between 0.3 and 0.6 degrees Celsius. Recently, in its Third Assessment Report: Climate Change
2001, the Inter-governmental Panel on Climate Change (IPCC) reported that in the next hundred years, the earths
temperature could increase by as much as 5.8 degrees Celsius.

When an imbalance occurs, the climatic system is disrupted. In certain areas, there can be massive floods; in other areas
there can be intense drought. No one yet knows with great certainty why the storms and typhoons that seasonally appear to
have become more frequent and more intense. There is, however, already a general agreement among mainstream scientists,
including the scientists from 120 countries that make up the IPCC. The IPCC concluded that the balance of evidence
suggests a discernible human influence on the climate system.

We know that 2/3 of the worlds freshwater supply is locked in the form of ice in glaciers atop the mountains in temperate
zones. Recent scientific findings reveal that the glaciers are melting at an alarming rate, and that the cause of this melting is
the rise in the earths temperature. This adds considerably to the volume of water in the sea, thus resulting in the phenomenon
called sea level rise. Some estimates indicate that the sea level may rise anywhere between 50 cm to even 100 cm in the
next 100 years.

What caused the holes in the earths ozone layer? It seems that people have been using certain chemicals that have floated
up into the higher levels of the atmosphere, the stratosphere, where lies the ozone layer. There, the ozone molecules that
make up the gaseous parasol were being destroyed at a rate faster than they could be replenished.

Later on, some evidence of human illnesses began to appear and was traced to increased intensity of ultra-violet radiation
(UV-B). In 1991, UNEP predicted that increases in UV-B would increase skin cancer incidence to about 300,000 per year and
about 1.75 million additional cases of cataracts.

What was even more alarming was that the most vulnerable sector of the human population was the Caucasian race. The
brown races (Malays) and the Africans (Negroids) had enough resistant pigment in their skin to counteract the increased
intensity of the ultra-violet radiation. It was also medically demonstrated that increased UV radiation suppressed the immune
system of humans against some diseases. In this case, the health impact did not choose its victims. Humans of all colors were
vulnerable.

For plants, there is another visible impact. The growth and photosynthesis of certain strains of rice, corn, and soybeans, staple
food for millions of people the world over are being reduced by relatively low increases of ultraviolet radiation. Some
researchers have also linked ozone depletion to significant damage to commercial tree species.

Increased ultraviolet radiation also has an impact on aquatic ecosystems by reducing the growth of marine phytoplankton. As
we learned in grade school, phytoplanktons are the base of the food chain in the seas. Freshwater life is also affected. The
increased ultra-violet radiation damages the midge larvae, the base of many freshwater ecosystems. Amphibians and fish are
particularly vulnerable. Controlled tests have demonstrated that excessive UV radiation kills trout. Some researchers have
linked increases in UV-B to the global decline in some frog species.

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Danger in what we breathe
The manner in which the problem of ozone depletion was dealt with in the international arena has been hailed as one of the
landmark victories in global environmental diplomacy. Among others, the speed with which the Vienna Convention on the
Protection of the Ozone Layer was crafted and agreed upon was the result of the following factors:

1) The culprit substances and their manufacturers were easily identifiable.
2) In the course of the international negotiations, the evidentiary smoking gun was found. It gave scientific evidence of the
ozone depletion, and the stimulus for a sense of urgency to address the crisis at hand.
3) The Caucasian population, mainly the people of rich countries who are avid sun-worshippers, were the most vulnerable to
the human health impact. Thus, with the most at stake, they used their powers of political and economic suasion to arrive at
agreements. Also, since they had the greatest stake, the Northern peoples were also more than willing to provide the
resources needed to facilitate implementation.
4) Chemical substitutes were quickly found.

Located slightly above the equator, the Philippines is one of the most agreeable places to live in the whole world. It has a
tropical climate, an 18,000-km coastline, and is possessed with a land and sea of great bounty. The seasons hardly change.
Unlike the seasons in countries far from the equator, the Philippines does not have winter and snow. Its weather varies only in
the amount of rainfall received by the month of the year and in the way the winds blow. In the first half of the year it is the
northeasterly monsoon wind, the amihan; in the second half, it is the southwesterly wind known as the habagat.

The Philippines is visited by some 25-30 typhoons every year, such that typhoons have become a part of the Filipinos
everyday life. But in the coastal character of the Philippines lies its vulnerability to changes in the weather. As previously
mentioned, the level of sea-rise in the next 50-100 years is estimated to be between 50 and 100 centimeters. We know that
the City of Manila lies at sea level. In fact, right now, when the rains combine with the high tide, we see that much of the City of
Manila is submerged in floodwaters. Imagine what it would look like if 100 cm of water were added to the mean sea level.

This applies to many of the coastal human settlements in the Philippines and coastal and island countries, such as, for
example, the Maldives, the Pacific Island States and the Netherlands. In Tonga, a collection of 175 small islands in the South
Pacific, the rise in sea level has already contaminated the drinking water supply of the central and northern islands. What the
people of Tonga face is what every other man, woman and child in the Philippines will face, and for that matter, everyone in
the world living along the coastline. The predicament was well articulated by the Environment Minister of the island state of
Niue, an island in the South Pacific. In an impassioned plea before delegates from industrialized countries at a UN Climate
Change Conference, Mr. Pokota Sipeli said, In our smallness and isolation, we cannot retreat nor evacuate to another island.

The two strongest typhoons to hit the Philippines occurred in the last 30 years. One occurred in 1971 and packed wind speeds
of up to a whopping 275 kilometers per hour. The other occurred in 1990 and was called Ruping, which flattened and
immobilized Cebu.

A preliminary analysis of the Philippines climatic temperature shows that it is now warming by one to three degrees Celsius. In
Iloilo, a province in the central region of the Visayas, the mean temperature increased by 0.5 degrees Celsius. What is even
more revealing is the change in the mean temperature of Aparri, a northern town on the island of Luzon, as well as in the City
of Manila, where an increase of a full one degree Celsius was recorded since the year 1920.

When humans burn gasoline and oil to fuel their motor vehicles and power plants, a variety of harmful gases and microscopic
dust is released. Prominent among these gases are carbon dioxide, carbon monoxide, sulfur dioxide, and nitrogen oxide. The
particulate matter released by the burning is so fine it is measured in microns.

Dust of microscopic size as well as the combined effects of the gases adversely affects the health and lives of some 1.3 billion
people in the world. The worst affected are the people who live in the urban areas where the air pollution level exceeds Worl d
Health Organization (WHO) standards, resulting in up to 700,000 deaths worldwide. China recently revealed that about
170,000 people die every year as a result of local air pollution. Places like Mexico City, Shanghai, and Metro Manila share the
dubious distinction of being among the top 10 cities in the world with the most polluted air. A World Bank study conducted in
the early 1990s estimated that the cost of air pollution of Metro Manila in terms of health cases is a staggering $200 million
every year.

Persistent Organic Pollutants (POPs) are chemicals in the form of organochlorides that do not decompose easily. Thus, they
are referred to as persistent. They are also capable of traveling great distances and are retained in plant and animal matter.
These chemicals are collected in the fatty tissues of animals. When the larger animals higher up in the food chain eat the
smaller animals, the POPs accumulate in orders of magnitude in the larger animals.

This is the characteristic of bio-accumulation or bio-magnification. The pollutant accumulates and its volume is magnified
as it ascends the biological food chain. These chemicals are now widespread in use, from insecticides to polyvinyl chlorides
contained in plastic to even the chloride that we use to disinfect our water. It is estimated that there are some 20,000
compounds of organochlorides floating in the consumer market today.

While their impact on animals and humans is still subject to debate, POPs have been linked to decreases in fertility by almost
1/2 of the sperm count in men in the subject areas of study. It has also been traced as the cause of stress and abnormalities
60
in the reproductive organs, cancer and immune deficiencies. Indeed, the secret of accidental population reduction may lie in
these chemicals. What would be unfortunate, however, is that man may have inflicted the damage on himself.

Sulfur is released by the burning of fossil fuel like coal and oil. When sulfuric gas collects in the clouds and mix with
condensed water vapor, it becomes sulfuric acid. When it falls into the ground as rain or snow, it is called acid rain. In 1990,
some 50,000 of the lakes in Norway were dead from acid rain, as a result of air pollution coming from other parts of Europe.

While scientists argue over how much the increase in sea level will be in the future and the extent of impact it will have on
human activity, they all agree about one thing: mans activities are the cause. With the burning of fossil fuels that he has
extracted from the earth in the 20th century, it seems that for the first time, man is affecting the very air that he breathes. In
centuries past, the impact was merely local. Today however, with too many people playing with fire, the impact is on a global
scale.

Pollution solutions
It now seems clear that the greatest long-term threat faced by mankind today is that of global climate change. If the problem is
that there is too much carbon dioxide in the air caused by too much burning, there is one simple solution: reduce the burning.

However, it is in the nature of humans not to heed the symptoms of ailments until after they develop into a full-blown disease.
By then, it is often too late. Just in case they want to do something about it, humans must first begin to understand that the
choices are not difficult. But these will involve having to change the way we have been thinking and doing things over the l ast
50 years.

One-third of all the carbon dioxide released into the atmosphere is from motor vehicles. The individualized motor vehicle with
an internal combustion engine as we now know it is pass, and on its way out. Even if humanity were to discover today a kind
of fuel that released none of the harmful gases, and tomorrow all the cars were to be replaced with it, there will still be a
problemcongestion.

As a strategic initiative, there is the possibility of increasing the price of gasoline and of transferring the revenues to more air-
friendly modes of transportation such as walking, bicycling, and experimenting with the car-ousel concept.

The matter of local air pollution is much easier to address. It only takes the enforcement of emission standards provided by
law. However, it must be understood that the enforcement of the regulatory standards for air quality is merely skirting the main
issue. Note for, example that Southern California (Los Angeles) has one of the strictest air quality standards in the world.
However, that does not prevent the air quality of Greater Los Angeles from being among the worst in the United States.
Neither does it prevent the metropolis from being transformed into a big parking lot during rush hour.

In the case of Metro Manila, motor vehicles account for 60-70% of the air pollution. The solution, therefore, lies not so much in
making fuel standards stricter, although it helps, but in removing as many cars from the roads as possible. In recent times, the
traffic congestion, and consequently the air quality of Metro Manila, has improved a bit. This is not because of the
improvement in the fuel quality nor of some brilliant traffic management system. Rather, it is because of the fact that the price
of gasoline is now much higher, and consequently there are fewer cars on the road.

There are three principal stationary sources of air pollution: power generation, cement and steel manufacturing. Once the air
quality emissions from these industries are addressed, a large chunk of the air quality will be immediately improved. These
enterprises have the financial capability to put up their own pollution control equipment or to institute environmental
management systems that will reduce their pollution emissions.

The polluter-pays-principle is one of the tools to compel compliance among industrial establishments and motor vehicle
owners alike. For stationary establishments, it means levying emission charges for every unit of pollution they generate.

For mobile sources, increasing the price of gasoline to such a degree as to discourage the indiscriminate use of motor vehicles
is the effective option. The revenue transfer mechanism to establish and operate air-friendly mass and soft energy-powered
transit systems is another option. Setting up a fund for the grants or loans to industrial enterprises for use in the establishment
of environmental management systems is yet another. Still another option is to use these funds to open up and improve the
sidewalk or establish a network of bicycle lanes. Encouraging walking or biking, especially for short distances, not only
improves the air quality; it also makes for a well-exercised and healthy people. A city or town can even purchase vacant lots
and abandoned buildings and convert them into pocket gardens or mini-forests that absorb the air pollution in the inner city.

Odor pollution from agro-industrial establishments such as piggeries, fish or coconut-processing enterprises is probably the
more difficult issue to address. First of all, odor is highly subjective. Second, the technological options for the mitigation or
removal of odor pollution are quite limited. One option, at least, for agro-industry, is to put up biodigesters and oxidation ponds
to control solid waste and odors.

All these solutions are the so-called end-of-pipe solutions. However, the real solution lies at the front end of the problem
the need for rational land use planning. Many legal cases have erupted because a residential community was allowed to be
set up right in the middle of an industrial area, or vice versa. Often, both are caught in a bind. On the one hand, if the industrial
establishment was there first, it would claim preferential right. On the other hand, the situation becomes more complicated
when the people living around the industrial establishment depend on the latter for their livelihood.
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A legal mind shift
In 1999, the Philippine Clean Air Act became a law. It contains language reflective of the change in the thinking attitude
towards air. Specific among its principles are the statements recognizing the polluter-pays principle and the need to formulate
a holistic national program of air pollution management. The language of the law also recognizes the role of public
information and the need for the active participation of citizens in the task of air quality management.

In this law, the polluter-pays principle is translated into legal language and effect. In one provision of said law, the government
is allowed to impose and collect emission charges from industrial and vehicular emissions. This is to be based, among others,
on the volume and level of toxicity of the pollutant emitted.
Here lies the regulatory tool that would generate additional revenues for the implementation of a more holistic approach to air
quality management. As it is presently worded, the uses of the Air Quality Management Fund that would be generated by the
emission fees are quite limited in scope. The uses are, among others, to support research, enforcement and monitoring
activities and improve the capabilities of the relevant agencies, as well as to provide technical assistance to the agencies.

Should the government really desire to use the funds for, say, an experiment in the establishment and operation of an ultra-
light rail transit system, the word research could be interpreted more expansively. This would immediately provide some
funds to mark out road lanes for non-motorized vehicles, car-ousel systems, land acquisition for sidewalk expansion, and other
like activities.

Of course, there is always the old-fashioned way of arriving at the desired solution: either by amending the law or simply
imposing additional taxes for the carbon emissions. What is here being shown is that a provision of the law is, and can be,
flexible if there is a desire to achieve a particular goal.

The Clean Air Act of the Philippines also sets the ambient and source emissions air quality standards. The word ambient
refers to the air quality of the entire surroundings, while the term source emissions refers to the air quality of the gas emitted
by a particular source.

The ambient standards are based on health considerations. These standards are strict and based on the lowest tolerance
level of a child. The act of setting emission standards in the law itself has some advantages and disadvantages. One school of
thought says that it is good to set stringent standards in the law itself in order to force technology to meet those standards. The
other school of thought says that the law should not contain the emission standards; rather, the specific and numeric
standards should be contained only in the implementing rules in order to allow for flexibility, taking into account the parti cular
circumstances and the setting where the emission is to occur.

Whichever school of thought one subscribes to, what is important in these standards is that the agency tasked with the
mandate must have the willingness and capacity to monitor and implement them. Otherwise, such provisions remain numbers
incomprehensible to the layman, quite useless to the implementors, and serve merely as tabular decorations of the law.

One of the innovations introduced by the 1999 Clean Air Act is the collective management of the airshed. The law provides for
the creation of an Air Quality Management Board to govern the airshed of a particular place. This Board is made up of
governors, mayors, representatives of concerned government agencies, non-government organizations, and the private
sector. The purpose of this Board is to plan, coordinate and prepare for and implement a common action plan.
In theory, this appears attractive and highly participatory. Implementation-wise, however, the composition and function of the
Board would be, to say the least, unwieldy. The problem is aggravated when no budget is allocated for its operation.

The right to healthy lungs
Within the Clean Air Act of 1999 is an innocuous, yet potentially powerful and empowering provision of law, the so-called
citizens suits provision. In this provision (Sec. 41), an ordinary citizen is given the power to file a legal action against the
violators of the law, and against the government officials who willfully neglects the directives mandated by law.

In brief, the law provides that any citizen may legally demand the cessation of pollution. He addresses the complaint to the
person emitting a pollutant, as well as to the government official concerned. After the lapse of a 30-day period and no action is
taken on the matter, the citizen may file suit in a court of law. The suit is exempt from the payment of filing fees and from the
posting of an injunction bond in the case where an injunction is asked from the Court. Moreover, the filing of a citizens suit,
which is normally in the nature of a civil case, is not a bar to the prosecution of the offenders for the criminal liability arising
from the violation. It also does not prevent the government officer from being held administratively liable for gross negligence.

The law also affords the citizen filing a citizen suit a great measure of protection from counter-harassment suits that may be
filed by the person responsible for the pollution. The law says that in case a counter-suit is filed against the person
complaining of the air pollution, the court or the investigating prosecutor shall make an immediate determination as to the
nature of the suit. If the court finds that the case was meant to vex and harass or stifle the person who complained about the
pollution, the case will be dismissed, and double damages and attorneys fees will be awarded in favor of the complainant in
the pollution case (who was the defendant in the counter-suit). In the US, this provision is called the anti-SLAPP suit.

While government officials are the convenient targets of a citizens suit, the Clean Air Act also introduces a shield of protection
for them. A government official who is sued as a result of his efforts or in the course of enforcing the same may invoke the
Anti-SLAPP suit provision. This often occurs in the Philippines, as well as in some other jurisdictions where violators seek to
62
avoid liability. Avoidance is often resorted to by extra-legal means or, when that does not work, by filing harassment suits
against the government officials to pressure them into submission.

The provision on citizens suit is a potent tool to empower the citizens. All it takes is a letter to the Mayor or the head of the
Department of Transportation notifying them of the pollution emissions of a certain entity and requesting that action be taken
within 30 days. The person alleged to be in violation of the air pollution law and the government officers concerned must
respond and take action. If they do not take any action, after the lapse of the 30-day period, they can be sued civilly, criminally,
and in the case of the government officials, also charged administratively.

Because the possible targetsthe polluters and the government officialswill never know whether or not the citizen will
actually file criminal, civil and administrative cases, the simple letter sent by an ordinary citizen will be enough to electrify those
concerned into taking the appropriate action. As far as potential or existing violators are concerned, nothing is more fearsome
than the knowledge that all eyes are on them, and that those eyes can quickly transform what they see into a legal action that
can cause them a lot of money and a lot more trouble.

Effort has been taken to make filing a citizens suit an exercise in filling in the blanks. Why this provision of the Clean Air Act
has not been disseminated and made known to the public at large is not a failure of the law but a failure in the information and
education campaign that should come before and after the passage of a law. To be sure, there is also a need for the lawyers
themselves to be educated in the mechanics of this law. In the first place, there should be lawyers willing to volunteer their
services, initially pro bono, in order to test this provision in a court of law. This is one simple project that a lawyers group, a bar
association or an environmental advocacy group can undertake with great ease, and yet, with great effect on air quality. This is
especially useful in eradicating, not just minimizing, the number of vehicles that belch irritating and highly polluting black soot.

The Investments Priorities Plan (IPP) annually prepared by the Board of Investments as well the Build-Operate-and-Transfer
(BOT) Law offer fiscal incentives for air quality improvement initiatives. The BOT law, in particular, lists mass rail transit
systems as one of the eligible projects for the BOT or Build-Operate-Own (BOO) scheme. In the matter of financing, certain
government financial institutions have set aside a lending window solely for environmental improvement, among them, for the
improvement of air quality.

One of the more controversial provisions of the Philippine Clean Air Act is that which appears on the surface to be a ban on
incineration. During the congressional deliberations on the Clean Air Act, a group of citizens, among them the activist group
known Greenpeace, lobbied strongly against incineration as a waste management option, citing supposed adverse effects on
human health. Since there was no strong countervailing position, the part that itches is always scratched.
Within the members of Congress, however, there were legislators who held the strong belief that a certain form of technology
should not be foreclosed, especially in the absence of safe, sound and practical alternatives. The resulting provision of the law
is a beautiful exercise in skillful legislative craftsmanship. Let us break apart the concepts and analyze the provision in greater
detail. The relevant provision of the Philippine Clean Air Act states that Incineration, hereby defined as the burning of
municipal, biomedical and hazardous wastes, which process emits poisonous or toxic fumes, is hereby prohibited... (R.A.
8749, Section 20)

This provision satisfies the passion of non-government organizations against incineration. To the uninitiated, the title and first
sentence of the provision appears to specifically and explicitly ban incineration. However, the situation is not so simple.

A cardinal rule in the art of legal interpretation is that a law and all its provisions must be interpreted in their totality. In order to
properly interpret this provision, therefore, it is necessary to examine the definition of the term poisonous and toxic fumes. If
you will notice, the term incinerator is qualified by the meaning of toxic and poisonous fumes. It means, therefore, that if the
incinerator process does not emit toxic or poisonous fumes, it is allowed.

To understand the meaning of the term poisonous and toxic fumes, it is necessary to search the section that contains the
definition of that term. Section 5(t) of the law states: Poisonous and toxic fumes means any emissions and fumes which are
beyond internationally accepted standards, including but not limited to the World
Health Organization (WHO) guideline values.

Thus, if the incineration method emits fumes that are within the WHO guidelines, it is not banned. By crafting the legislative
language in such a way, incineration options were not foreclosed altogether.

Then there is the last sentence of Section 20 of the law that encourages the thermal destruction of biomedical and hazardous
wastes. While incineration means the use of fire to burn solid matter, thermal destruction refers to the use of extreme heat to
cause disintegration. The common perception by industry and hospitals alike, even by some government agencies, is that
incineration is altogether banned. Nothing is farther from the truth.

The legal basis for the abatement of foul odor cannot be found in the Clean Air Act. As pointed out earlier, odor is a highly
subjective sense. In the case of odor, one has to resort to the common provision of the Civil Code on nuisances. To recall, a
nuisance is anything that is offensive to the senses, which, of course, includes the sense of smell.

CHAPTER 6
WATERS

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Sub: All life depends on bodies of salt and fresh water that cover most of the earth. Yet abuse and degradation are destroying
the marine environment and its inhabitants, and man has to fully understand that these resources are no longer unlimited

PART I: The Sea

Sub: Coral and mangrove destruction, overfishing, climate change and contamination are killing our oceans at an alarming
rate

THE EARTH is blue because it is made up mostly
of water. Three-fourths of the Earth is made up of water, and only 1/4 is made up of land.

Once upon a time, all life began in the sea. In the Earths 4.5 billion-year history, 3.2 billion of it is the story of life in the sea. It
was only about 250 million years ago when the Earths atmosphere became rich enough with oxygen to sustain l ife outside of
the water. It was about that time when creatures from the sea began to crawl out of the water, develop lungs and adapt to life
on land. Until today, there are perhaps some 10 million species of plants and animals in the sea, and man knows about only
2% of this.

In the story of human civilization, the sea was always the bank of food security and the pathway of transportation and trade.
Ancient cultures and modern cities sprang up along the coasts, where the supply of fish was abundant. Archeological diggings
from the sea-faring people of the Western Pacific reveal that the Homo erectus, our hunting and gathering ancestor, built boats
as far back as 800,000 years ago. Fossilized shells found along the coast of Peru also reveal that people harvested shellfish
from tidal pools about 12,000 years ago.

A sea of life
The sea is where we get much of our food supply. Nearly one billion people, most of them in Asia, rely only on fish for their
food protein requirements. A recent economic study conducted in the Philippines revealed that a single square kilometer of
coral reefs can produce as much as 35 tons of fish and aquatic life in one year. Protein-wise, this is enough to feed 700,000
people for one day. The same study also revealed that in terms of its economic and environmental value, that single square
kilometer of coral reef can generate as much economic benefit as US$120,000 a year. Nature blessed the Philippines with
30,000 sq km of coral reefs.

Philippine seas have the distinction of being the most biologically endemic and diverse body of seawater in the entire world.

While the total land area of the Philippines is 30 million hectares, the territorial sea is more than seven times that size, about
220 million hectares. The countrys coastal zone is 1.1 million hectares, where almost all its provinces are located, and where
60% of its people live.

But the sea also performs functions and services not immediately visible to the naked eye. Photosynthesis also converts the
suns energy into biological life that, in turn, provides sustenance to the food chain in the underwater world. The base of the
food chain in marine life is that tiny microscopic organism called plankton. Like any living thing, it absorbs carbon dioxide. As in
any other plant on land, photosynthesis converts the gaseous carbon into solid carbon matter and oxygen. Of course, the solid
matter that grows in the form of plants, and the oxygen released by these plants, are, in turn, the basic source of the gas and
food supply of all animal life in the water world. The sea absorbs carbon dioxide and sunlight, and then pumps it out as oxygen
and food.

There is an overload of carbon dioxide in the atmosphere from the burning of fossil fuels, and the oceans, like the forests, also
serve as a carbon sink. While much of the carbon is consumed by marine life and returned to the atmosphere through
respiration, the unconsumed carbon descends into the deep waters of the oceans where it is stored.

The oceans are so effective as a carbon sink that they absorb a large part of all the carbon dioxide emissions. Through the
course of the millions of years of the oceans natural history, its marine sediments are now said to contain about 15 million
gigatons of sequestered carbon.

We are also beginning to discover that certain marine species are potential sources of medicine for some of the most deadly
or troublesome human illnesses. In 1997, medical researchers ran across a new compound in dogfish sharks that stops the
spread of cancer by cutting off blood supply to tumors. It has also been discovered that the substance Didemnin, which is
derived from sea squirts, is effective against a broad range of viruses which cause colds, herpes, or meningitis.

In 1999, researchers from the University of California in Sta. Cruz tested a certain substance called diazonamide A for its anti-
cancer properties. It has been scientifically determined that under laboratory conditions, diazonamide A kills cancer of the
colon. First described in 1991 by marine chemist William Fenical of the Scripps Institute of Oceanography, this chemical was
isolated from a soft-shelled animal known a Diazona chinensis, found in an underwater cave in the Philippines.

For the last
seven years, researchers have been trying to synthesize the substance found within the tissues of this shell.

The shallow portions of the sea also serve to cushion the impact of storm surges from the sea and regulate the terrestrial
climate with their cooling effect. A recent international study revealed that almost 65% of the Earths environmental goods and
servicesvalued at about US$21 trillion annuallywere provided by the coastal zones and its surrounding seas.

Abuse of the oceans
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At the launch of the UN Year of the Ocean in January 1998, more than 1,600 marine scientists, biologists, conservationists,
and oceanographers gathered from all over the world. Together they issued a common statement entitled Troubled Waters.
The statement reiterated the fact that the most serious threats to the health of the seas were caused by humans. It also called
attention to the threats and the dangers of humanitys abuse of the sea. It was then that they articulated the phenomenon of
too much overuse, abuse and neglect. Over-use is when we take too much, e.g., over-fishing and habitat destruction. Abuse
happens when you put in too many pollutants like raw sewage and toxic chemicals. Neglect results in unintended
consequences such as climate change and invasive species.

The modern-day irony of fishing is that, while the fishing methods seem to have become ever efficient in increasing the catch,
they are now also the more wasteful. Large quantities of fish, about 20 million tons or a quarter of the whole fish catch of the
world, are thrown away every year for being undersized, or for being a non-marketable species or sex, or for simply being an
accidental by-catch. Some of these innocent bystanders are also among the most endangered species, such as dolphins
and marine turtles. When we eat shrimps, for example, little do we know that shrimp trawlers catch these with fine-mesh nets.
For every kilogram of shrimp caught, kept, and eaten, as much as five kilograms of fish by-catch are also caught and thrown
away.

On the surface, over the last 50 years, the worldwide production of fish appears to have grown six times over, reaching an all-
time high of 120 million tons in 1996. But today, three out of the four major fish species in the world have been over-exploited
to the point of depletion. Eleven out of the 15 most important fishing areas in the world have been completely exhausted.

In addition to depleting our natural fish supply, over-fishing poses a serious biological threat to the health of the oceans. Over-
fishing only one kind of fish, like tuna, disrupts the natural interdependence of predator and prey. It results in an unnatural
explosion in the population of other marine species in the lower rungs of the food chain which the tuna relied on. The long-term
impact of the imbalance results in a permanent change and damage to the ecological system and natural balance of marine
life.

Take the case of the coral reefs of the Caribbean Seas. Pufferfish and triggerfish were over-harvested as souvenirs for the
tourists who visited dive sites. The almost total removal of these kinds of fish from the marine ecosystem disrupted the heal th
of the coral reefs themselves. Without the pufferfish and the triggerfish as natural predators, the natural preythe thorny sea
urchinsexploded in numbers and suffocated the algae upon which the coral reefs themselves depended for food. Eventually,
the suffocated corals died. With the corals went the reason for the scuba divers to visit. In the end, the diving tourism industry
suffered, and so did the economic base of the people.

Take the shark, a shy and harmless creature that is 400 million years older than man. Of late, sharks have suffered very bad
press from silly movies and even sillier culinary habits. A movie shown in the 1970s, and viewed by practically the entire world,
played on peoples fear of sharks. The author of the book on which the movie was based has since regretted having written
the story, and has been going around the world working for the conservation of sharks.

For reasons such as these, sharks have been hunted to near extinction. Yet, in the Philippines, a place with many kinds of
sharks, one has yet to find a documented incident of a fatal shark attack.

On the other hand, estimates indicate that as many as 100 million sharks are killed all over the world every year. In a singl e
study conducted on Hawaii-based long-line fisheries, some 61,000 blue sharks were killed in 1998, 25 times more than the
2,300 caught in seven years ago. And this figure was only for sharks caught by fishermen from Hawaii, and does not include
the sharks killed elsewhere such as in the seas of the Philippines, Indonesia, Thailand and other parts of the world.

Sharks are magnificent creatures. Their anatomy is hydrodynamically efficientthere are no wasted movements when they
swim. The physiology of the shark is also quite fascinating. It was recently discovered that sharks are immune to cancer. Just
as the tree is the climax species of plant life, the shark is the climax species of underwater life. In the food chain of marine life,
sharks occupy the topmost position.

What seems to be a fearsome animal of the sea, in size and in name, happens to inhabit the Philippine seas from the
months of January to May every year. The whale shark, the largest fish in the world which grows up to 15 m in size and can
weigh up to 12,500 kg, is a most gentle creature. It only feeds on plankton, krill (small shrimp), and occasionally, some small
fish. Its soft meat is a delicacy for the Taiwanese, who call it doufu sha (shark tofu).

Endangered habitats
The line where the land meets the endless sea is a most active and productive area known as the coastal zone. This zone has
characteristics that are unique in the ecology of the sea. It is where the waters of the sea mix with the Earths nutrients, which
fall from the mountains. The regulated flow of nutrient-bearing soils from the highlands allows for the growth of marine life. The
shallow parts of the coastal zone, being more exposed to energy-giving sunlight, are also home of the coastal ecosystems: the
coral reefs, mangrove forests, and sea grass beds.

Corals are polyps, a simple form of animal consisting largely of a stomach and a mouth with fingerlike tentacles around the
edges that are used to gather food. They are colonial in nature in that when they find a hard surface such as a rock, the coral
larvae attach themselves in great numbers. As they multiply, they produce limestone skeletons that grow into large, stony
structures called a coral reef.

65
Corals grow very slowly, adding only a few centimeters of mass in one year. During the day, most coral polyps stay inside their
skeletons. At night, their tentacles come out and wave around to catch their food. The food of coral polyps is mainly plankton
or other tiny sea creatures that float by. Corals also have tiny algae living within them, single-celled organisms that also supply
food for the coral and help it produce the chemical needed to form the calcium-hardened skeleton. Part of its food also comes
from tiny microscopic plants called zoothanthellae.

The coral reefs provide shelter to fish and serve as a base for the plankton, algae and other microscopic plants that they host.
Because there is such a community around the corals, larger animals also gather in and around the reefs to form an intricate
web of interdependent lives. In terms of biological wealth and diversity, coral reefs have been likened to the tropical rain forest,
except that life in the reefs is much more abundant.

The coral reefs may be classified as those that fringe the land mass (fringing corals), those that occur some distance out into
the sea (barrier reefs), and those that are isolated in deep water to form a ring with a central hollow lagoon known as an atoll.

The coral reefs of the Philippines contain an estimated 488 species of corals and almost 1,000 species of bottom-dwelling
algae. Marine life is highly dependent on coral reefs: Almost 1/3 of all the fish species live in coral reefs, while others depend
on the reefs and sea grass beds for food during various stages of their life cycle. A single square kilometer can produce as
much as 35 tons of edible aquatic life per year.

In fact, 55% of the fish consumed by Filipinos depend on coral reefs. In fact,
the bulk of the fish catch in the Philippines is taken from the nearshore areas where mangroves, sea-grass beds and coral
reefs abound.

One square kilometer of excellent coral reefs producing a conservative 15 tons of fish can feed 300,000 people for one day,
and generate as much as US$120,000 per year. The Philippines once had a healthy coral reef area of 30,000 sq km. Today,
less than 5% of that wealth remains.

Mangrove forests are a different story altogether. They are a community of trees partly submerged in sea water, populating the
tidal flats of the coastal zone. Tidal flats are the areas in the coastal zones that are submerged during high tide and exposed
during low tide. These areas are also known as the foreshore. What distinguishes a mangrove area from an ordinary
foreshore area is that the former is populated with the mangrove species.

Mangrove is a generic term for the wooded and palm plants that grow in the seams of land and water. There are freshwater
mangroves and seawater mangroves. What is common to the Philippines is the seawater mangrove.

There are 41 species of
mangrove trees and associated plants identified in the Philippines. These mangrove areas are critical links in the chain of the
marine ecosystem.

Mangroves occur only in tropical and subtropical climates and coastlines. It is estimated that globally, there are about 150,000
sq km of mangroves left, less than 50% of the worlds original area. And this is being lost at an average of about 5% per year.
That simply means that in the next 10 to 20 years, there is a great danger of wiping out most of the mangrove forests left in the
world. In a span of only two years, between 1994 and 1995, the Philippines lost 1,200 sq km (120,000 hectares) of mangrove
forests. Most of them were cleared to make way for fishponds and aquaculture. Of the original 5,000 sq km of mangroves
found in the Philippines, approximately only 1,000 sq. km. are left, of which only about 300 sq km are estimated to be original
old-growth mangrove forests.

What accelerated the destruction in places like the Philippines and Thailand was the economic demand to grow prawns for
export. In the 1980s, the price of prawns shot up in the export market, a market that consisted mainly of Japan. Those who
had access to mangrove areas applied for fishpond leases and converted the mangroves into prawn farms. The farms made
intensive use of artificial feed and large volumes of freshwater. This colossal use of water was particularly damaging to the
very delicate water table and aquifers in the coastal zone.

With everyone going into prawn farming during its boom years, there resulted an over-supply of prawns in the market. This
was further aggravated by the fact that there was practically only a single market. When the demand in Japan subsided,
coupled with the downturn of the countrys economy in the 1990s, the price of prawn became an excellent example of an
economic Humpty Dumpty. Farmers and their capitalists who had earlier cut down, cleared, and converted mangrove areas to
highly intensive prawn culture lost serious money and abandoned their farms.

An essential link between the coral reefs and the mangrove areas are the grasses of the sea. The physical structure of sea
grass makes it suitable as a spawning and breeding ground and nursery. It also serves as a refuge for the young marine
creatures from their natural predators. Shrimps, crabs, scallops, sea urchins, sea cucumber, mussels, and snails are some of
the aquatic life that find protection in the sea grass beds. They are the habitat of endangered sea turtles such as the Olive
Ridley, green sea, loggerhead and flatback. It is also the main food source of the highly endangered sea mammal of the
Philippines, the dugong. This sea cow is almost completely herbivorous, and relies mainly on sea grasses for its food.

Like the other links in the chain of the coastal ecosystems, sea grass beds are declining worldwide at an alarming rate. In the
last 50 years alone, Thailand lost 30%, while Indonesia lost 40% of its sea grass beds. The Philippines has the dubious
distinction of being topnotcher of the three for having lost half of all its sea grass beds.

A dumping ground for wastes
Because the sea is close to the land, the nutrients that flow from the land and the soil enrich the marine life of the coastal
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zones. It is this access to a rich food supply that attracts people to live close to the coast. Today, about 2.4 billion people live
within 100 km of the shoreline.

Natural sedimentation is beneficial and is a process that enriches the sea and its marine life. However, the activities of man
resulting in deforestation and erosion clearing have been identified as among the principal causes of marine degradation. By
the action of gravity and the rain, the soil is transported into the waterways and eventually brought all the way out to the sea. In
the sea, the sediment accumulates and smothers the sea grass beds and the coral reefs, all of which eventually die. In studies
conducted in high-sedimentation areas, erosion and the resulting siltation is half the cause of marine resource depletion.

It has been determined that half of all marine pollution comes from rivers, canals, and sewers. These waterways carry not onl y
industrial wastes; the bulk of all this dirt comes from human settlements along the rivers, creeks and lakeshores and
seashores. It is estimated that of the six billion people in the world today, five billion do not have access to sewage treatment
systems.

Let us take the case of a coastal metropolis in Asia that has a population of 10 million people. Inasmuch as each and every
one will discharge about 50 grams of human waste per day, the 10 million people would, therefore, be discharging 50,000 kilos
of human excreta every day. A study conducted on the sewage system (or lack of it) in this metropolitan area revealed that the
metropolis discharged about five million gallons of raw sewage per day into the nearby bay.

The waste generated by the human consumption of consumer products also finds its way into its waters. Fishermen in
Manila Bay will attest to the fact that for every 10 kilos they catch with their nets, nine kilos is made up pure and simple
garbageplastic, wrappers, styrofoam, cans, rubber, plastic bottles, torn slippers. The excess nutrients that accumulate in the
sea from heavy erosion and the continuous loading of nutrient-rich organic wastes take their toll on the chemical and physical
balance of the sea.

There are different kinds of algae in plant form: green algae, brown algae and red algae. All of them are naturally present i n
sea water. In fact, they are part of the delicate balance of the interdependencies in the food chain of marine life. However,
when a particular algae is excessively fertilized by nutrients way beyond the tolerable limit, an outbreak of its own populat ion
takes place. This results in what is known as an algal bloom.

When the red algae is unduly fertilized and goes into an algal bloom, the color of the sea appears to be red, earning for itself
the label of red tide. While red tide is a natural phenomenon and has been recorded since Biblical times, the frequency
and severity of occurrence has increased in the last two decades. In recent times, there has also been the mysterious
appearance of a novel kind of red algae that is quite toxic.

The effect of ingesting this toxic red tide is what lands on the front pages of newspapers and in the headline stories of the
airwavespeople get sick and die. The first symptom of the poisoning process is the numbing of the lips, tongue and mouth.
This is followed by a disorder in the nervous system that paralyzes the muscles of the heart. In time, this leads to cardiac
arrest.

The details on the causes and effects of red tide are still under study. However, this much is known: Red algae is part of the
diet of marine organisms such as fish, crabs, shrimps, mussels and oysters. The fish, crabs, and shrimps are able to expel the
excess red algae from their system through the lower ends of their digestive canal. Mussels and oysters, however, do not
have an anus through which to expel the excess algae. When these are caught or harvested and then eaten by man, the toxin
is already in concentrated form. When the chemical imbalance occurs in the physiological system of the human body, what
follows is paralytic poisoning resulting in death.

Marine scientists have linked the recent outbreaks of red tide to the increased loading of nitrogen and phosphorous from
nutrient-rich wastewater and excessive agricultural run-offs. This is especially noted in areas that are poorly flushed by
currents, such as semi-enclosed bodies of water like gulfs and bays. There appears to be a direct link between the volume of
human wastes dumped in the surrounding waters and the incidence of red tide poisoning. Between the years 1976 and 1986,
the population living in the vicinity of the Tolo Harbor in Hong Kong increased sixfold. Of course, nutrient loading also
increased. In the same period, the annual incidence of red tide episodes increased eight times.

For Manila Bay, preliminary findings indicate a causal link between the level of pollution and frequency of red tide occurrences.
In other cases, red tides follow in the wake of a heavy concentration of fish farms. In their artificial enclosures, the fish in fish
pens must be intensively fed by nutrient-rich organic feeds. Between the excess feeds unconsumed by the fish and the wastes
that the fish expel, the volume of nutrients in the sea is increased, and it floats around and unduly fertilizes the red algae
normally occurring in the surrounding sea. Worldwide, the incidence of paralytic shellfish poisoning has doubled from 1970 to
1990, as the red algae carrying the mysterious toxin spreads from the northern hemisphere to the south, in such places as
Hong Kong and the Philippines.

There are other things that we also put into our seas: synthetic chemicals, non-biodegradable substances, and other kinds of
toxic and hazardous industrial wastes. We have seen how persistent organic pollutants (POPs) are carried by the winds and
accumulate in the fatty tissues of the fish in a process called bio-accumulation. As animals higher in the food chain eat the
fish, the pollutant accumulates, and its volume magnified by the number of fish eaten by the higher predator. At every step of
consumption, the level of concentration is increased.

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Naturally, those in the higher rungs of the food chain get the total volume of the POPs ingested by the life forms in the lower
rungs. In animals at the top of the food chain (seabirds, polar bears, and people) scientists have found accumulated
concentrations of 100 to 1,000 times the input level of chemical concentration ingested by the animal at the bottom of the food
chain. These chemicals are highly volatile in warm temperature. Thus, POPs tend to move from the south to the north, and to
the higher and colder altitudes. A survey conducted among the native Inuit people in the Baffin Island of northern Canada,
people we commonly call the Eskimo, revealed an alarming level of POPs in their blood. It was discovered that the main diet of
the Inuit people, meat from walrus and seal, contained high levels of pollutants resulting from bioaccumulation. The pollutants
were identified as toxaphene and chlordane, two insecticides long banned from use in the United States. Medical examination
revealed that the Inuits blood levels contained the pollutants 20 times higher than the tolerable health limit. Of course, these
people were not the users of these chemicals. They were transported in gaseous form all the way from the USA.

In a cutting-edge study, POPs were implicated in a range wide of animal and human health abnormalities, such as the
suppression of the immune systems. Like the AIDS virus, it breaks down the bodys ability to resist ailments. With the immune
system disabled, even a simple cold can become full-blown pneumonia. POPs have also been linked to the disruption of the
endocrine system.

The book entitled Our Stolen Future, published as a result of this study, may well signal the advent of an interesting
phenomenon: man-made chemicals may yet become the accidental cause of human population control. In countries located in
the northern hemisphere, sperm counts of human males have been reduced by as much as 40-50%, from an average of 130
million spermatozoa per ejaculation to only about 65 million.

In a well-documented 20-year research carried out in China, it
was reported that environmental pollution caused a 10% drop in the quantity of the living sperm cells among Chinese. It was
further reported that the volume of sperm released during ejaculation dropped by almost 20%. What a beautiful irony it would
be if the very chemicals that man made to help himself would be the cause of the reduction, or even the extinction, of his race.

The climate and the environment
Marine life is extremely sensitive to temperature changes, climactic shifts and the undue modification of atmospheric
conditions. The thinning ozone layer above the Earth allowed for the more intensified penetration of the ultraviolet rays int o the
sea, thereby increasing its ambient temperature.

Scientists have linked the latest phenomenon of coral bleaching to an increase in the temperature at seas surface by a mere
one degree Celsius. The excess sunlight adversely affects the growth of the base of the food chain, planktons. It has also
been confirmed that the impact of increased ultra-violet radiation damages the larvae of crabs, shrimps and some kinds of fish.
A double-strike against both the larval development of marine life and against its food base will have quite catastrophic
consequences.

When corals are subjected to the stress of warm water, they expel more than normal of those tiny plants called
zoonxanthallae, otherwise a beneficial part of the food chain in a marine ecosystem. The excess volume of these plants
results in giving the corals the appearance of having been bleached. The growth of the corals is stunted and also prevents
them from reproducing. The process was first documented in the mid-1980s, during and after the 1982-83 El Nio, when the
temperature of the sea surface increased by one degree Celsius.

It has also been recently observed and documented among
the coral reefs in the Philippines.

If the glaciers melted, they would transfer water to the sea. These glaciers: they contain twice the volume of freshwater that we
find in aquifer, lakes, rivers and in all of the rainfall at any given time. The documented incidents have been many. In 1994, a
large portion of Antarctica melted. Again, in February 1998, a large sheet of ice in Antarctica fell off into the Southern Sea.

From March 1998 to March 1999, two more large sheets of icenearly 3,000 sq kmcollapsed.

Other disturbing trends have also been recorded. In India, the Gangotri Glacier is retreating at almost 100 feet per year. In
Russia, half of all the glacial ice has disappeared over the last 100 years. A NASA high-tech study and aerial survey shows
that more than 11 cubic miles is disappearing from the Greenland ice sheet every year. That is equal to about 1.25 trillion
gallons. By itself, that volume of water is enough to raise sea level by 0.13 mm a year. In Peru, the Qori Kalis glacier in the
Andes Mountains is also receding by 100 feet per year, seven times faster today than in the 60s and 70s.

In a futuristic film made in the 90s, Waterworld, the main protagonist finds himself in a world almost totally made up of
seawater. While it did not do too well at the box office, a copy of this movie must be preserved in the archives of the film
industry and of humanity. When, a mere 200 years from today, our descendants will view it again, we can only imagine what
they will have to say. They will see how irresponsible their forefathers were not to have seen it coming.

El Nio is a Spanish term which, when transliterated, means the child. It was coined by Peruvian fishermen because of its
occurrence on or about the Christmas season, the traditional birth date of the child Jesus Christ. The El Nio is technically
also called the El Nio Southern Oscillation. It takes place when the trade winds and the surface currents in the seas of the
southeastern and Central Pacific Ocean change direction. The La Nia is the reverse phenomenon.

As a result of El Nio, warm surface waters collect in the eastern Pacific. They prevent the cold waters from upwelling, which
would have been the normal flow and flotation of cold water from the deeper parts of the Pacific Ocean. This results in the
building up and hovering of a low-pressure area over South America, collecting heat and moisture that would otherwise, have
been distributed elsewhere around the globe. Because of the concentration of heat and moisture in one place, the climates
delicate balance is disrupted. Severe weather patterns result in other parts of the world, from increased rain or snow and
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heavy flooding to drought and forest fires. The inverse of this phenomenon is the La Nia, which results in massive rainfall.

Scientists are still trying to determine the cause of this phenomenon and what triggers the shift in tidal and current flows.

The
most reasonable explanation appears to be that the El Nio is actually a normal phenomenon that naturally occurs in the
atmosphere. However, the theory goes on to explain, because of all the gaseous waste that we have placed in the air and
atmosphere, the normal balance is disturbed. Thus, the intensity of this otherwise natural occurrence is increased to the point
of being destructive to human life and human activities.

What has been the subject of study at a more intense level is the economic impact of El Nio. The dry season is often
prolonged into an extended drought. During the 1997-1998 El Nio, Argentina alone lost more than US$3 billion in agricultural
products, while Peru reported a precipitous 90% drop in the harvest of anchovies. In the Philippines, losses because of El Nio
have been estimated in the tens of billions of pesos.

Unwanted invasion
Imagine if we introduced 100,000 mature piranhas into Laguna de Bay. The piranha, a carnivorous fish from South America
with no known predators in this part of the world, will naturally consume much of the fish and other aquatic life in the Lake. In
time, they will multiply to such an extent and in such great numbers that they will soon become the more dominant species. In
the process, the population of the native fish of the Lake such as the kanduli and the dalagang bukid would be wiped out.

This is an example of species invasion. Foreign species that are introduced into a different environment are also called exotic
species, as distinguished from the native (or indigenous) ones. Over the last 30 years, invasive species have become a cause
for increased concern. An aquatic environment subjected to an invasion of foreign species is like a virus invading a human
body. Like a weakened human body, the natural resistance system malfunctions, thereby resulting in the increased
susceptibility of the organism to the slightest ailments. An aquatic environment weakened by invasion of exotic species also
becomes highly vulnerable to systemic malfunction.

This is what happened in the Black Sea in southeastern Europe. Weakened by a combination of habitat degradation and
pollution, the Black Sea was ripe when it was invaded by the American comb jellyfish unknowingly set loose by the ballast
waters of ships calling at its ports. With no natural enemies and predators in this new environment, the jellyfish flourished by
feeding on fish larvae and the tiny animals upon which the small fish fed. The population of jellyfish exploded and reached a
total mass of some 900 million tons10 times the annual fish harvest of the entire world. This in effect, wiped out nine of the
10 marine species in the Black Sea, including the majority of its commercial fish stocks.

The process of invasion by alien species through the ballasts of ships goes something like this: Ships normally take in water in
their ballast tanks to provide stability and balance when the cargo hold is empty. Upon reaching port, the water in the ballast
tanks is flushed out and the cargo is loaded.

However, it is not just seawater that is taken in and flushed out by the ballast tanks. Whenever the boat takes in seawater, the
marine organisms in that body of water are also sucked into the tanks and stay there during the trip, all the way to the boat s
destination. Upon reaching port, the boat releases the water, and with it, the accidental hitchhikers are also released into the
new aquatic environment.

Since the ports and harbors are usually located in relatively enclosed bodies of water such as gulfs, bays, and coves, it is
difficult for the foreign species to easily escape from this new environment. Of course, even they are able to leave the semi-
enclosed body of water, it is practically impossible for the marine organisms to return to their original home because of the
distance traveled by the. In effect, therefore, the foreign organisms took a one-way trip. They either die, or, as in many cases,
adapt and establish themselves to their new marine environment.

Globally, it is estimated that several thousand species of aquatic life are in ships ballasts at any given time. The sea waters of
the US alone receive at least 56 million tons of discharged ballast water every year.

A recent study done on the city by the
bay revealed that San Francisco Bay, with its hourly docking and undocking of ships from the seven seas, contains about 234
invasive species, introduced into the bay at the rate of one every 14 weeks.

PART II: A Sea of Problems

Sub: Illegal fishing methods and commercial fishing are hurting our oceans, but effective leadership and law enforcement can
provide the necessary defense

THE situation of the Philippine Seas painted above mirrors the threats faced by global fisheries and marine resources.

Cases
of over-fishing, habitat degradation, and pollution of the waters are among the better-documented causes of these threats. But
destructive fishing methods also persist until today, in the form of blast (dynamite) fishing, cyanide fishing, trawling, muro-ami,
dragging heavy weights or chains through the coral reefs, the illegal use of superlights, and the unabated intrusion and
poaching in the municipal waters.

Death by fishing
Blast fishing used to be called dynamite fishing because, at one time, dynamite was largely used to carry it out. The hand
grenades and other explosives left by the Japanese and American forces after the Second World War provided the convenient
materials. Lured by the easy and plentiful fish catch, and thinking that the fish supply was limitless, Filipino fishermen bl asted
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away their most valuable natural treasures, the coral reefs. Later on, with the increasing difficulty in obtaining dynamite,
ingenious Filipinos resorted to the use of ammonia, an ostensibly harmless substance, as a substitute for gunpowder. The
substance is known as ammonium nitrate, and is widely available in agricultural supply stores.

In addition to permanent damage to the corals, which may take as long as half a century to restore, blasting kills all the other
small fish and aquatic life in the vicinity of the blast, animals which are not considered useful to human needs. In the realm of
military science, they are referred to as collateral damage. In the terminology of fisheries, they are the by-catch. Fish caught
from blast fishing bear the marks of severe trauma. They have a soft body texture, a result of the massive concussion; red
eyes, a result of the blood that shoots up to the eyes upon impact; and a crushed skeleton, liver, intestines and other internal
organs, as a result of the shock waves.

Almost unheard of 15 years ago, fishing with the use of cyanide is now reported in reef fisheries from Eritrea in the Red Sea,
to Fiji in the South Pacific, and the Philippines in East Asia. Sodium cyanide is mixed with water and placed in a small plastic
container, usually a plastic ketchup dispenser. The fisherman dives into the water and approaches a reef, and where there is a
profusion of fish, squirts the contents of the dispenser. When the fish ingests the poison, they are stunned into temporary
paralysis, making it easier for the fishermen to catch them. The stunned fish is then placed in plastic bags filled with seawater.
On board the fishermans boat, the plastic bag is oxygenated and the groggy fish is revived. The fish is then quickly
transported to sellers of high-priced marine aquarium fish or to the expensive banquet tables of rich Asian countries.

The effect of cyanide on the sensitive coral line life is a different story. The coral reefs that are touched by the dissolved
cyanide are doomed. The first thing to perish is the reef algae, on which the fish feed. Days later, the living coral starts to
expire. Soon the reef loses its function as habitat for the fish, which eat both the algae and the invertebrates that cling t o the
coral. The reef is converted into a bleached graveyard. Soon, its skeletal remains become brittle, and are broken up into
pieces by the pounding action of the waves.

Bad as it is, the destructive impact of cyanide and blast fishing is seen as less harmful in its overall effect than lead-weighted
trawling. In trawling, the fishing method consists of dragging chains and nets across vast areas of the ocean floor or sea bed,
sweeping up everything in the way. With the bulldozing of all bottom-dwelling species, local fish diversity is drastically reduced
and the balance of demand and supply in the food chain is disrupted.

The muro-ami fishing method is equally destructive. This technique consists of using weights to pound on the corals to scare
away the fish. Once the schools of fish are disturbed enough to float, they are carried downcurrent, where fishing nets await.
Not only is the volume of unintended and wasted by-catch unacceptably large, but the impact of the weights on the coral
formations is obvious. In the 1980s, the muro-ami fishing method was exposed not only for the destruction it caused but also
for the employment of minors in hazardous underwater diving conditions, which often resulted in death. Muro-ami operators
were known to recruit boys as young as 10 years old from impoverished coastal towns in the Visayas. The boys are sent on
these underwater dives with no training and no protective gear to handle the fishnets.

The pa-aling method was supposed to be a benign substitute for muro-ami. The technique is supposed to use bubbles,
instead of rocks and lead, to scare the fish away from the coral reefs and grab them in nets. In 1998 and 1999, however, pa-
aling workers who escaped the miserable slave-labor conditions of a fishing operation described their method of fishing as the
muro-ami method of pounding on coral reefs, and not the approved government and prescribed pa-aling technique. In a sworn
statement executed by one of them, the deadly efficiency of the fishing method used was confirmed. In it, the fisherman stated
that, after they hauled in the big net, they could not see a single fish left in the area where they operated.

The fisherman also
stated that after the entry of pa-aling fishing boats, three or four years would pass before the fish would return because even
the fish eggs are destroyed.

Other forms of destructive methods are what is known in the Visayas as the zipper and the hulbot-hulbot. Another kind
involves the use of superlights. The use of light several thousand watts bright stuns the fish, and the catch becomes
indiscriminate and wasteful. Despite the strict regulation of these fishing methods, many still persist because of poor
enforcement.

Under the law, large commercial fishing boats are not allowed within the 15-km zone from the coastline. The policy objective of
this law is to reserve the area for small-scale and subsistence fishermen as well as to protect the fishery resources from
intensive fishing operations. However, since there are neither boundary markers in the open sea nor any effective surveillance
equipment to monitor the movement of commercial fishing boats (CFBs), this law is observed in the breach.

Why do all these acts, destructive as they are, continue almost unabated? Often because of sheer government indifference as
evidenced by the meager resources allocated for operations against illegal fishing. Sometimes, it is also because of the
attitude of local government officials and front-line law enforcers who choose to look the other way. This is especially the case
where the culprits are the political ward leaders of the local officials, or sometimes, their own relatives and friends.

From destruction to protection
The sea is a living thing. It is filled with life; it is finite; it is delicate; and it is beginning to tell us the story of suffering. It was also
here long before we came around; it will be here long after our arrogant species has become extinct.

The sea was once considered so vast and so boundless that the principle of mare liberium (freedom of the seas) was
developed, first articulated by Hugo Grotius, a Dutch lawyer, and has since gained wide acceptance. In the 17th century, the
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Spanish and Portuguese tried to lay exclusive claim to trade with Asia and its Spice Islands. Grotius, representing his client the
Dutch Trading Company, argued that the sea was common to all, and that because it was so limitless, it could not become
the possession of (any) one... whether... (for) navigation or (for) fisheries.

Although credited by scholars for the advancement of the international law principle of freedom of the seas, there was actually
nothing new in the theory. The concept dated back to early Roman law, and was long practiced in Asian maritime societies.
The naturally friendly and commercially fair Asian peoples had long welcomed everyone who sought peaceful trade with
themthe Spanish, British, Portuguese and the Dutch. Trade between Asian countries predated any form of trade with the
Europeans by a good millennium. Jewelry, vases, and other artifacts unearthed from archeological sites in the Philippines are
evidence of such trade.

However, the European visitors were not satisfied with merely being guests. Instead, they sought domination and became
Asias conquerors and colonizers. The principle of mare liberium has been used to justify not only freedom of navigation but
also the freedom of, and license to exploit without regulation.

A new paradigm which carries with it the moral duty to care for the sea is needed at this time. We must advance the model
from mare liberium to mare nostrum (our seas). Under this paradigm and operating principle of law, the sea is considered the
source of life and, as such, must be the object of collective care by all humans. The legal principles of this paradigm shift are
beginning to take shape in the provisions of the UN Convention on the Law of the Sea (UNCLOS). The Philippine Fisheries
Code also articulates the need for marine conservation and food security.

While the law states that no commercial fishing is allowed within municipal waters for the reasons earlier stated, this law has
been generally ignored and violated, for several reasons. First, because it is difficult to determine the boundary lines of the 15-
km zone encompassed by the municipal waters. Second, the local government units have no effective surveillance system to
monitor and apprehend commercial fishing boats intruding into their waters. Third, the small motorized outrigger boats often
used by coastal municipal governments in their own Bantay Dagat (Sea Watch) patrol efforts can barely go beyond five
kilometers out to the open sea, especially during the heavy monsoon winds.

Fourth, cost and navigational considerations make
it difficult and unfeasible to set up buoys in the 15 km margins.

Defense against commercial fishing boats
What are some measures that can be used to prevent the commercial fishing boats (CFBs)

from continuous intrusions and
fishing in the municipal waters?
1) Physical mappingIn cooperation with NAMRIA and using their maps, identify and mark the 15-km band of the municipal
waters.
2) Social mappingIdentify the owners and principal stockholders of the CFBs, (i.e. the Chairman of the Board; CEO; the
majority stockholder/s, and other officers). These are the people who will have the biggest stake in the enterprise and make
the major decisions for its operations.
3) Institutional linkagesLink up with the Maritime Industry Authority (MARINA), the agency that issues the certificate of
seaworthiness for commercial boats. Find out whether a GPS is required to be used by all vessels. Whether or not it is
required, the common navigation skills of the crew will, for all practical and legal purposes, be more than enough to let
everyone know that the areas identified as municipal waters are off-limits for commercial fishing operations.
4) Enforcement paradigmShift the enforcement operation from the physical to the psychological. The Bureau of Fisheries
and other enforcement officials can then conduct a dialogue with small groups of commercial fishing boat operators over lunch
or dinner. Meeting in small groups starting with the big boys over a meal has distinct advantages in the dynamics of human
psychology. The meeting is culturally appropriate, as the discussion is more personal and intimate. It helps avoid public
confrontation and posturing. It takes advantage of the psychology of food, as a person who has eaten the food of
another will always be susceptible to friendly suggestion. It is an expression of political will, and it is an efficient use of
resources.
5) Airborne PatrolThere being minimal resources for sea-borne patrol operations, surveillance could be shifted into the air. It
may be necessary to deputize pilots from the Air Force and from the private sector to assist in the conduct of continuous
surveillance and monitoring operations against commercial fishing boats intrusions. A system must then be developed for
them to report any intrusion into the municipal waters, to a central, quick-reaction base. Empower large numbers of people to
watch over potential violators so that the commercial fishing boat operators will know that there are many eyes watching them.
6) Medium and messageUse the principle of the medium is the message in the meeting with CFB operators, by high-
ranking environmentalist-officers of the Air Force, Coast Guard, Navy, or Maritime Police, private pilots and the president of
the inter-island commercial shipping association. The presence of uniformed officers will enhance the seriousness and
credibility of the message being delivered.
7) Information and educationAt the lunch or dinner meeting, request the help of all concerned, especially the CFB owners.
Request the CFB operators to help prevent the intrusion of commercial fishing boat operations into municipal waters.
Distribute maps of the areas open to commercial fishing operations. As softly, gently, and tactfully as possible, advise CFB
owners that the Bureau of Fisheries has sought for and has received the utmost cooperation of the Philippine Air Force and
other agencies in this campaign.

Whos in charge?
The problem of illegal fishing is a classic case of having too many cooks spoiling the broth. There are several agencies that
have jurisdiction over the sea.
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The Maritime Group of the Philippine National Police has legal jurisdiction over criminal activities along the coastline. While
correct in concept, it is saddled with a meager operating budget and very few boats. Then, there is the Philippine Coast Guard,
mandated to protect the coastline and seawaters of the Philippines from marine pollution.

The Coast Guard is also grossly
under-funded, with little or no airborne capability and very few operating fast boats. The Philippine Navy also has a mandate to
protect the coastline and national security. It has more boats, but many are in a decrepit state. There is the Bureau of
Fisheries and Aquatic Resources (BFAR), the principal government agency with the primary mandate to conserve the
countrys marine resources, as well as the Local Government Units with all-encompassing powers to protect local resources.

Finally, there is the Department of Environment and Natural Resources (DENR) with the principal mandate that includes the
conservation of natural and coastal resources, especially areas proclaimed as marine parks or protected seascapes.

Collaterally, there are other government agencies that play a role in the management of fisheries. The Maritime Industry
Authority (MARINA) supervises the licensing of shipping vessels, including commercial fishing boats (CFBs). The Philippine
Ports Authority supervises operations of ports; the Bureau of Internal Revenue has an interest in the bookkeeping practices
and financial statements of the CFB operators. The Department of Health has jurisdiction over the health and sanitation
requirements of these boats; the Department of Labor supervises the occupational and safety standards of the fish workers.
Even the Department of Transportation and Communications through the National Telecommunications Commission (NTC)
exercises supervision over the radio communications equipment and operation of the commercial fishing boats.

At first sight, it looks like a tangled web that government has woven. On second thought, however, the legal mandates and
resources of each of the agency-players may be harnessed to focus on the problem of illegal fishing. This is the principle
behind the Fisheries and Aquatic Resources Management Council (FARMC) at the national and local levels. If the practice of
illegal fishing must be addressed and totally eliminated, the answer lies in finding the right leader, and the proper lead agency.

For higher-ranking officials like the Minister of Agriculture and the Minister of the Environment and Natural Resources, this
could be a checklist of musts in the fight against illegal fishing.
1) A championThere is need for a person to lead the way and put together all the necessary ingredients to make it work.
Either of the Ministers may take the lead. Only when a person devotes much of his time, abilities and resources to a particular
objective for a focused and extended period can anything be done.
2) A multi-agency teamThe crew would comprise a multi-agency team of like-minded people. They need to have only one
criteriona commitment and a passion for the sea.
3) CompositionFrom each of the principal concerned agencies (PNP Maritime Group, Coast Guard, Philippine Navy, LGU
(DILG), BFAR, DENR, etc.), it is necessary to create a team and house its members in a single office. Logically, this should be
on the premises of the lead agency. The office as well as the assigned personnel must be provided with fixed official tenure
and provided with sufficient logistical support. The operational budget for such an office can be allocated from the budget of
the lead agency and, if possible, contributions from other concerned agencies.
4) BudgetHe who provides the funds sets the agenda. In the world of getting things done, money is the oil that lubricates the
machinery of human society.
5) Equipment and facilitiesThe team must be provided with modern telecommunications facilities (fax, modem, cellular
phones, landlines, VHF and SSB radios, satellite phones, etc.) and, of course, computers and printing equipment. The role of
telecommunications capabilities cannot be overemphasized, given the location of the places that must be contacted and the
archipelagic configuration of the Philippines.
6) Time frameAn effective anti-illegal fishing operation must have a fixed, medium-term project life. The long-term task of the
team would be to make itself irrelevant and unnecessary. Rather than indefinitely prolong the life of the task force, it must seek
to inseminate and transfer the knowledge, skills, and attitude to all concerned in the shortest time possible. That will happen if
and when it has become effective in the conduct of anti-illegal fishing operations so that ultimately it changes behavior, such
that the people themselves will no longer tolerate destructive fishing activities in their locality. A maximum time frame for any
massive anti-illegal fishing project must be about six years.

Operational guidelines
It is necessary to set an achievable goal that everyone in the team can visualize and identify with. The goal or mission
statement may be simplified: eliminate organized illegal fishing operations. The term organized illegal fishing means an
activity conducted by two or more individuals on a regular basis and for a sustained period.

Targeting the three concerns of blast fishing, cyanide fishing and commercial fishing boat intrusions in sequence will keep the
team busy for three to four years. The Fisheries Code of 1998 already makes it clearly illegal to practice such fishing methods
and to possess or sell fish caught in such manner. The latter years of this six-year project could be devoted to mopping up and
institutionalizing, not the task force, but the attitudinal change.

The first phase of the teams term could be fixed for a period of 1,000 days. The operational timetable must include the various
components in the anti-illegal fishing campaign, among them, LGU capacity building, anti-blast fishing operations, anti-cyanide
fishing interdictions, commercial fishing boat intrusions and the like.

Legal marketing techniques create an impact in orders of magnitude. The principles used to neutralize CFB intrusions may
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also be used to neutralize blast-fishing operations. Targeting the sources of blasting paraphernalia, e.g., blasting caps and
ammonium nitrate, is one approach. Another would be to employ market-denial techniques in order to strangle the market for
illegally- caught fish. This could consist of the confiscation of the catch when apprehended in the market. In the long-term, this
effort would empower consumers to identify illegally caught fish and simply refuse to buy it. The latter is a more powerful form
of market denial.

As in any marketing campaign, a legal marketing approach to illegal fishing must determine the target market, and address
the basic questions of who, what, when and how. The target market would be: (a) suppliers of ammonium nitrate; (b) suppliers
of blasting caps; (c) notorious fishermen; and (d) buyers of the fish (the market). The aforementioned individuals are
requested to help in trying to solve the problem of blast fishing, and may even be requested to help convince others. The
subliminal message that accompanies this strategy is that the persons requested now know that they are being monitored.

The timing of the operations must be considered well. It should be soon enough to convey the impression that government
means business. Yet, it must allow for time enough to plan and prepare for the extensive legal strikes. The strikes must also
be timed and spaced to avoid ningas cogon operations, to impress others that it is a sustained operation, and to develop and
continually keep the team in combat ready condition.

Having given the parties due notice and having solicited their help, the Team may later conduct intensive surveillance
operations, say, from 30 days after the meeting and continuously for the next 300 days. This will gather evidence as to
whether such persons are still engaged in their unwholesome and nefarious activities. If behavior has not changed, the Team
can launch a sweeping legal strike against all persisting personalities.

Hotspots can be identified and all efforts focused on these areas. If anything is to be accomplished in the battle against il legal
and destructive fishing operations, the time and passion of the concerned people must be focused.

Sea patrols are not as effective a deterrent as airborne patrols. Sea-borne surveillance is slow and limited by the speed of the
boat, while an aircraft has a wider range of flight and view of the horizon. Cost-wise and in the long-term, between a patrol
boat and a light plane, effectively used, the latter will turn out to be more cost-effective.

With respect to the flying assets of the Philippine Air Force, their helicopters and planes may likewise be put to good use. Note
that these flying assets must be flown regularly, in what are called maintenance flights. A little training for the Air Force pilots
in fisheries law enforcement surveillance patrol techniques will go a long way in getting their indispensable cooperation. In
military parlance, the patrol and surveillance mission may be piggy-backed on the routine missions of the Air Force plane or
chopper. The ultimate goal of airborne operations is to create deterrence.

The punishment they deserve
A few points need to be emphasized in the prosecution of illegal fishing violations. Criminal prosecution is always a tedious
and aggravating exercise. In many cases it is also politically difficult because of the socio-political and budget considerations.
These realities must be kept in mind before any law enforcement operation is activated.

The offenses in illegal fishing are relatively easy to prosecute. The preparation of a standardized trial brief with the facts, the
laws and implementing rules outlined for orderly and efficient presentation will hasten the process of litigation considerably.

Because illegal fishing is a victimless crime, it can easily be politically resolved or extra-judicially settled, particularly with
the intercession of influential figures. On the other hand, those caught most are not large-scale operators. Putting the offender
in prison for the entire period provided by the penalty would deprive the family of a breadwinner. This humane consideration
is what usually gets in the way of effective prosecution.

One of the possibilities is for the Department of Justice to designate a small group of highly motivated and trained special
prosecutors to handle cases involving environment and natural resources law violations especially in regions where illegal
fishing is rampant. These prosecutors can also serve as inquest officers.

The Department of Justice shall embark on a program to strengthen the prosecution and conviction aspects of fishery law
enforcement through augmentation of the current complement of state prosecutors and through their continuous training
and reorientation of fishery laws. Section 125, Fisheries Code

A legal arsenal for marine resource protection has been prepared by a group of selected judges, prosecutors, and law
enforcement personnel. This is an easy-to-use manual that contains a checklist of things that need to be done as well as the
standard legal forms necessary for the investigation, filing, and prosecution of illegal fishing cases. This handbook can be
widely disseminated to make it more convenient for law enforcement officers, prosecutors, and judges to carry out their
functions and expeditiously prosecute illegal fishing cases. The checklist is very useful for enforcement personnel. In the heat
of the action, especially during the stages of apprehension, arrest, and investigation, papers and procedural steps have a
tendency to be omitted or forgotten.

The Supreme Court of the Philippines may designate Special Environment Courts, especially in hotspot areas. The judges of
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these courts would be selected on the basis of their interest in the subject matter. Their courts can then have jurisdiction to
hear cases involving civil and criminal violations of fisheries and other environmental laws.

The introduction of substances into the aquatic environment which result or is likely to result in such deleterious effects as to
harm living and non-living aquatic resources, poses potential and/or real hazard to human health, hindrance to aquatic
activities such as fishing and navigation, including dumping/disposal of waste and other marine litters, di scharge of petroleum
or residual products... or solid substances... shall be punished by imprisonment of 6 months to 12 years and/or a fine of
P80,000 plus P8,000 per day until the violation ceases. R.A. 8550, Sec. 102, in relation to Sec.4

This provision of the Fisheries Code is potentially very powerful. The wording of the provision encompasses a wide range of
activities that can cause marine pollution. The penalty is also a cause for concern among would-be violators. The question
arises, however, as to how realistic the penalties are and how practical are the procedures for prosecuting offenders. Note that
the criminal penalty is in addition to any liability that may arise as a result of violating the Pollution Control Law.

It shall be unlawful for any person to gather or possess corals. Violators shall be punished with imprisonment of six months
to two years, and a fine of P2,000 to P20,000. The corals, as well as the vessel used (being the fruits and instrument of the
crime), shall be subject to forfeiture. R.A. 8550, Sec. 91

It must be emphasized that the boat used to collect the corals is also subject to forfeiture in favor of the Government. The boat
can then be used for marine protection and rehabilitation projects and activities. The fine is quite substantial, and the funds
generated can help support environmental protection activities.

However, lest it be forgotten, the general purpose of imposing a punishment is three-fold: to punish the offender for the wrong
committed (retribution); to rehabilitate the offender to the norms of society (rehabilitation); and to set an example so that others
may not follow (deterrence)

However, something good must come out of the punishment. To achieve this, one must experiment in what may be known as
creative justice. For many of the offenses, the penalty provided is less than six years, thus subject to probation. In law,
probation refers to the suspension of a sentence of imprisonment. Thus the person is granted conditional freedom. This is
especially granted to first-time offenders of relatively small offenses punished by imprisonment of six years or less.

The provisional freedom granted is, however, conditioned on the promise of good behavior. Here again lies an opportunity to
make something good out of the situation. One of the options available to the judge, as it is to the Local Government Unit, is to
require the person convicted to undertake marine resources rehabilitation efforts. He can, for example, be required to serve
time as a fish warden guarding the local marine sanctuary. He can also be required to conduct marine resources law
education to other fishermen.

The substantial fine can also be put to good use. It can, for example, be ordered by the court to be set aside as a special f und
for the establishment of a marine sanctuary in the locality. The local government unit concerned will be only too happy to
receive and be entrusted with the funds, properly monitored by the Court. This can be used for community organization and
efforts towards the establishment, maintenance and operation of marine sanctuaries in the seas surrounding the place where
the offense was committed. In fact, the funds could even be used to provide for a logistical allowance to the fish wardens and
volunteers assisting in the establishment of marine refuge and sanctuaries.

Opportunities in the Philippine islands
Filipinos are a sea-loving and a sea-faring people. We have the richest marine waters in the world. We have abused these to
near total destruction, but we have the opportunity to use our natural love for the sea to repair and restore our marine
resources.

As an aside, the Philippines has another dubious distinction. It experienced the worst peacetime maritime disaster in history,
worse even than the famous sinking of the Titanic. On 20 December 1987, the sinking of the MV Doa Paz cost 4,341 lives.

We need to pause for a while and think of how we can turn things around and make them work for us.

There are many opportunities are available to Filipinos and the Philippines Islands.
1. Marine ScienceIn the sea, the Filipino is like fishhe is a natural. The country has, for example, some of the best marine
scientists in the world. And this has been achieved despite lack of funding and governmental support for such training. For
that reason alone, the Philippines can rise to become an island of excellence in the marine sciences not only in the Asia-
Pacific region, but in the whole wide world.

2. Finest sea-rescue teamThe lessons we have learned (and are still learning) from the many marine disasters in the
country can be transformed into something beneficial. We can, for example, begin to beef up our marine rescue capabilities to
world-class standards. The logistical requirements are simple: half a dozen specially designed helicopters assigned to critical
regions, a communications base (with land, cellular and satellite phone availability), and 50 dedicated men and women from
the Navy, Coast Guard, and Maritime Police services, hand-picked for their passion for the sea and rescue skills.

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3. The best dive sites in the worldHectare for hectare, coral for coral and fish for fish, the Philippines has the best scuba-
diving sites in the world. A single dive site off the coast of a town south of Manila called Devils Point, measuring only a few
hectares in size, has more species of coral than the Caribbean Sea. The Tubbataha Marine Park alone has more coral
species than the entire Great Barrier Reef of Australia.

The Philippines can, for example, begin a 10-year-program to rehabilitate the coral reefs of the countrys seas. Practically all of
the divers in the world are simply looking for opportunities to put their diving skills to good use. A creative social -marketing
campaign and promotion can be undertaken by the government to channel the energies, talents, and resources of scuba
divers and sea-lovers in the country and in the world. An immediately practical project is to conduct a nationwide campaign to
rehabilitate the coral reefs of the Philippines. Such a project would no doubt energize and accelerate the change in the atti tude
of Filipinos towards their beloved sea.

4. World-class water sportsWater sports events such as windsurfing, sailing, sport fishing and kayaking are activities for
which the Philippines can be a haven. So many other collateral opportunities arise from these options, even economic ones.
Among others, the Philippines can be the host of annual events for world-class sailing competitions. It can also be the center
of the design and construction of pleasure crafts such as sailboats, motorboats, surfboards, and kayaks.

PART III: Fresh Water

Sub: The security of fresh water supply is threatened by saltwater invasion, excessive impounding and diversion, and
contamination, as is evident in the Philippine situation

LIKE the human body, 70% of the Earth is made up of water. It was when the water vapor i n the air began to condense that
water began to form in the depressions of the Earth. First it was in the form of puddles, then ponds, then lakes and ultimately,
the seas and oceans of the world. Next only to air, water is the most pervasive substance on Earth.

Of all the water in the world, 97% is salty seawater, and only 3% is fresh water. If all the water in the world were to be placed
in a gallon, the total volume of freshwater available for the use of all the plant and animal lives is equivalent to only three tiny
drops. The problem is that two drops of the three are locked up in glaciers. Only about one drop is what we find floating in the
atmosphere as rain and water vapor and in the aquifers as groundwater.

Almost all of the water used by humanity today comes from two sources. There is surface water that falls from the sky as rain
or snow. This is what accumulates in lakes, rivers, and man-made dams. Ground water is surface water that has seeped into
the ground and is stored in the aquifers.

It is estimated that there are only about 528 million cubic km of freshwater available.

Man is already using more than half of it
today. After using it, man generally throws water away, often in its dirty state. With the eight to10 billion people expected in
2025, each eating 300 kg of grain per year, the world will need an additional 780 billion cubic meters of fresh water.

With surface water running out, man has looked to the underground and discovered water. To draw water from the
underground water table, man invented the water pump. With the power afforded by electricity in the 20th century, the rate of
withdrawal of underground water became faster, much faster than the rate at which it could be replenished. What humans
failed to see in this haste is that this underground water well is not limitless. It is delicate, and highly dependent on the supply
of rainwater that is able to seep into the ground to replenish the underground supply.

In Asia where more than half of the human population lives, almost 9/10 of the fresh water used is devoted to agriculture, and
the balance is used for industry and household needs. This can be attributed to the fact that Asians are generally a rice-eating
people, and rice is the most water-intensive grain. The low proportion of domestic water use is probably due to the fact that a
very small segment of the population actually has access to running water.

Nature herself has not been equitable in her distribution of fresh water. While Asia has more than half of the worlds
population, the region only has a third of the global freshwater run-off. Moreover, rainfall is not evenly distributed throughout
the year. During the months of May to October, more than 80% of the rainwater falls, often resulting in monsoon floods.

The
intervals between the extremely dry and excessively wet seasons result in uncontrolled flooding during heavy monsoon rains,
and makes water storage quite difficult when the season is dry.

People in such countries, however, should count themselves lucky they have water. Today, 400 million to one billion people in
the world live in regions with severe water shortages. By the year 2025, it is expected that this number will rise to a staggering
four billion people.

In many parts of the Philippines, despite the countrys once abundant natural springs and water bodies,
people now have to travel hundreds of meters just to fetch a bucketful of potable water. And this is all because the springs
have dried up as a result of the deforestation of the surrounding watersheds.

In towns and cities, the situation is even much worse in places where there is supposed to be running and piped-in water.
Here, clean drinking water must be bought, at a price higher than the cost of gasoline!

Too little water, too much salt
The water that we find underneath the soil took all of Earths time to form and be stored in the underground water table, a
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period of over four billion years. When we remove water from this underground deposit, we are actually mining it. Like the
removal of mineral deposits, the mining of water is essentially also an irreversible process. The proportion of the volume of
water removed from the underground is much, much more than is restored. Whatever is replenished is, in fact, done quite
indirectly through the process of evaporation, condensation, precipitation, and then, if at all, percolation (the process of the
water infiltrating back into the aquifer).

The continuous withdrawal of water from the underground deposit has irreversible consequences not immediately visible to the
naked eye. The more obvious consequences are that when water in the upper layers of the aquifer has dried up, the water
table reaches deeper and deeper in the underground. In time, that deeper layer also eventually dries up.

Serious overdrafts from the aquifer are taking place the world over: In the aquifer system of the high plains of the United
States, the aquifer is being depleted at the rate of 12 billion cubic meters per year. In the state of California, groundwater
overdraft averages 1.6 billion cubic meters per year. Two-thirds of this depletion happens in the Central Valley of California,
the countrys vegetable basket.

The Ogallala aquifer is one of the Earths greatest aquifers, which spans across eight US states, including Colorado, Kansas,
New Mexico, Oklahoma, and Texas. It is currently being depleted at the rate of 12 billion cubic meters a year, a volume equal
to the flow of 18 Colorado rivers. At its peak in 1978, the total area irrigated by the Ogallala aquifer was 5.2 million hectares. In
1988, it fell to 4.2 million hectares. A long-range study revealed that by the year 2020, 40% of the irrigated area would have to
be taken away from production for lack of irrigation water.

In the densely populated countries of India and China, this is cause for even greater alarm. In Indias breadbasket states of
Punjab and Haryana, groundwater levels have been falling. In Gujarat, groundwater levels fell 90% in all the wells monitored in
the 1980s. In Beijing, the capital of China, the water table dropped by 37 m over the last 40 years. China, the worlds largest
grain producer, is running a chronic water deficit with its over-pumping of 30 billion cubic meters a year. Across Northern
China, which produces roughly 40% of the countrys grain, the water table has been dropping 1-1.5 million cu m per year.

In the African Sahara, a place that cannot afford to lose any water, there are vast but non-recharging aquifers. Here the
depletion rate is estimated at 10 billion cubic meters per year.
In the Arabian Peninsula, groundwater use is three times more than the rate of recharge. The Kingdom of Saudi Arabia
depends almost solely on non-renewable groundwater resourcesthree out of the four glasses of water that a Saudi Arabian
drinks comes from non-renewable water sources. At the depletion rates projected in the 90s, oil-rich Saudi Arabia will run out
of usable ground water reserves within the next two generations.

Nearer home, significant overdrafts have occurred in and around Bangkok, Manila, and Jakarta. Over-pumping has caused
land subsidence beneath Bangkok at a rate of 0.61 to 5.1 cm per year over the past two decades.

This subsidence is also
occurring in Manila, Jakarta and Mexico.

Six thousand years ago, people living in the highlands of Mesopotamia settled in the lowlands. In the plains near the two great
rivers of the Tigris and the Euphrates lived people later known as the Sumerians.

Having discovered and learned agriculture, the Sumerians had a little problem: Their new homeland was drier than their
former mountain dwellings. They discovered that while the seeds they planted would sprout and grow, before harvest time
their crops would wither and die because the climate was so dry. So they dug a ditch and diverted some of the waters of the
Euphrates River to their fields. This started the practice of artificially watering farmland to force it to grow more food. This is
now known as irrigation.

However, since water contains salt, and since the Sumerians used so much water for irrigation, in time the salt accumulated in
the soil of their farms. Of course, since plants cannot stand salt, in time the seeds they planted ceased to sprout and grow.
The land that they tilled on the plains of the Tigris and Euphrates Rivers became a desert. This place is now Southern Iraq.

As agriculture freed man from the uncertainty of hunting, irrigation liberated him from the uncertainty of the harvest. Freed from
non-farm chores, there was more time to spend on endeavors other than on feeding himself. Indeed, irrigation is said to be
one of the landmarks of human civilization.

Irrigation has come a long way. Almost half of the worlds food now comes from irrigated farmlands, mainly from India, China,
and the United States. However, what first appeared to be a boon for food production carried with it a pricethe salinization of
soil. By artificially supplying a constant amount of water to a patch of land, the salt contained in the water accumulated over
time. In time, the water not only compacts the surface of the soil (known as water logging), but the amount of salt also
accumulates on that particular patch of earth. This process of saline water seeping into the soil by too much irrigation is also
known as saline seeps.

Six thousand years later, the lesson learned by the Sumerians is still to be learned. Today, one out of every five hectares of
irrigated land is damaged, most of it irreversibly, by salt. From China and India in the East to the prairies of Canada, sali ne
seeps have taken out millions of hectares of land.

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The lands located in the coastal areas are more vulnerable to the double trouble of saline seeps: It impacts both the surface
waters and the ground waters. Take the case of Israel. On the surface, Israel has created a garden of plant life in the midst of
the Middle East desert. However, this water did not come for free. The price that Israel now pays for the 40 years of over-
pumping is that seawater has irreversibly invaded the coastal aquifer. Water officials predict that two of every five of all the
coastal wells in Israel may need to be closed within a few years because of saltwater intrusion.

Saltwater intrusion into the aquifer is even more critical and should be a special cause of concern for island nations. In the
Philippines, the intensive pumping of groundwater and the resulting saltwater intrusions have been noted in various parts of
the countryin the towns and cities of Las Pias and Paraaque in Metro Manila; Bacoor, Kawit and Noveleta in the province
of Cavite; and most notably, in the metropolitan area of Cebu, the second largest urban area in the country.

In the case of Cebu, the saltwater has intruded into the aquifer as far as four kilometers inland. The situation has been
described as fast approaching terminal. The local water district has removed its deep wells three kilometers inland because
the salt content in the water was already more than double the allowable health standard. It has been recorded that the
saltwater intrusion is creeping in at the rate of about 200 feet per year. Another irreversible impact of groundwater depletion is
compaction, which permanently reduces the Earths natural capacity to store water.

The bane of dams
The volume of water in the atmosphere is constant. It circulates in the form of water from rainfall that collects in ponds, lakes
and the sea. There, it rises again by evaporation and water vapor collects in the clouds, and after condensation it falls again as
rain.

To satisfy mans need for fresh water, he learned to divert the running surface waters into his farmlands and there grow more
of his food. In the last 50 years an exponential increase in the volume of surface water was diverted for human usewater
needed for drinking, for irrigation, for the power to run turbines to produce electricity. It was also used for the domestic needs
of modern man.

The surface waters from the rivers of the world were so heavily used in the past 30 years, the entire water cycle seems to
have been disturbed. As revealed by the physical evidence in many of the great rivers of the world, the flow of fresh water from
the uplands has been so disrupted that hardly anything finds its way to the sea anymore. Surface waters have been converted
into water reservoirs and dams for irrigation and hydroelectric energy.

During the dry season in India, the country with the largest land area under irrigation, the river Ganges barely reaches the Bay
of Bengal. In the US, the Colorado River, the river that once carved out the Grand Canyon, suffers the same fate. Over the last
100 years, the surface water of the Colorado River has been diverted to make 10 major dams, plus an assortment of
diversions such that, today, barely a trickle finds its way to the Sea of Cortez.

Once seen as a solution to the perennial problem of water supply, numerous large dams were built in a span of 100 years. In
the last 35 years alone, the number grew by geometric proportions, from only 5,000 in 1950 to almost 40,000 in the latter half
of the 20th century.

The large-scale diversion of surface waters is showing signs of affecting their natural flow. Physical symptoms of ecological
malfunction are beginning to appear. The United States, the country with the largest number of dams in the world, is showing
the way to hydrological perdition. The water diversion in California has caused the state to lose almost all of its wetlands. With
the loss of 95% of these wetlands, the population of migratory birds and other waterfowl animals, which depended on wetlands
for their food and habitat, dropped from 60 million in 1950 to only about three million today.

In Egypt, the colossal Aswan dam was constructed in the 1960s to harness the Niles waters and to provide a hedge against
droughts. Before it was constructed, the Nile River had 47 commercial species of fish. Ten years after it was completed, only
17 harvestable species remained. In the eastern Mediterranean Sea, without the nutrient-rich silt entering the sea from the
Nile, eight out of 10 sardines caught every year are gone.

The most severe impact of the Niles ecological disruption, however, has been on the river delta. The silt that would otherwi se
flow out and be deposited in the delta is now trapped in Lake Nasser. Instead of building up the delta and enriching it further
with the soil nutrients, the delta is receding into the sea. Scientific researchers of the world-renowned Woods Hole
Oceanographic Institute estimated in 1989 that Egypt could lose almost 20% of its habitable land within 60 years, displacing as
much as 16% of its population and wiping out a corresponding part of its economic activity.

Evidence of the most spectacular damage brought about by surface water diversion can be seen in the Aral Sea basin in
Central Asia, once the fourth largest lake in the world. Because of the extensive diversions of the Amu Darya and the Syr
Darya rivers, once considered a solution to allow the growing of cotton in the desert, the Aral Sea has lost half of its surface
area. It has also lost 75% of its volume of water. From 55 billion cu m before 1960, today, a mere seven billion cubic meters
flows into the Aral Sea. As a result, of the 24 species of fish formerly found in the Aral Sea, 20 have been permanently lost.
Fish catch, which was about 44,000 tons in the 1950s, supporting 60,000 jobs, has been reduced to zero. Entire fishing
villages have been abandoned. It is estimated that every year, the winds pick up up to 150 million tons of a toxic salt-dust (the
dried mixture of salt and soil from the lakes bed) and blow it over the surrounding farmlands. As a result, some 28,000 people
have had to leave these lands and seek livelihood opportunities elsewhere, an early example of what will soon become a 21st
century phenomenonecological refugees.
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The biggest dam on Earth presently being constructed is the Three Gorges Dam in China. The jury is still out as to what
environmental impact this dam will have on the land and the hydrological flow of its fresh water system.

Waste and contamination
It is a paradox of human behavior that since the earliest times, man has disposed of his wastes into the very water from which
he drinks. The word wastewater is in itself a contradiction in terms. If water is so precious, it should not be wasted. If there is
yet another dubious distinction that man can claim for himself, it is the fact that among all the animals, he is the only one who
dirties the water that he uses, and in great volumes.

Wastewater, often in a dirty state, is what causes a change in the physical or chemical composition of the waters it is thrown
into. This is when we say that the body of water is polluted. Pollution comes from what are called point sources and from
non-point sources. Point sources are those that may easily be pointed to and identified, such as industrial establishments.
On the other hand, non-point sources are those where the source cannot easily be identified, such as agricultural sources,
household sewage, and storm waters.

Clean water contains plenty of oxygen that aquatic life needs. But the load of pollution in the water reduces the supply of
oxygen in water. When organic material is placed in water, bacteria decompose it. These microorganisms also need oxygen
to survive. When the volume of organic matter placed in water is small, only a few air-consuming bacteria are needed for its
decomposition.

The more organic matter there is in water, the more bacteria will be needed to decompose it. Of course, the
more bacteria there is, the greater their consumption of dissolved oxygen. The greater the consumption, the less oxygen is
available for the other animals that share the waters.

Thus, when there is so much organic matter dumped into a body of water, the multitude of bacteria needed to decompose it
will need a greater amount of dissolved oxygen. When the water ceases to contain enough oxygen to sustain other animal life
because it was consumed by the bacteria needed for decomposition, the water is said to be biologically dead.

Why does a body of water stink when it is full of organic wastes? After the bacteria has played its role in decomposing organic
matter in the water, there are residual side effects. The process of decomposition breaks up the organic matter into its basi c
elements containing compounds of potassium, phosphorous, nitrogen, and other nutrients. Having them in water is like giving
the water an extra-large dose of fertilizer.

Similar to what happens with sea water, algae are excessively fertilized. The algal bloom

has the effect of further depleting the
supply of oxygen. With the oxygen gone, anaerobic bacteria, the bacteria that do not need oxygen to survive, works on the
remaining wastes. What emits the foul odor is the release of hydrogen sulphide, a by-product in the process known as
eutrophication.

There are also chemical compounds and heavy metals such as cyanide, mercury and lead that are used in industrial activity
and thereafter thrown away into the water. These chemicals either contaminate the underground or flow into waterways and
eventually find their way into water bodies. The most dramatic example of this was the outbreak of the Minamata disease that
struck a Japanese fishing village in 1953.
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The disease was traced to mercury poisoning.

We need not look too far for examples. Because of the intensive mining that went on upstream of the Surigao River in the
northeastern part of Mindanao, the mercury level of its waters is now 5,000 times higher than the normal standard of
concentration.

The question that remains for the people of Surigao City to answer for themselves in the near future is not
whether they will eventually suffer the same fate as the people of Minamata; they simply have to ask when.

It is estimated that approximately 450 cu km of wastewater is discharged into the coastal areas of the world every year,
wastewater that has been thrown into the streams and the rivers. Even greater is the volume of clean freshwater that is
needed to dilute this pollution load.

In Asia, the rivers contain an average of 20 times more lead than the rivers of industrialized countries. They also contain 50
times more bacteria from human feces than the tolerable standards of the World Health Organization. As a result, some
500,000 Asians die every year from poor sanitation and dirty water.

Millennia after millennia of human civilization, people have died off like flies simply because elementary habits of sanitation
were not learned. The so-called lower forms of animals, in fact, have better sanitary habits than man. We have yet to find a pig
or a monkey or any other animal that will defecate in its source of food.

We now know that it has taken billions of years to get that store of water into the underground water table. It may be noted that
these aquifers are the repositories of 97% of the liquid freshwater in the world. In the natural order of things, on average, water
stays underground for about 1,400 years. In the science of hydrology, this is called the average residence time of
groundwater. It is the time it stays underground before going out to the sea. The recharge rate is also slow. After being
absorbed by the roots of plants, only a fraction (10-20%) of the precipitation (in the form of rainfall or snow) actually goes back
into the underground, deposited as a bank account of water.

The chemical compounds that we use and then discard into the ground will eventually find their way into the groundwater.
Because these artificial chemicals are toxic, the groundwater is contaminated. It takes only one tablespoon of mercury, for
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example, to contaminate 1,000 cu m of water. When groundwater is contaminated, the process is virtually irreversible.

The technical difficulties of cleaning up contaminated groundwater are mind-boggling. To clean groundwater contaminated
with mercury, we would have to dig out the water. How much of the contaminated water we can actually take out, and whether
we can take out everything, no one can tell. After removing the water, the microscopic mercury content would have to be
stripped away by a chemical process that is beyond the understanding of ordinary laymen.

Assuming it can be done physically and chemically, it can only be done at an unimaginable cost. The path of intensive
industrialization taken by the US in the past 50 years or so did not come without a price. As a result of industrialization and the
consequential toxic wastes it generated, today the US has identified about 400,000 sites with its soil and groundwater heavil y
contaminated with chemical pollution. These tainted patches of land are the so-called Superfund sites. A very conservative
estimate is that it will take at least $1 trillion to clean up these polluted sites.

The groundwater contamination faced by the world today has become a matter of grave concern. All over the world, incidents
have arisen from at least three general sources. Too much nitrogen is deposited into the soil from human and animal waste.
In the United States alone, the waste of farm animals is 130 times more than the waste of the Americans. Not content with the
nitrogen produced by animal waste, humans even add nitrogen-rich fertilizers to their plants, and in great volumes at that.
Since only a fraction of the fertilizers is actually used by the plants, much of the nitrogen either runs off into the waterways or
leaches into the groundwater.

Nitrate pollution is particularly severe in areas where the demand for food productivity is greatest. In the northern counti es of
China such as in Beijing, Tianjin, Hebie and Shandong, nitrate concentrations have exceeded the 45 mg per liter (mg/l)
standard set by the World Health Organization. In some places, it goes as high as 300 mg/l, or more than six times the
acceptable health standard. In Punjab and Haryana in India, where nitrogen fertilizer was applied extensively for several
decades to feed its population, nitrate concentration in wells that were examined indicated that it was five to 15 times higher
than the safe limit. In an island in central Philippines, sometimes called the egg basket of the region for its great number of
poultry farms, a water contamination study was conducted. Of the 70 communal wells monitored, each and every one was
found with heavy nitrate pollution from the chicken manure.

Man-made chemical compounds, such as the pesticides applied on plants, have seeped into the aquifer and present even
more serious hazards. As we have seen, the contaminating impact of toxic chemicals is exponential. Both the rich and the
poor countries are victims of their own excess. In the US, for example, more than half of all the water wells sampled in the mid-
1990s contained pesticide contamination. Indias practice of spraying too much DDT in the states of West Bengal and Bihar
came with a heavy price. The Central Pollution Control Board of India found that the DDT level present in the groundwater was
several thousand times higher than was considered acceptable.

Salt is a naturally occurring chemical present in soil and, in concentrated form, in the waters of the sea. Seawater intrudes into
the aquifer to replace the vacuum created by the removal of freshwater. In this manner, saltwater has intruded several
kilometres inland into the aquifers beneath the coastal cities of Jakarta, parts of Florida in the US, Turkey and China. In
Manila, where groundwater levels have fallen 50-80 m because of overdraft, seawater has flowed as far as five kilometers into
the Guadalupe aquifer that lies below the city.

The politics of water
At least 214 rivers in the world pass through two or more countries on their way to the sea, with their watersheds cutting
across political boundaries. Upstream countries where the rivers pass treat the river as theirs, thus using the waters as they
please. Syria and Turkey find themselves in such a situation. Turkey, the upstream nation, is undertaking a hydropower and
irrigation scheme using the waters of the Euphrates River. This will reduce the flow of the river in Syria by about 35% in normal
years, and even more during the dry years. This will be in addition to the pollution from the irrigation drainage that will result
from the project. Further downstream is Iraq, which is also worried about Syrias using more water from the Euphrates.

While
both Turkey and Syria have signed a protocol guaranteeing Syria a minimum flow of 500 cu m per second, Syria wants more,
and Turkey has refused.

In another scenario, the River Nile flows down from Ethiopia and Sudan into Egypt, with Ethiopia controlling approximately 86
% of the Niles water flow. If Ethiopia irrigated even half of its 3.7 million hectares of arable land from the waters of the Nile,
downstream flow to Egypt could reduce by at least nine billion cu m per year. However, Egypt has more military power than
Ethiopia. If its water supply is seriously threatened, there is no telling what it can do. In yet another part of the world,
Bangladesh receives the polluted waters of the Ganges River after it winds through India. Because it is an economically poorer
country, Bangladesh just has to grin and bear it.

In fact, the closest thing to a truly environmental case that reached the International Court of Justice was related to upstream
water impounding. The Gabcikovo Dam case involved a dispute between Hungary and Slovakia over the construction and
operation of a series of locks on the Danube River. Upstream Slovakia wanted the dam project to proceed. However,
downstream Hungary alleged that the project would result in ecological damage, including damage to the riverbank flora and
fauna, the water quality and the fish breeding cycles.

Groundwater use is also a potential source of conflict by competing users. One of the principal irritants between the Arab
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dwellers of the Palestinian West Bank and the Israelis has been the fact that water supply is strictly regulated for the Arab
users. On the other hand, the Israeli settlers use four times more water than the Arabs; some of them even have swimming
pools. Israel has not permitted the Arabs to drill new wells for agriculture since 1967, while Israel itself has drilled more than 30
wells. The Oslo accord between Israel and Palestinian, in fact, specifically included a provision recognizing Palestinian wat er
rights.

An interesting legal case was brought before the courts of law in a perennially water-short island province in Central
Philippines. Despite of the objection of the local government unit, the local water district of the city drilled 40 wells in a northern
town. When the wells were about to become operational, the water district applied for an electrical permit from the local
government unit. The local government refused. Legal battles ensued.

All of the above scenarios are actual examples of the increasing number of controversies arising from competing uses of this
scarce liquid of life. With a growing population to feed and the increasing affluence of people, the conflicts among nations and
among localities will only grow in intensity and complexity. It has been said that the wars of the 21st century will be fought over
water.

The Philippine situation
THE countrys inland waters are primarily made up of 421 rivers with drainage areas ranging from 40 to 25,000 sq km, 58
natural lakes, and more than 100,000 hectares of freshwater swamps.

Similar to much of Asia, on average, 84% of the fresh
water is used to irrigate cropland, 8% for industrial and commercial purposes, and the remaining 8% for domestic water
supply. However, these figures do not take into account the fact that many commercial, industrial, agricultural, and domestic
users simply bore a hole in the ground and used the groundwater, with the government agencies concerned being none the
wiser.

Theoretically, fresh water supply in the Philippines appears to be more than sufficient. Taking into account surface run-off and
ground infiltration, it is estimated that 431 million cu m (mcm) of water are available per day, while demand is placed only at 77
mcm per day. However, the readily accessible supply of potable water is largely available only in urban areas.

In Metro Manila,
for example, most of the domestic water supply of its 10 million people comes from the surface waters of the Angat and Ipo
dams.

The countrys lakes make up 2,000 sq km of freshwater area. The largest among these are Laguna de Bay, a 90,000-ha lake
adjacent to Metro Manila; Lake Lanao in Mindanao with an area of 34,000 ha; and Taal Lake, in the Cavite-Batangas area,
south of Manila, with an area of 24,356 ha.

A principal source of concern is that the physical evidence indicates that almost all of the surface waters in the Philippines are
in various stages of degradation. The four river systems of Metro Manilathe Pasig, Tullahan-Tenejeros, Navotas, and
Paraaque-Zapote riversare all biologically dead.

Some parts of these rivers are so thick with garbage that one can almost
walk on the surface. Almost all of the 10 million inhabitants of Metro Manila do not have access to a sewage treatment facili ty.
It is estimated that 60% of the total organic load of the Pasig River comes from domestic sewage, and the balance is from
industrial sources.

While there appears to be enough water supply in the Philippines for its various uses, a host of factors threaten the quality of
this supply. The most serious of these is the degradation of watersheds, because it results in severe surface run-offs, ground
water depletion, sedimentation of water bodies, and salinization of the aquifers.

Watersheds, especially those that serve the urban areas, have recently drawn public attention because of the recurring water
shortage during the dry season and flooding during the rainy season. This is probably natures way of making herself heard.

A watershed is the geographic configuration of a land mass such that it is formed like a basin. It drains into streams and ri vers
and ultimately into a large body of water, usually the sea. In this illustration, the sides of the leaf are the land mass upon which
rainfall drops, while the veins and mid-rib of the leaf are the waterways. The stream and the river that are spread out over the
drainage area are the route of the water as it falls from the higher to the lower ground and eventually into the lake or the sea.

The presence of vegetation on the watershed cushions the impact of rainfall and enables its root system to absorb the water
and regulate its flow. The flow comes from the trickle of springs that fill the brooks and streams and later finds its way into
rivers, and then, out to the lake or the sea.

The absence of vegetation in a degraded watershed does exactly the opposite. Rainfall directly hits the land like a miniature
bomb, and with its impact, loosens the soil and transports it through the waterways in a torrential flow of water and mud.
Siltation, the accumulation of sediments in the waterways and sea bed, has been identified as one of the main causes of the
destruction and depletion of marine and aquatic lives.

While a watershed is a simple geographic reality, the reality of human occupation is far more complex. Pesky people live in
watershed areas; people who use the land in various ways, the least of which is keeping it in vegetative condition. People
clear the land and burn the plants, plow the soil, and then plant their seasonal crops. One can readily picture the absence of a
vegetative canopy that would have cushioned the impact of the rainfall. Having been plowed, the soil is loosened even more
and becomes highly vulnerable to erosion, especially after the seasonal crops have been harvested.

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People also build communities of houses (now called subdivisions) and construct roads to get to them, thus intensifying soil
movement, soil compaction, and the concrete paving of land. This results in even greater erosion and a faster water run-off.
This is, of course, in addition to the permanent loss of the grounds capacity to absorb water as a result of the concrete roads
and pavements of human settlements.

This erosion and subsequent deposits of silt are nowhere more dramatically evident than in Laguna Lake. The deforestation
and unabated conversion of land use in the surrounding watershed has resulted in the severe siltation of the lake. Indicative
evidence reveals that in many parts of the lake, the mean depth has been reduced from seven meters 50-80 years ago, to a
mere two meters today.

The degradation from competing uses of watershed areas recently came into sharp focus in the water-short city of Cebu. A
high-end housing development project was being constructed along a new highway that literally cut across a legally
proclaimed watershed area. The opening up of a highway across a land area always brings forth active interest in private land
acquisition and speculation. This is especially true in areas with a cool climate and spectacular scenery.

This trans-central highway of Cebu is interesting if only for the policy and legal issues that it has spawned. First is the policy
question of whether a major highway may be allowed to traverse a protected area, a critical watershed at that. After that, there
is the question of who and what agency of government should decide. Is it the Protected Area Management Board (PAMB),
the multi-sectoral body created by law? Is it the Secretary of the DENR who has been designated by law with authority to
determine the uses of the watershed and adopt a classification and zoning map? In case both of the above fail to fulfill thei r
functions, can the local government unit concerned pass a zoning ordinance that classifies 200 m of each side of the highway
as a commercial zone?

Waste not, want not
Fresh water will be the issue that the world will have to face within the next 20 years. We now understand that it is indeed the
liquid of life. The dangers are as clear as the noonday sun.
First, we must realize that literally, every single drop of fresh water is precious and must not be wasted. Second, we must
understand that at the rate we are now using water and then throwing it away, water supply is not going to last. Third, we must
learn that the chemical balance of this liquidits contents of dissolved oxygen and minute particles of plants and animal life
is extremely delicate and adversely altered by chemical contamination. Fourth, we must realize that all the water we have
wasted was not without a cost. Fifth, our children are bound to run out of fresh water in their time.

For better recall, the options available may be summarized into the three Es of effective policy implementation: Education,
Engineering and Enforcement.

An understanding of the basics of water, as you now understand, is the first order of business. When people understand the
need to properly value water on their own, they will adopt conservation practices. In time, they will even innovate. When the
way people view water has been changed, the wasteful ways will also naturally change. The first thing to do is to remove the
idea of wastewater from our vocabulary. If freshwater is so limited and therefore so precious, wasting water is not wise.

Since irrigation uses up so much water, it is time to consider drip and micro-drip technology. After realizing that they could not
afford all the water they were wasting in watering their crops, the people of Israel invented the drip irrigation system. Instead of
irrigation water being sprayed (and much of it wasted to evaporation and on non-target areas), the tiny nozzles of the drip
irrigation are specifically directed into the root system of the plants. Furthermore, instead of the water being released in a
gush, the system makes it drip for better efficiency and maximum absorptive impact.

The price of drip irrigation has come down dramatically to highly competitive levels and even to the point of commercial
availability. If funding is made available, the technology can even be further improved. By so doing, we would not waste the
80-90% of water that we use today for irrigation.

Putting up small impounding dams along streams can prevent the excessive run-off of soil and water during the rainy season.
It can also store the water and make it available for use in the dry season. Furthermore, the impounded water will serve to
recharge the aquifer and become a habitat for birds and other aquatic plant and animal life.

These mini and micro-impounding dams (with the water surface area measured in square meters instead of hectares) can
have their own mini-or micro-watershed areas. Because of its small size, a mini-or micro dam has a negligible environmental
impact, and the natural ponds and micro-watersheds are also easier to manage and maintain.

With the concept of wastewater now removed from our vocabulary, we can begin to start thinking of the term used water.
Used water may be reused, almost indefinitely. It can be returned to where it came frominto the atmosphere in case of rain
and surface waters, and into the aquifer, in the case of groundwater, through appropriate means.

Liquid sewage need not be thrown away. Instead, it can be recycled in ponds where the used water would be cleaned and
oxygenated. With the use of gravity, it can flow down to different levels of treatment ponds. With the use of pumps, it can be
transported back up to storage ponds upstream for reuse by human settlements. In fact, with modern technology, the resulting
processed water can even be re-injected into the aquifer.

Plants can be used to purify the liquid sewage. In our preoccupation with and reliance on human technology, we forgot that
81
many varieties of water lily were designed by nature specifically for the purpose of cleaning dirty water.

Another concern is the waste of clean water that we now pipe into the water closets of our toilets. If it is understood that more
than 50% of the potable water used in homes is used for the simple purpose of flushing our toilet bowls, perhaps we will
realize that it is not a wise thing to do. When we understand that the water we use to flush our toilets has taken millions and
millions of years to form and become what it is today, in its present level of purity fit for human use, we will realize what a
waste it is to simply flush a toilet.

The implementation of the concept of eco-lien can go a long way in advancing soil and water conservation, especially in critical
watershed areas. To subsidize or fully finance its implementation, higher water rates need to be charged the water users in the
lowlands, especially the commercial and industrial users. If the users of water actually understand that the little more that they
pay will be used to protect and rehabilitate the watershed where their water comes from, the resistance will vanish.

Industrial pollution is the simplest issue to addressfirst, because the industrial factories are point sources; second, the
factory and its owners are in a better financial position to clean up their own act. Third, the technology for cleaning up
industrial and chemical pollution is well developed; the only consideration is cost. Fourth, as we have now learned, nothing is
for free, and the polluter must pay.

Fifth, the magnitude and irreversibility of the impact of reckless chemical pollution are too great and irreversible to even think
about. By all means it must be prevented. This leads us to an inescapable conclusion: that there must be a zero tolerance
level for any kind of groundwater chemical pollution.

The secret lies in the effort to engage the cooperation of the people concerned. They must believe that they too have a stake
in maintaining the cleanliness of the water. Once they are convinced of this, the effort can then be directed to empower them
to do something about it.

On this, government can intervene, if only to jumpstart the process and trigger a chain reaction. Some pump-priming
techniques in the art of legal marketing include socio-cultural engines of behavioral change, in which the proceeds from the
basic truth that law is only one of the tools for behavioral change, and a revolving environmental fund, where a fee for the
discharge of any kind and volume of pollutant may be assessed. This is fair and follows the polluter-pays principle. The money
collected from the discharge fees should not go into that black hole of the National Treasury. Instead, the funds may be used
to establish a cooperative fund. This is the concept of the revolving environmental fund (REFUND), a fund available to
undertake studies and finance water pollution prevention projects.

Many pollution problems can be reduced to manageable bite-size. Financing and alternative strategies for pollution control
range from pollution prevention, environmental management systems (EMS), clustered waste treatment systems, and
projects financed and operated by any of the BOT (build-operate and transfer) modalities.

In coastal cities, the use of sea water for flushing toilets could be explored. Many establishments in Hong Kong now use sea
water for flushing. In inland areas, used water, also known as grey water, can be perpetually used to flush the toilets of
industrial and commercial establishments, and even of residences. All it takes is to modify the plumbing system. This can be
done through innovation in the implementation of the building and construction rules.

At local level, the government can require subdivision projects to install a natural waste water treatment system that will i n turn
be pumped back into a tank for use by the households for flushing, gardening, and general washing. The science of
hydrological engineering tells us that a three-tier or three-chamber natural treatment system can turn even raw domestic
sewage into potable water.

Inasmuch as the start-up costs of this system may be substantial for an average land and subdivision developer, this natural
sewage treatment system may be co-financed by the national and local governments. The project can even be treated as a
commercial venture and part of the water system of the locality. In places where the institutional mechanism of a water district
is available, it is a proper investment to make. The start-up costs would include, among others, the establishment of
sedimentation and filtration ponds as well as the re-plumbing of households. The costs can be recovered over time from
revenues derived from the sale of used water.

One of the pre-requisites to the orderly and well-balanced growth of urban areas is an effective system of local utilities, the
absence of which is recognized as a deterrent to economic growth, a hazard to public health and an irritant to the spirit and
well-being of the citizenry. Excerpt from the Philippine law on local water utilities

Last, but not least, is the matter of enforcement. Voluntary enforcement occurs when the behavior of the person whose
conduct is the target of the law has already been modified as a result of a change in his way of thinking. Semi -voluntary
enforcement is when people follow the desired course of conduct as a result of policy guidance from government. As we
learned earlier, price is the best conservationist. Something that is expensive is not wasted.
Involuntary enforcement is the realm of pure law enforcement. In this game of cops-and-robbers, we need to recall only two
basic principles: The best form of law enforcement is when the law does not need to be enforced, and if the legal hammer
must fall at all, it must fall in a manner that is swift, painful and public.

CHAPTER 7
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HUMAN HABITAT

Sub: The bigger his cities have grown, the more his quality of life has suffered. Open spaces, proper urban planning and
efficient transport are essential if man is to live well again and reclaim his humanity

PART I: A Story of Human Settlements

Sub: Traffic, waste and congestion have become the sorry trademarks of the modern habitat

THE term habitat is used here rather than the term human settlements for a specific reason. A habitat is defined as the
place where an animal or plant can live and grow in its natural condition. For example, a monkeys habitat is the jungle where
it can roam freely among the branches of trees and spend its time in leisure; the birds habitat is a tree.

Mans habitat is a little different. His search for an ecosystem to live and thrive is propelled by certain characteristics that are
unique to him. By its very nature, the human organism needs to associate with others of its kind. Among all the animals, the
human being seems to be the only one capable of expressing its feelings in words, in music and in art.

Anthropologists tell us that humans need to associate with one another for very basic reasons: physical and material security,
emotional nourishment, and intellectual and spiritual enrichment

The story of humankind has indicated that where people converge, ideas flourish. We know that in the ancient cities of Rome
and Athens, as it was in Alexandria and in the Chinese cities of the Tang dynasty, population density accelerated the
exchange of ideas and innovations.

Mans habitat started as shelters for immediate family members who banded together for the chores of hunting and gathering.
When agriculture was invented about 10,000 years ago, families started to settle down in greater numbers and began to form
small villages. In time, the villages grew into towns, and then expanded to become cities. However, towns and cities generally
remained small and quite manageable. It was not until the latter part of the 20th century that the phenomenon of mega-cities
emerged, cities with inhabitants of 10 million or more people.

The dictionary defines a city as a large town. The legal definition, on the other hand, may depend upon criteria such as
population and where the territorial boundaries are drawn. The population of Tokyo ranges from eight million to 39 million,
depending on where the city lines are drawn. The same is true of other metropolitan areas such as New York, Sao Paolo, San
Francisco, Bangkok, Shanghai, Manila, and London.

In the case of the City of Manila, it started out as small settlements on the mouth and delta of the Pasig River, where it opens
into the Manila Bay. At the start of the 20th century, the walled city of Intramuros, then the heart of the City of Manila, had a
population of less than one million. Over the years, it grew to 1.6 million in the 1950s, and in the latter part of the 20th century,
the urban agglomeration that is now known as Metro Manila already had a population of between nine and 11 million,
depending on the time of day. While its original land area was only a few hundred hectares, the city developed into a
metropolitan area of approximately 63,000 hectares, comprising 18 towns and cities. Over a period of 30 years, houses,
factories, and communities sprouted like mushrooms. It is this uncontrolled expansion that led to the present sprawl of human
settlements into farmland, wetlands and freshwaters,

From farm to city
The sense of security provided by agriculture made humans gradually leave the nomadic days of hunting and gathering. The
significant point of transition in human civilization was when people started to settle down in more or less permanent locati ons.
Agricultural advances in the domestication of animals and the use of irrigation enabled early farmers to provide enough food
for all the members of the family, tribe, and later, of the villages in which they lived. In some cases, there was even a surplus
that could be traded with other people for needs that the farmer could not produce by himself.

The Neolithic (Stone Age) villages that first started in Mesopotamia made extensive use of stone-based tools. As prosperity
increased by the trading of surplus, the number of village inhabitants grew as more people settled down to take advantage of
the favorable trading and livelihood opportunities. Soon, villages began to give way to the beginnings of cities on the deltas of
the Nile, the Tigris, and the Euphrates rivers. Centers of civilization also grew along the Indus River in India and the Yangtze
River in China. All permanent settlements required four main features in their development: advances in technology, a
favorable physical environment, social organization, and population growth.

The worlds earliest cities arose in the valleys and plains of Earths great rivers. The availability of water was the foremost
consideration in the choice of location. The streams and tributaries of the great rivers provided early humans with their supply
of drinking water and freshwater for irrigation.

While great cities grew and disintegrated in the course of various civilizations, the populations of their towns generally
remained rural in character. No more than a mere hundred years ago, at the turn of the 20th century, only one out of 10 peopl e
in the world lived in cities. Today, a mere hundred years later, five out of 10 people live in these urban human agglomerations.

The clue lies in industrialization. With the Industrial Revolution in full bloom, 2/3 of the farming population moved into the cities.

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The age of industrialization prompted the need for workers to produce goods and services en masse, products that were
desired by an all-consuming market.

At the same time, rural folk grew tired of the backbreaking work on the farm, of plowing the field under the heat of the sun, for
marginal and uncertain returns, vulnerable to the fickle winds of weather. Many of them sought the city for the seeming
certainty and security of daily wages that were to be earned in factories and establishments. Whereas until 1950, most of the
worlds jobs were still found in the agricultural sector, by 1990, there was a shift to the services sector, an outgrowth of
industrialization.

It was also a time when human society started to become markets, and personal relations were referred to
as transactions.

The expansion of the modern human habitat, the city, was also a product of improved sanitation and control of diseases. In the
past, cities could never grow to unmanageable sizes. Unsanitary practices resulted in the outbreak of diseases, pestilence,
and plagues that would wipe out large numbers and cut down the human population to size. Twentieth century civilization,
however, achieved breakthroughs in medical science. The advances in the discovery of sulfa drugs, penicillin and antibiotics in
the 1930s now allow for the effective treatment of previously incurable diseases such as tuberculosis, meningitis, tetanus and
other infections. Great advances in surgery anaesthesia and health care also now prevent sure-deads. Whereas a ruptured
appendix in the 1800s would have resulted in immediate death, an appendectomy performed in time, today, has become a
common surgical procedure that saves countless lives everyday. The discovery of anesthesia was another milestone in health
care: The human organism could now be repaired and some parts of it removed or replaced while the organism was rendered
in a state of deep sleep.

Another vital factor behind the exodus to cities was the widespread use of oil for motive power. Unlike coal or firewood, oil
was more convenient to transport and to burn. It enabled cities to be supplied with food and raw materials harvested or
extracted from very distant places.

The food that the people of Metro Manila eat comes from all over the country. All this
movement of goods is made possible because oil can easily be contained in the fuel tanks of ships and motor vehicles that
ferry the goods and farm produce across great distances. Fruits and fish are now even transported by airplane, the aerial
version of the motor vehicle.

All advances in the internal combustion engine fueled by oil occurred only in a mere 100 years. They all contributed to the
exponential growth of cities and the mega-cities that we find today. Remove oil from the human economy and watch the cities
start to break up into smaller self-reliant communities. The pattern of urbanization shows a seemingly cyclical movement, a
case of history repeating itself over a span of the last 1,000 years. In the year 1,000 A.D., almost all of the 10 largest cities in
the world were in Asia. On the eve of the Industrial Revolution, i.e., in the 1800s, only three of the 10 largest cities were in
Europe. By 1900, with the Industrial Revolution in full swing, nine were in Europe and North America. Today, in the year 2000,
eight out of the 10 largest cities are, once again, found in Asia. Only two are outside the region, the cities of New York and Los
Angeles.

Thwarting the soul
In the words of a French architect, modern-day cities have become ineffectual instead of enriching our minds and feelings,
the cities of today use up our bodies and thwart our souls.

Everywhere we look, the city is made up of two faces: one is the
face of the very rich, some sinfully so, and the other, the face of the poor, of the sinfully poor. On the poor side of town, one
finds filth, with air and water so foul they are fit for neither man nor beast.

Humans need a secure dwelling. Without a home of his own, a nest so to speak, life becomes uncertain and unsettling for
the human individual. When a person has a living space, safely shielded from the elements, he and his family are given the
chance to live peacefully.

With livelihood having transformed from the farm to the factory, people began to seek a dwelling in the city. However, land in
the cities was naturally limited. With the sudden surge of human population in the 20th century, land in cities has become
overwhelmed by the demand for housing. As more and more people needed housing, land became a precious commodity,
often beyond the reach of many to acquire. In the high-density areas of today, where land prices have become prohibitive,
even the air space is being usedbuildings are made to rise high into the air and people are stacked up in little boxes of
space called apartments in skyscrapers.

A condition sine qua non for a livable town and city fit for human habitation is a place where there is plenty of open space and
greenery. Congested dwellings do not allow the full development of the human self. Evidence culled from sociological studies
conducted in highly congested slums reveals that the rate of violent crime is highest in these areas. Almost all of the worlds
cities have their version of slums where living conditions are at their worst.

In his book The Human Zoo, the author Desmond Morris describes the living conditions in heavily congested areas and their
effect on the psychology of human beings. He says that the term concrete jungle is not the appropriate term to describe the
present situation of cities. The more correct term is a human zoo. In a jungle, animals behave properly and in accord with
their respective natural instincts. In a zoo where the animals are confined and caged, animal behavior becomes erratic and
perverted. When placed together in confined quarters, animals of the same kind attack and even kill one another, not to eat
but only to vent anger. This is something they would never do when roaming free and when living in naturally favorable
conditions.

One of the indications of a good habitat is to see how the organism that lives within it moves around its surroundings. Take the
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case of a monkey. While moving around from one place to another, the monkey does so with its own power. On the other
hand, humans have long used means outside themselves to travel. At first it was other animals, and later machines.

The invention and popularization of the combustion engine and the use of oil allowed man to travel over greater distances with
the use of motor vehicles. We now travel in a gleaming iron horse that cost us anywhere from $15,000 to $ 30,000 to possess,
and much more to maintain. These vehicles occupy an average of 12 sq m of land when stationary, and much more when
mobile.

Above all, this internal combustion engine spews out billions of tons of carbon dioxide, a principal greenhouse gas. We now
know that CO
2
dirties the air beyond Earths capacity to absorb. Studies show that air pollution affects the health of people in
almost all cities the world over some 1.1 billion people are affected by air pollution, of whom about three million die every
year from respiratory illnesses.

In Metro Manila alone, the cost of air pollution has been estimated by the World Bank to be at
least $200 million per year.

Cars and other motor vehicles continue to be manufactured and bought everyday by people all over the world. In almost all
countries where proper mass transportation is inadequate, a car is so valued that it is the first thing a young upwardly
mobile professional or any economically struggling family aspires for.

What if every citizen in the world aspired to own a car? Priced at $15,000, at least, it would actually cost more than 10 times
the money an average wage earner from a developing country earns in one year. This assumes that for the whole year, he
and his family will not eat. Put differently, if an average wage earner and his family were not to eat for the whole year and
simply saved all of the money, it would take him more than 20 years to buy a car.
In addition, these motor vehicles also cost at least $200 or more per month for the expense of gasoline, oil, servicing,
insurance, registration, tires, etc., not including the depreciation in the normal wear and tear of the vehicle.

If this mode of
transportation sounds ridiculously expensive and prohibitive, it is.
Cities everywhere run out of land to accommodate these vehicles. A car occupies at least 12 sq m of land, stationary, and
much more when mobile. In the United States and China alone, about 1.2 million hectares of farmland is lost every year just
to build roads.
Motor vehicles spew out billions of tons of carbon dioxide, a principal greenhouse gas and the leading contributor to the
perplexing phenomenon of global warming.
Everyday, people spend an average of three to five hours on the road traveling to and from their places of work. Observing
their faces as they are stuck in traffic every day is like watching people in a funeral procession.
Many commuters spend at least two to three hours on the road every day. For some it is much more. The hours lost in
boring travel are hours lost forever. These are moments of time which would have been better spent in the company of loved
ones, or devoted to creative endeavors.
At the end of the year, the tally sheet shows that a million people die in vehicular accidents. Put differently, this number of
victims is equivalent to the number of people who would die if 10 jumbo jets were to crash every single day.

The Metro Manila chokepoint
There are only about 1.2 million motor vehicles registered in Metro Manila, with a density of 94 cars for every 1,000 people.

But because of limited lands and poor roads, traffic congestion is a nightmare. Note, for example, that our roads were not
made for cars, but for calesas, horse-drawn carriages. Thus, under normal conditions, one has to set aside one to two hours to
cover a distance of only 20 or so kilometers. During rush hours, paydays, Fridays, and rainy days, the situation is aggravated
even further. Then again, that does not even take into account the possibility of a vehicular accident on the road.

What is worse is the psychological damage done to people. Because convenient and comfortable means of transportation is
very difficult these days, people aspire to buy a car. At the first sign of material progress, people work hard to be able to buy a
motor vehicle to ferry him, often alone, to work. All this adds up to flawed sense of economics and a totally wrong set of
transportation priorities. Because convenient and comfortable mass transport systems are not in place and properly
functioning, people are compelled to spend much of their time slaving away for the price of a comfortable means of
transportation.

The SUV vehicle is a particularly silly modernity. It is a vehicle sought after for its four-wheel power drive and independent
suspension, useful for farm and dirt roads and rugged terrain. When we see them zipping around the city, we wonder if there is
anywhere in the city where they will ever need all that power.

In the US, the inventors of the SUV, there is hardly a single mile of unpaved road where the need for a four-wheel-drive would
ever be justified. In the realm of psychoanalysis, these SUV owners who have absolutely no need for that extra power would
be a perfect case study. Sigmund Freud would have a word or two to say about their idea of masculinity.

As a means of transportation, the car becomes even more inappropriate when we look at the environmental implications. Take
a look at how much ore had to be extracted to turn its metal into steel, all that rubber and all that plastic that it takes to make a
car. It also takes up an undue amount of space, and a lot of land, for the simple act of moving people and goods. In a word, it
is too wasteful. Morever, cars also emit 90% of all the artificial particulate matter that now floats in the air.
85

The traffic bedlam in Manila today is caused by only about one million motor vehicles that ply its roads. What if one million
more people in Metro Manila who aspired to buy a car suddenly succeeded? One does not need scientific modeling to see all
vehicular traffic and all movement of people and goods in Metro Manila simply grinding to a complete halt.

All the evidence points to one conclusion: The mode of transportation we have been using in the past 50 yearsthe
individualized motor vehicleis no longer a feasible transportation option. To paraphrase the words of a transport inventor in
the year 2001, it does not make sense to use 2000 kilos of steel to transport 60 kilos of ass.

Water and urban planning
As we have seen, water supply was always the first consideration in early human settlements. As early as 100 B.C., the
architect Vitruvius emphasized the fact that finding water was the first step in the planning of a new city.
30
To this day, it
remains the primary concern.

One of the goals of conventional urban management is to supply enough water to the citys inhabitants, and then to dispose of
the used waters as quickly as possible. This strategy has been far from successful. In a recently conducted study, it was
disclosed that the majority of the people living in the cities of developing countries have no access to clean water and proper
sanitation. In fact, every year, about five million children die in developing countries because of gastrointestinal disorders like
diarrhea and infections from typhoid, dengue, and other water-borne diseases. This conventional strategy of water disposal,
i.e., of throwing away freshwater after using it, is neither appropriate nor viable. The freshwater crisis that will hit humanity in
the next 20 years will be a rude awakening.

Water treatment need not be costly. Nature provided one of the best forms of wastewater treatment in the form of wetlands.
Inland, they are called bogs; along the coast, they are called mangrove swamps. The wetlands along the coast have a greater
tolerance for absorbing heavy metals. This makes them excellent discharge points for industrial wastes that have undergone
primary treatment.

Flooding is another serious concern of cities. The volume and velocity of rainwater flow and the resulting flood has become
more intense because of the wide concrete highways and roofs that serve as funnels of water. The accumulated volume of
water is channeled into and flows directly through the drainage pipes and sewer canals. These sewer systems, if at all
existing, are themselves often congested with the solid waste that people indiscriminately throw away, further complicating the
picture. Add to this another factor: Structures are built on riverbanks, and often, even on the waterways themselves, without
observing the riverbank easements required by law. Add still further the fact that the watersheds and highlands have been
denuded of vegetation to the point of total exhaustion. What, then, can we expect?

A good example is the annual flooding of Metro Manila, where several of its municipalities lie at or slightly below sea level.

Flooding takes place even with a moderate downpour, often aggravated by high tide. With little or no drainage, its canals are
choked with the garbage of the city and the formula is played out to its logical end.

In contrast, consider the example of the City of Boston. The city was fortunate to have heeded the advice of landscape
architect Frederick Law Olmstead who helped in the city planning in the 1880s. Olmstead advised Boston to maintain a wide
zone between the waters of the Charles River and the buildings in order to keep the human settlements away from the
floodplains of the river. Instead of allowing construction in this zone area, it was transformed into a riverfront park. The town
planners correctly anticipated that this would be a cheaper and more sensible option than keeping the naturally recurring
floods away by pumping or by other expensive public works projects. Those who have seen what is now known as Bostons
Back Bay know what a beautiful district it is. A hundred years thereafter, we can now appreciate the careful planning and
wisdom that went into making the laws of man (zoning) conform with the laws of nature (recurrent flooding).

On the other hand, the City of Los Angeles was so greedy for land that it allowed the paving over and concreting of almost al l
of its vacant spaces. In the 1930s, Olmsteads son, then an architect of repute in his own right, advised Los Angeles to retain
as much open land as possible in and around the city and near its rivers. The advice went unheeded and Los Angeles built
close to the banks of rivers. The fascination of Los Angeles with concrete is so deep even the riverbeds of its downtown rivers
have been cemented over. Los Angeles also left very few areas as parks and open spaces. In the early 1990s alone, it
suffered $500 million in property damage resulting from major floods.
34

What a waste
While cities today occupy only 2% of the worlds surface area, together they consume 75% of the Earths natural resources.
This is especially true of the rich cities like London, New York, and Tokyo. To feed and supply the people of London with the
food that they eat and the things that they use, roughly 58 times its land area is needed. If everyone in the world were to l ive
like the people in London, just to supply them with water, food, timber, steel and other raw materials would require at least
three more Earths.

Tremendous volumes of water and food coming from ever greater distances are required to feed these mega-cities . New York
City alone, with its 16.6 million people, requires 20 million kilos of food every single day. This food is harvested and
transported all the way to New York from, literally, all over the world.

Los Angeles gets its water from the Colorado River 1,000
kilometers away. Tokyo gets its wheat from Australia, the Americas midwest and Brazil.

Our cities are a stark picture of contrasts: the rich and the poor live almost cheek by-jowl with one another. The rich live in
86
walled and well-guarded enclaves with their roads lined with shady trees. The picture of the poor is markedly different. They
live on the banks of creeks and rivers, under the bridges, or even stealthily occupy vacant public and private lands. They have
no safe water supply, much less any semblance of sanitation.

Ironically, the poor pay the higher price for such a basic element of life: water. In Manila, the rich pay as low as $0.10 (P5.00)
per cubic meter, while the poor buy water from water retailers in small containers for as much as $1 to $2 per cu m (P50-
P100). Of the worlds three billion people who live in cities and urban areas today, it is estimated that 2.5 billion suffer a lack of
clean drinking water, lack of basic shelter and sanitation facilities, and from intense air pollution.

If an alien visited again today, by the sheer volume of solid waste generated by the Earths inhabitants lying around in the
landfills, garbage dumps, and roadsides, he would no doubt conclude that mankinds main preoccupation was the production
of garbage. Aside from the volume of waste produced, the methods of disposal were most primitivein many countries it is
just dumped almost anywhere.

While garbage is most voluminous in rich countries, it is most visible in the poor and developing countries.

The most common
disposal method of garbage that is used by cities around the world is that of landfills. A few resort to incineration.

The entire waste problem is really a simple problem of attitude. Even assuming that all the volume of waste is actually
collected, an impossible assumption especially in economically disadvantaged countries, the garbage still ends up a problem:
There is nowhere to put them. Everybody wants to throw garbage away, but no one wants to accept garbage in his backyard.

The not-in-my-back-yard attitude is an offshoot of the throw-away or disposable syndrome. Of the 20 million kilos of food
that enters New York everyday, as much as half of it is thrown away into the sewers or remote landfills.

Metro Manila alone
produces between 6,000 to 8,000 tons of garbage every day.

PART II: A Land Use Plan

Sub: The ideal habitat makes wise use of land, maximizes open spaces, and is served by an efficient public transport system

ALL environmental management begins with a land use plan. In fact, all of the problems of human settlements throughout
history have been largely the result of haphazard land use planning. A good land use plan must first take into account the
material needs of man. More important, however, it must address the need to set free the intellect, emotions, and the spiritual
nature of a human being. A well-planned city, therefore, provides for as many open spaces as possible, for watersheds,
ponds, lakes, and for vacant spaces where the city dweller can take a moment to enjoy nature.

One of the great ailments that afflicts urban man today is that he has lost touch with the elements of nature, elements that
would make him remember that he is part and parcel of all things, living and non-living.

There is a growing body of evidence
to indicate the innate need for contact with nature. Studies show that when humans are deprived of contact with nature, they
suffer great psychological harm, resulting in a measurable decline in overall well being. A case study conducted by a clinical
psychologist observing the rate of recovery of patients in a hospital in Pennsylvania discovered that patients whose rooms
overlooked the parking lot took longer to recover from illness than those whose rooms overlooked gardens with grass, trees,
flowers, birds and buds. In Tel Aviv, people go to the beach to swim after work, because the beach is right in the city proper.
In Portland, Oregon, an excellent example of good urban and land use planning, there is a waterfall that was left open and
undisturbed with its waters rushing and running right in the heart of the city. In summer, people actually bathe in its waters. For
passers-by, the sight of running water is soothing to the eyes and makes for a feeling of serenity in the human spirit.

The purpose of land use planning, according to law, is: To provide a rational, orderly and efficient utilization of land and its
resources...,To encourage a prudent use and conservation of land resources in order to prevent an imbalance between the
nations needs and resources.
The land use scheme shall include, among others;
a. A science-based, technology-oriented land inventory and classification system
b. A determination of present land uses, the extent to which they are utilized, under-utilized, rendered idle or abandoned
c. A comprehensive and accurate determination of the adaptability of the land for community-development, agriculture,
industry, commerce and other fields of endeavor.
d. A method of identification of areas where uncontrolled development could result in irreparable damage to important
historic, cultural, or aesthetic values, or natural systems or processes of national significance.
e. A method for exercising control by the appropriate government agencies over the use of land in areas of critical
environmental concern and areas impacted by public facilities including airports, highways, bridges, ports and wharves,
buildings and other infrastructure projects.
Title 3, Sections 22 and 23
P.D. 1152, The Environmental Code (1977)

The science of land use planning has noted that there is a tendency of people to try to fill up every available piece of land with
vertical structures. It might be dictated by population density vying for limited space, limited local government funds to maintain
open spaces, or the need to raise revenues by increasing business establishments. Another phenomenon is the desire of
political leaders to build monuments to their achievements as the visible signs of progress and development.

In the study of architecture, reversing the point of view and the positioning of certain elements is called changing the
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orientation. In good land use planning of coastal or riverine towns and cities, the water-body or waterway is made the center of
orientation and attraction. The prevailing orientation of filling up spaces requires a reorientation in planning the human
habitat. There is a need to recognize that open spaces are an integral part of design, as basic as the provision of hallways and
corridors in office buildings. In the science of political psychology, change in orientation is also called a paradigm shift.

As for the edifice complex of political leaders, it must be reversed. Instead of building vertical structures, open spaces must
be kept free from all obstructions. These must be made to conform to the innate desire of human nature to seek open spaces
where the mind and emotions may be set free.

Spreading it out
Commercial and business districts are the usual magnets for human and vehicular traffic. In order to decongest the central
business district and provide several centers of community interaction, a polycentric model of human settlement can be
followed. Mini-commercial and business districts may be allowed to grow in the different quadrants and sub-quadrants of the
town or city. With dispersed business districts, residents of the outskirts need not go downtown just to work. The streets
would then freed from the corresponding number of commuters removed from the road, resulting in reduced travel time for
other commuters. Suburban commuters also save travel time, time they could devote to more productive endeavors and
wholesome social interactions.

The regulatory tool that can facilitate this polycentric model is the simple tool of zoning. Fiscal incentives such as realty tax
credits and rebates on business licenses and fees are also an option to consider.

The local government units shall continue to prepare their respective comprehensive land use plans enacted through
zoning ordinances which shall be the primary and dominant bases for the future use of land resources: Provided. That the
requirements for food production, human settlements, and industrial expansion shall be taken into consideration in the
preparation of such plans.
Sec 20 (3)(c), Local Government Code

In the polycentric model, surrounding the dispersed business districts would be open spaces, wetlands, ponds, and bogs.
Around these areas would be residential districts, also filled with open spaces, ponds, mini-watersheds and aquifer recharge
zones.

The area allocated for community facilities shall vary with the density of the subdivision, i.e., number of lots and/or livi ng
unitsCommunity facilities shall be centrally located where they can serve maximum numbers of population, preferably near
or side by side the park/playgroundArea allocated for Park/Playground. Provision for park/playground is required in all
casesAllocation of areas for parks and playgrounds shall be exclusive of those allocated for community facilities and shall
vary according to the density of lots and/or living units in the subdivisionLocation of parks shall be based on hierarchy,
accessibility and shall be free from hazard, risks, barriers, etcLandscaping (sodding and tree-planting) shall be done by
the subdivision developer/ownerMinimum size for a pocket park is 100 square meters. Rule 3, Standards for
Socialized Housing

To maintain a rational and bearable urban life, open spaces are a must. A proper policy objective must be for the State,
represented by the Government, to preserve and/or reacquire the open spaces and thereafter, enhance its beauty as pocket
gardens of Mother Nature.

No matter how maddening the pace of life in New York can be, what makes it livable is that the visionaries of days past
decided to set aside a large tract of land right in the midst of some of the most expensive real estate in the worl d. Right in the
heart of Manhattan Island one can find a 200-ha open space in what is called Central Park. In Manila, there is the Luneta Park.

Abandoned and dilapidated buildings, long vacant idle land within the city, easement zones, sidewalks, as well as other lands
could be inventoried and then preserved as open spaces for parks and playgrounds. A vigorous program of reacquisition by
purchase, expropriation or outright cancellation of title (in cases of fraudulent titles) can be launched by local government.
Fiscal support can come from the development fund of the local governments allotment from national internal revenues.

If a building, wall, column, or any other construction is in danger of falling, the owner shall be obliged to demolish it or to
execute the necessary work in order to prevent it from fallingIf the proprietor does not comply with this obligation, the
administrative authorities may order the demolition of the structure at the expense of the owner, or take measures to insure
public safety.Article 482, Civil Code

Dangerous buildings are those which are structurally unsafe or not provided with safe egress, or which constitute a fire
hazard, or are otherwise dangerous to human life. They are also to be treated as dangerous when i n relation to existing
use. They constitute a hazard to the safety or health or public welfare because of inadequate maintenance, dilapidation,
obsolescence, or abandonment; or which otherwise contribute to the pollution of the site or the community to an intolerable
degree.Sec 214, National Building Code (PD 1096)

When any building or structure is found or declared to be dangerous or ruinous, the Building Official shall order its repair,
vacation or demolition depending upon the degree of danger to life, health, or safety. This is without prejudice to further
action that may be taken under the provisions of Articles 482 and 694 to 707 of the Civil Code of the Philippines. Sec
215, National Building Code (PD 1096)
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Todays marketing in material goods, described as consumerism, has given rise to the modern cathedrals of civilization
gargantuan shopping malls. In planning sound and rational traffic management, the location of large shopping malls and
commercial complexes must be studied well and carefully. Among others, this form of commercial development must never
be allowed along major highways.

If large commercial centers must be accommodated at all in the land use and zoning plan, these should be far away from
the main road, and far from the city if possible, in areas with wide open spaces. Not only would it avoid traffic congestion in
already high-density cities with narrow roads, it would also spur development in the more sleepy communities outside the
city.

The perfect public transport scheme
We now understand that the cost of the motor vehiclein terms of human lives lost in accidents, lost productivity from traffic
congestion, lost health from to air pollution, and the emotional cost of stress and anxiety from the otherwise simple act of
travelare simply unacceptable. There is a growing realization that there are not enough roads, nor enough land to
accommodate all these cars. There is also not enough air to breathe if internal combustion powered motor vehicles continue to
pollute the air. If so, then a paradigm shift in planning mans habitat becomes inevitable.

Only about 60 or so years ago, people were still transported by horses. If one were to compute the horse-to-passenger ratio
then, it would be at least one is to one (1:1), i.e., one horse (power) transported one person.

The goal of every transportation
mode must be to make this proportion as efficient as possible. Thus, if one horsepower can carry four people, so much the
better. On the other hand, every transportation option must avoid using 100 or even 200 horses for the simple act of carrying
one passenger because it is wasteful.

However, the so-called wonders of modern technology have somehow made it a wastefully inverse ratio. Now, one car with a
horsepower rating of 100 to 200 horsepower often carries only one passengerthe driver.

Whether we like it or not, the era of individualized motor vehicles running on oil and which uses the present road system is
over. The cost of carbon emissions and its climatic consequences are simply too high. The only possible option, therefore, is
an excellent mass transport system that is safe, convenient, comfortable, and pleasurable.

Providing a mass transit system to eliminate cars on the road would not, by itself, induce people to use it. The transportation
option must also be so attractive as to foreclose other choices. Where there are the commuter trains, the fare is sometimes too
high to attract mass passengers. Another consideration is the inconvenience and the time-consuming act of lining up for
tickets and turnstiles. In cities with bad mass transit systems, it is cramped, and the travel time spent from one place to
another is spent in boredom.

Instead, why not introduce a safe, comfortable, convenient, and fun-filled mass-transit system that is totally free? At absolutely
no cost to the passenger, a person can board and disembark, as many times as he desires. The only financial arguments
presented to justify the collection of fares are: (a) need to recover to recover the financial investment of the mass
transportation infrastructure; and/or (b)to defray part of the operating cost.

The revenues derived from operations can never recover the capital cost of putting up the infrastructure for a mass transit
system. To any government planner, this capital cost is part of the governments social investment. It is an investment t o
increase human contact and society and create an environment for positive social friction. Air rights and government land in
the transport nodes created along the rail lines can be used for commercial and residential development. Revenues derived
from rentals are quite insignificant, however. In the language of finance, the payback period of a rail/mass transit system i s
very long.

If the sunk cost of the infrastructure cannot be recovered, the only thing left for us to think about is having to earn something
to cover the cost of operations. Empirical evidence gathered worldwide, however, indicates that the fares collected hardly
ever come close to a significant amount that will subsidize the cost of operations. The game of properly pricing transport fares
is always a difficult and, often, controversial balancing act. If the fares were increased high enough to cover the operating
expenses, no one would use the transit system. On the other hand, not collecting any amount does not appear to be
financially right, at least at first sight.

As it now stands, the riding public pays for only 10-30% of the operating cost. Chicago, one of the cities where mass transit
fares are among the highest in the world, the revenues derived from fares amounts only to 30% of the operating and
maintenance costs of running the mass transit system.

In the science of the government fiscal management, the amounts are
too insignificant to bother with.

Other alternative sources of revenues may be explored. Increase the tax on gasoline, but dedicate the revenues for a free
and excellent mass transit system and environment-friendly transportation options. A portion of the real property taxes may
also be allocated by the local government to support the rail/eco-friendly transport system. It can be used to acquire more
rights of way for sidewalks, bicycle lanes, jogging lanes, and in the maintenance of carousel lines. The price of cars in
Singapore is easily three times more than the price of cars elsewhere. The taxation system is used to discourage the
purchase of cars. In addition, a hefty fee is charged for the privilege to buy a car called the Certificate of Entitlement (COE).
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Today, the practice of banning the entry of trucks into the city at certain times of the day is an accepted practice of regulatory
power. It is time to take this system a bit further by regulating and charging a fee for the entry of cars into the commercial
business districts (CBD). Open spaces in the periphery of the city may be used for parking spaces for automobile owners who
want to park their vehicles outside the city limits. This will perk up real estate earnings from vacant (and idle) land in the
periphery lots to the nodular transport terminals.

Less energy-intensive transport systems can be adopted, such as bicycles, walking, and even horse-riding. The cost of
infrastructure is very little. In fact, the road system now used for motor vehicles can be broken up and part of it set aside for
these non-motorized transport modes.

A fun and free ride
A high-speed, comfortable and convenient rail-based system would serve as the backbone of the city commuter system. The
pricing policy would be to make it free for coach (or economy) class to encourage riders,

a nominal fee can be charged for
business class. Ideally, it should extend all the way to the outskirts of the city to encourage a more polycentric pattern of
development.

To maximize space and carrying capacity, the railcars may be double-deckers. Additional spaces may be made available for
comfortable seating arrangements, and room for school bags, brief cases and packages of the riding pubic. This rail system
should principally serve the metropolitan areas up to the outskirts of the suburbs, where one could change to another rail car
to travel out of town.

User-friendly terminal stations could be strategically located at the critical stops. Preferably they should be located in the least
congested areas not only to minimize legal right-of-way problems, but also to spur development in the area and decongest the
inner city. A terminal station must be soothing to the soul. It should contain open spaces, garden pathways, fishponds, interior
pocket gardens and open-air aviaries. This, in turn, would reduce, if not altogether remove, air-conditioning costs. These
terminal stations will serve as transfer stations to small rail-based carousels. It must have ample and safe parking areas for
people to park their bicycles, if they wish to ride their bikes instead of taking a carousel ride.

A carousel is the classical merry-go-round so enjoyed by children and adults all over the world. It is a staple of carnivals and
amusement parks. Its variations are the Caterpillar and the Roller Coaster, contraptions and cabins that offer thrilling open-air
rides.

The idea of using and refining the concept of a mass carousel transit system is quite revolutionary. Although it is not yet
commercialized, the technology is widely and cheaply available as an option. In fact, it is used by all entertainment parks
and carnivals all over the world. It follows a designated path, thereby relieving traffic congestion. It is much smaller than a
car; whereas a car takes up anywhere between 12 and 15 sq m of space, a person in a carousel occupies less than one
square meter. In fact, if the carousel cabin can be made a double decker, the space occupied would even be much less, in
the order of about 1/4 of a square meter per passenger carried. It will not emit smoke in the roads, thereby relieving air
pollution and reducing respiratory ailments. It will be as private as, but more fun than, riding a car. It will consume less oil and
fossil fuels, and most of all, it will restore the fun of travel.

The cabin and the seats must be bigger than the carnival carousel cabin, more akin to a car, with cushioned bucket seats
facing front. It can be built in modules to seat two, four six, eight, 10 or more riders. It can be modular in the sense that it could
be connected or disconnected as needed. During rush hours, for example, more cabins could be attached to accommodate
the increased human traffic. During lean hours, these could be detached. Thus resulting in significant cost savings in the
electricity-powered carousel rail line.

Unlike the open-air cabin of a carnival carousel, the carousel concept offers protection from the elements, with transparent
fiberglass windows and a sun- or moon-roof that can be opened for ventilation and viewing. The seats are individualized
reclining bucket seats. The engineering work for a carousel line is really quite simple; a junkyard mechanic can easily do a
prototype.

The carousel line can also be designed for pleasant travel. It need not follow a totally flat surface. Rather, it should be
undulating, rising at times to the level of treetops. Again, people tend to forget that part of the enjoyment of travel is the
journey itself.

The car-ousel would utilize very little space, a mere fraction of the space being taken up today by individual cars. This is
largely because it reduces the space requirement from the former 12-15 sq m needed for present day cars, to about one
square meter or even 0.5 sq. m. By doing so, it radically frees up the space formerly used for roads. Roads can then be
opened up to become land once again and be devoted to more productive uses.

The rail line will be a narrow strip of land at least two meters wide as the right of way to enable the carousel to speedily travel
by electric rail. Only a fraction of the land used today for roads will be needed. Where right of way problems are difficult , a
slightly elevated rail line could be considered as an option in some areas. It will feed secondary roads to living communities.
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From the different stops along the carousel line, people can disembark to walk, bike or take little non-polluting cars to their
homes.

By discouraging the use of individual cars, the paradigm shift we sought earlier becomes feasibletransporting people using
minimal horsepower. The large automakers would be well advised of this reality. The more progressive ones are now looking
at ways to run a combined cycle of gas and electric power, a model soon to see commercial production and sales. The
engines are powered both by gasoline, which powers the motor, that in turn charges the battery. The gasoline-powered engine
then shuts off, and the car is run on the power of the battery.

The next step to take is to change the size of the motor vehicle, perhaps to the size of golf carts. With paved roads and level
terrain, not much horsepower is needed; a smaller engine will require considerably less fuel. With a smaller body, it will
occupy less space. A four-seater model can be built without difficulty. Note for example, that caddies in a golf twosome can
even hitch a ride on the players two-seater golf carts.

The engine need not be large, as extra power for air-conditioning is not required. If we are able to remove enough of the cars
and motor vehicles from the roads, the air will heal itself very quickly and will once again be fit to breathe. The cities will also
cease to be islands of heat.

Open spaces, less waste
The excess of concrete roads that we have today will suddenly be unnecessary. We can then begin to turn them into open
spaces with lush vegetation and a few bodies of water here and there. Patches of land from two to 2,000 sq m could suddenly
be opened up and planted with local vegetation.

The native flowering plants and fruit trees would bring color and vibrancy to the surroundings. These open areas can be
transformed to feature special plants and trees indigenous and/or endemic to the locality.

The present mode of transport in the form of an individualized motor vehicle will be an artifact of the past. The challenge that
remains now is how to think up of exciting options to the transportation system of the future.

Water, after use, is being wasted. If we followed the land use pattern suggested abovefreeing open spaces within the city,
following a polycentric planning of cities, placing shopping malls away from main thoroughfaresand adopt mass rail-based
transit systems, we would not need so many roads. We could, then, open up concreted land and devote it to vegetation,
ponds, lagoons, and pools to catch, process, store, and recycle fresh water.

We need to reserve land for the storage and natural treatment of used waters. A series of gravity-controlled reservations can
make an excellent filtration and natural treatment system. It is important that fresh water is never wasted.

In the matter of irrigation use, it is necessary to adopt more efficient and well-targeted drip irrigation systems. For domestic
use, the goal of a sound water policy must be to improve the ratio of water use per person. At the present rate of consumption,
the ratio of one cubic meter to one person is unsustainably high and can be greatly improved.

Of the amount you pay for water, 1/2 goes to pay for potable water, only to be flushed down the toilet. Immediately, two water
conservation strategies come into mind: Reduce water usage in toilet fixtures, and pipe in non-potable water for use in
flushing toilets.

There are many options for a sound water policy. A massive and sustained education and information insemination campaign
is needed. Things will change only if the people begin to change the way they think of water. Water efficiency measures,
reservoir and recycling systems, and easements must also be considered. The issue of water needs to be treated with great
urgency. The freshwater crisis will reach a crescendo within the next 20 years, much sooner than the anticipated sea level
rise.

It is important to keep the right-of-way to the water wide open. The farther people stay away from the floods, the better. That is
why the law directs that easements along the three-20-40-m margins of the riverbanks and seashores be kept open (three
meters in urban lands, 20 meters in agricultural lands, and 40 meters in forest lands). The local government concerned may
make the margin wider, taking into account the local conditions of water movements and flooding patterns.

It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solid waste management
program. This program shall utilize environmentally sound methods that maximize the utilization of valuable resources and
encourage resource conservation and recovery. It shall set guidelines and targets for solid waste avoidance and volume
reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery,
green charcoal process, and others in accordance with ecologically sustainable development principles.

Preamble,
Ecological Solid Waste Management Law, RA 9003

Waste is a verb meaning, to make poor use of something, to spend uselessly. Its synonyms are to squander, to
dissipate and to needlessly throw away wealth. Everything that humans now use have all been made from some part of our
natural environment. These are the parts of matter that we, with our ingenuity, have extracted, converted and used for our
91
personal benefit, convenience, comfort, and sometimes, even for our whims and luxury. The materials taken and the Earth will
never return to its original state; thus the need to extend their usefulness. Since matter cannot be destroyed, the matter used
will just change its form but will have to go somewhere, one way or another.

People want to throw away their waste, but no one wants to take it in his own backyard. What if we revised this paradigm into
one that would require everyone to eat your own garbage? Would we still produce as much as we do now? The thinking shift
is important if only because it brings home to each and every one of us, in a very personal way, that the garbage we produce
has to be taken in by others.

Why not require every household to dispose of their garbage only within their own locality? A local ordinance can be enact ed
which will direct that garbage may be disposed of only within the territorial boundaries of the smallest unit of political
organizatione.g., a village. The entire barangay will then be spurred and mobilized into a cooperative mode. They will then
start to put up a common composting facility for all the wastes. Next door to that organic composting farm could be a small
recycling facility where otherwise idle labor (men, women, unoccupied youth and others) could be employed segregating
recyclables.

Reducing the level of garbage management to the lowest grouping of socio-political organization is pursuant to the proximity
principle of garbage management (i.e., the principle that waste must be disposed in a place closest to the source). It is in
accord with the atomization of resource responsibility (i.e., making everyone aware of the resource used and of the
responsibility for wasting it or not to waste it). And, it is in consonance with the principle of subsidiarity.

Indeed, if every village were to be responsible for disposing of its garbage only within its own territory, all the village officials
and residents would jump over one another in trying to ensure that their village and homes would not stink up. People would
then begin to have two garbage cans, a small investment to be sure, to be able to collect the wet and dry garbage in separate
bins. The wet garbage or organic waste could go to the composting yard, the dry or non-biodegradable to the secondary
segregation facility where bottles, plastics, and cans can be separated.

To defray the costs of these activities, fees can be collected equivalent to the volume of the waste that must be thrown away
completely without hope of recycling. On the other hand, the segregated waste destined for composting or recycling may be
subsidized by the local government. Scavenging communities can be organized into cooperatives and employment
opportunities can be opened up in the recycling business and industry. By doing so, sanitary standards can be properly set
and maintained preventing undue exposure to health hazards.

The funds freed up from having to pay large sums to garbage collectors and operate large sanitary landfills and incinerators
can very well be put to better use. These funds can then be used to organize recycling cooperatives. Everywhere around the
world, some islands of good examples have been set by local communities in the proper handling of wastes and garbage.
Technology is not an issue. Nature has shown us its cyclical processes to illustrate the point and need for recycling and waste
minimization.

There are many more options available to creative local government officials. As they say, pollution and garbage are the
same: both are resources out of place, resources being wasted. It is important, therefore, for people to begin looking at
garbage not as a waste but as a resource. Waste has no place in the scheme of human wisdom.

CHAPTER 8
LOCAL GOVERNANCE 72000

IN his book of the same title, a long-time Speaker of the U.S. House of Representatives, observed that All politics is local.
He was referring to the fact that although national politicians appear to be engrossed in issues of national import, for a
politician to have a solid power base, he must address the very local, and often personal, needs of his constituents and ward
leaders.

There are two kinds of politics. The game of trying to arrive at a position of power is the periodic exercise known as
elections. In the olden days, the people chose whoever they believed were the strongest and the wisest. These days, it is
generally organized groups and political parties. First, these parties select candidates, then the constituency chooses from
this list of candidates. More often than not, it is not the wisest and the best but the one who has the deepest pockets that get
into positions of power.

In popular understanding, the manner by which people try so hard to get into positions of power, and the ways by which they
try to amass greater power in any organization, is commonly referred to as politics. This is but one aspect of it, the popular
face of partisan politics. Every now and then, it rears its ugly head, and gives the game of politics a bad name.

However, politics, in its essence, is not that. Politics is the governance of human society that fulfills the third imperative of all
animal lifesocial organization. As far as humans are concerned, leadership and good governance mean guiding the minds of
other humans in the right direction.

The kind of politics that will be discussed here is the second kindthe game of using available power to effect change for the
common good. If any change must take place at all to reverse the ongoing destruction and wanton abuse, it must do so at the
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broadest local level.

Subsidiarity comes from two Latin words: sub, which means under or beneath, and sedere which means to sit. The
principle of subsidiarity, therefore, states that decisions which affect a community must be made to sit on the lowest possible
level of political and social organization. In practice, this means that the people who stand to be affected by the decision
should be made part of the decision-making process. This must be so because, after all, the people who live in an area, know
the place better than others; they are the ones who will be directly affected by the decision to be made. The local leaders are
personally known by their constituents, so the principle of accountability becomes more personal and immediate. It is their
local resources that will be affected by the decisions taken. From the environmental point of view, these resources when used,
will forever be gone and unavailable to the local community in the future.

Closely related to the principle of subsidiarity is the principle of participation. The people who are affected must take part in the
decision-making process. In its most genuine sense, therefore, the local communities are the principal stakeholders. As
such, it is but right and proper that the local community be given the responsibility to chart its own course and consulted and
its concerns taken into consideration before a project that will have an impact on the environment is undertaken. People must
be made to participate in the monitoring of the environmental impact of any project or activity and given ample resources to
carry out these responsibilities and duties.

The Philippine experience
The principles of local governance become even more important in a country like the Philippines because of its archipelagic
nature. Political units in the scattered islands are far removed from one another and from the seat of government. Simple and
commonsensical as it may seem, however, that has not been the history of the Philippines local governance.

Much of the Philippine experience in local governance is the story of a colonial government exercising centralized authority
over the rest of the archipelago. Between the 16th century and the latter part of the 19th century, it was the Spanish colonial
government. At the turn of the 20th century it was the Americans. Between 1941 and 1945, it was the Japanese. And then
between 1972 to 1986, there was first Martial Law, followed by the authoritarian government of Ferdinand Marcos. By the very
nature of its political configuration, a colonial or authoritarian form of government seeks to centralize political power. It is in this
context that the experience of Philippine local governance has been highly centralized.

However, that is not to say that there were no efforts to decentralize power even in the early stages of Philippine history. It
started with the Malolos Constitution of 1898, which directed that the government must observe the(most liberal policy of
decentralization and administrative autonomy).

It took all of 60 years before the principle of decentralization was made into law. The first local autonomy law (RA 2264) was
passed in 1959. It vested the city and municipal governments with increased fiscal, planning, and regulatory powers necessary
to manage the local affairs of the municipality. The law also gave the local governments the power to adopt planning and
zoning ordinances.

In the same year, the Barrio Charter Act

was passed to transform the barrio into a quasi-municipal corporation vested with
powers to pass local ordinances and to raise its own sources of revenue. The barrio (now called the barangay) is the smallest
political unit in the Philippines. It is headed by an elected group of semi non-partisan village officials composed of the
Chairman of Barangay Kapitan and members of the barangays own legislative council, the Sangguniang Barangay.

A few years later, another law (RA 5185) was passed. It was known as the Decentralization Act of 1967, and it increased the
financial resources of local governments and broadened the area for decision-making over administrative and financial
matters. This policy direction was reiterated and enshrined in the 1973 Constitution. And then again, the 1987 Constitution
made even more explicit mention of local governments and local autonomy.

In 1991, a landmark law known as the Local Government Code was enacted to institutionalize the system of decentralization
(RA 7160). In broad strokes, the Local Government Code devolved the responsibility for basic services such as health care,
infrastructure, environment, agriculture, and social welfare, and transferred the enforcement of certain regulatory and licensing
powers (e.g., locational clearances and development permits). It increased the Internal Revenue Allotment (IRA) of local
governments, granted local governments a share in the revenues derived from the natural wealth (e.g., mining, logging, oi l,
etc.), and expanded the local government units (LGU) structure with mandatory and optional positions (e.g., an environment
and natural resources officer is mandatory for municipalities that rely heavily on the extraction of natural resources, and
optional in other municipalities. The code transformed the relationship between national and local government agencies from
patronage to partnership, and broadened the processes of governance beyond the confines of the formal structure and
promotes governance by partnership with civil society.

For environmental management concerns, it is important to know that local governments are now responsible for land use
planning, waste management, water supply and sewerage, park development and maintenance, the enforcement of
environmental laws, disaster relief and rehabilitation, health and social services, public transportation and management, and
housing provisions.

Success stories in local government
WHILE many of the local government units are still groping with the powers and resources suddenly afforded by the Local
Government Code, some innovative local officials have seized the chance to make a difference. In their respective localities
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these officials saw the convergence of need and opportunity, and successfully effected creative changes and solutions to the
difficult problems of their communities.

The common and most encompassing provision of the Local Government Code is the General Welfare Clause. In general
terms, the local governments are given the power to look after the general welfare of its constituents.

SEC. 16. GENERAL WELFARE. Every local government unit shall exercise the powers expressly granted, those necessarily
implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and
those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local
government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health
and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate
and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social
justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and
convenience of their inhabitants.

The real power in local government administration lies not in the provincial office but at the city or municipal level. The
Governor of a province, practically speaking, has very little power. However, a good provincial Governor is one who can use
the prestige and influence of his office to bring about needed changes.

Let us take the example of municipal waters. The jurisdiction over municipal waters lies within the enforcement powers of the
Mayor and the local Sangguniang. The Governor, however, could use his office to launch a massive campaign against
destructive fishing practices on a province-wide scale and monitor the progress closely. He can even provide the resources for
the campaign. However, the key player will always be the Mayor.

The basic services and facilities that must be provided by the local government, from the municipality to the province, is
contained in Section 17 of the Local Government Code.

For a municipality and city: Solid waste disposal system or environmental management system and services or facilities
related to general hygiene and sanitation.Sec. 17 (2)(vi) and (4)

Pursuant to national policies and subject to supervision, control and review of the DENR, implementation of community-
based forestry projects which include integrated social forestry programs and similar projects; management and control of
communal forests with an area not exceeding fifty (50) square kilometers (5,000 hectares); establishment of tree parks,
greenbelts, and similar forest development projects. Sec 17, (b)(2),(ii)

Provide for an efficient and effective system of solid waste and garbage collection and disposal and prohibit littering and
the placing or throwing of garbage, refuse and other filth and wastes.Sec. 447, (5) (xii), Duties of the Sangguniang Bayan
Duties of the Sangguniang Bayan
In 1990, Puerto Princesa was like any ordinary city in the backwoods of a third world country, with littered streets and dirty
surroundings. What made Puerto Princesa quite special, however, was that it was the capital city of the island province of
Palawan, known as the last frontier of wilderness in the Philippines. The 1992 elections brought to City Hall a new face in the
person of the Mayor. A half-breed Filipino with European descent, his reputation as a tough guy preceded him. Politically the
new mayor was quite isolated; members of the city council were his political adversaries. Making new ordinances was
therefore not a politically feasible option.

But the Mayor had a simple idea. He saw that there was litter in the streets and wanted to clean it. He researched the local
ordinances and saw that the laws were in place. Figuratively and literally, he took up the broom and started cleaning the
streets. To engage the help of the youth, the new Mayor went from school to school for a massive information dissemination
campaign.

In a mere six months, the place became clean. In a mere one year, the Mayor was able to effect a change in the mindset of
the people. The story has been told, and retold, that the cleanliness program has become so successful that if today you
threw litter in the streets, chances are that a child may just come up to you, pick it up and throw it in the garbage can. To
enhance the natural urban environment, the local government also initiated a greening campaign and planted trees and
ornamentals in the roadsides and hills.

Building on the success of this activity, the local government then turned its attention to the rampant illegal logging, slash-and-
burn farming, and dynamite fishing that was happening daily in the vast territorial area of Puerto Princesa City. The Bantay
Puerto program was organized. There was one task force assigned to counter illegal logging, slash-and-burn farming, and
other illegal land-based activities, and another task force assigned to control illegal sea-based activitiesdynamite fishing,
cyanide fishing, etc.

The campaign led to two significant events in the arena of environmental law enforcement. For one, it marked one of the first
attempts at legal innovation in local governance. To deter slash-and-burn farming, the Mayor announced over public radio that
henceforth, people who will be caught doing slash-and-burn farming will not be simply charged for violation of forestry laws,
but charged with the capital crime of arson. This caused a major upheaval among all concerned.

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In marine protection, the local governments efforts to protect its seas led to what is now a landmark legal case in local eco-
governance. The local government unit banned the export of live fish from Palawan, fish that were usually caught with the use
of cyanide. This move was challenged in court, mainly by people who were financially affected by the stoppage of the illegal
trade. In a milestone decision, the Supreme Court upheld the power of the local governments to pass and enforce laws
needed to protect the marine environment. In the stirring closing lines of the decision, the highest court of the land called upon
other local government units to be roused from their lethargy and adopt a more vigilant stand against the decimation of our
legacy to future generationsfor any further delay may prove disastrous, if not irreversible.

The city of Puerto Princesa, under the leadership of then Mayor Edward Hagedorn, has since garnered numerous local and
international environmental award in the field of good governance and environmental. These awards range from being
enshrined the nationally prestigious Galing Pook and Clean and Green Program to the internationally celebrated UNEP Global
500 Roll of Honor. It started as a humble desire to take up a broomstick to clean the city, and as they say, the rest is history.

Health and sanitation problems in cities are often compounded when garbage is left unattended. The first integrated garbage
collection scheme in the Philippines was launched by the Olongapo City government in September 1989. This came after a
massive information drive to encourage cleanliness and explain the program. Unique aspects of this simple initiative included
the use of plastic bags for garbage collection and the levying of garbage fees depending on the amount of garbage and the
nature of the establishment.

City officials say that public acceptance was crucial to the success of the program. That acceptance was achieved through an
energetic communication campaign that included school poster contests, barangay cleanliness drives, and even the
composition of a special jingle played on the eight garbage trucks public address systems as they rolled down the streets.

After extensive product testing, the city government found recyclable plastic bags of standard size to be the best container.
Residents now put out their plastic bags twice weekly and pay P10-P20 a month for the service. Business establishments
have garbage collected daily by uniformed garbage collectors and pay P30-P300 annually, The city government generates P6
million from this service. Since the program costs P4 million per year, the city nets revenues of P2 million annually through
garbage collection.

As a result of the city governments efforts, garbage piles have been eliminated in Olongapo, and the burning and tossing of
garbage in rivers has abated. Even jeepneys have special plastic bags for use by passengers.

Over 50 local government units from nine of the countrys 14 regions have come to Olongapo to inspect this garbage collection
system and other innovations of the city government. Several of these LGUs have already begun replicating the program in
their own jurisdictions.

The 40,000 residents in 28 barangays of Irosin, Sorsogon were the key players of a beautification program, in coordination
with their respective councils. From previously dirty and disorderly barangays, cleanliness and beautification goals were
achieved as shown by creative and indigenous fencing of residences and roadside improvement. Twenty-three Barangay
Tripartite Partnerships for the Uplands were federated at the municipal level. Community gardens using the idle lands, which
were collectively tilled, provided additional income to the communities.

An Irosin Center for Traditional Medicine was also established in each barangay. The multi-sectoral groups effectively curbed
illegal tree cutting and organized regular tree planting and maintenance activities especially in the watershed areas. Because
of the program, the day-to-day business of ecological preservation and development has become a municipal-wide
responsibility of various sectors. By overcoming apathy and factionalism, the program has elicited the residents drive for
excellence, spirit of cooperation and healthy competition.

Conceived in 1994 and implemented by the local government unit, the Sta. Maria Economic Foundation, an NGO and a
private enterprise, a garbage-to-fertilizer program in Sta. Maria, Bulacan was designed as a self-sustaining operation that
aimed to institutionalize zero waste management in the municipality. It included activities such as the separation of
biodegradable and non-biodegradable wastes, a collection and delivery of wastes to the plant, processing and recycling,
product marketing and others. Biodegradable wastes, which represented 38% of the total garbage collected per day, are now
recycled into organic fertilizer that, in turn, improved production yields of rice and vegetable farms, while the non-bio-
degradables are sold to recyclers and manufacturers.

The waste processing and recycling facility is capable of producing 90 bags of organic fertilizer daily or 2,700 bags worth P100
each. The organic fertilizer produced from recycling is environment-friendly because it is not acidic and enhances the fertility of
the soil at a higher rate than commercial chemical fertilizers.

The Reduction-Recovery-Re-use concept in waste disposal was made successful with the participation of the people in
segregating their waste and with strong discipline and a new mindset that waste can be made more productive. Benefits to
residents are not limited to livelihood activities but also includes protection from pollution, flood and epidemic. In additi on,
without the recycling plan, the municipal government would have faced problems in health and sanitation and would have
spent more money in acquiring an additional dump site to accommodate the increasing volume of garbage generated in the
municipality.

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Aparri, the northernmost province in the Island of Luzon, is composed of 42 barangays, three of which are located in the
coastal areasSan Antonio, Punta, and Maurawith a combined population of nearly 15,000. The seashores of these
barangays were commonly known as the longest toilet in the world because the residents defecated and dumped their
garbage in these areas as far back as their ancestors could remember. These unsanitary practices led to high incidence of
respiratory diseases and increased morbidity and mortality among the residents.

Alarmed by this negative impact, the municipal government, with a medical doctor as Mayor, conceived a program in 1993 to
eradicate the practice of using the seashores as defecation areas and dumpsites. Activities undertaken were dialogues and
consultations with the residents, massive information and education campaign on the importance of a healthy body and
healthy mind, clean surroundings as well as protection and conservation of the coastal environment.

In addition, the municipal government implemented the following interventions: delivery of health services such as free regular
check-up, distribution of medicines, construction and maintenance of public toilets by the users, installation of shallow pump
wells, collection of garbage, establishment of a land-fill site in Barangay Maura, planting of trees along the seashores and
creation of job opportunities through the municipal governments self-employment assistance. Municipal ordinances were
translated into barangay ordinances to give teeth to law enforcement at the lowest level of governance.

After several years of program implementation, mortality and morbidity rates dramatically declined, coupled with a total
eradication of malnutrition. All the households now had access to public toilets and potable water, within a short distance from
their homes. The natural beauty of the shoreline was restored and converted into a favorite tourist destination attracting local
and overseas tourists.

Hotels, restaurants, and beach sheds were established with increasing occupancy rates. Around 202 poor families were
provided with livelihood assistance which increased their income by 50-150%. Tax collection substantially improved. These
accomplishments were the result of changes in attitude and behavior of the people towards health and environment.

Extension and on-site research services and facilities related to agriculture and fishery activities which include dispersal of
livestock and poultry, fingerlings, and other seedling materials for aquaculture; palay, corn, and vegetable seed farms;
medicinal plant gardens; fruit tree, coconut, and other kinds of seedling nurseries; demonstration farms; quality control of
copra and improvement and development of local distribution channels, preferably through cooperatives; inter-barangay
irrigation system; water and soil resource utilization and conservation projects; and enforcement of fishery laws in municipal
waters including the conservation of mangroves. - Sec.17, (b)(2)(i), Basic Functions of a City or Municipality include

Blessed with a highly diverse and productive marine ecosystem of coral reefs, mangroves and seagrass beds, Sagay, a
newly-created city in the province of Negros Occidental, was famous for its lucrative fishing industry. It was an important
source of livelihood for 32% of the population. The massive exploitation of Sagays coastal and marine resources led to their
degradation, thus endangering the economic base of the poor and marginalized fishers.

This situation prompted the local government unit to initiate a marine conservation program in the 1970s. In August 1995,
Presidential Proclamation 592 was passed declaring 31,200 hectares of the citys territorial waters a protected seascape. The
area is popularly known as the Sagay Marine Reserve, which was established to preserve and maintain a highly productive,
biologically diversified, and ecologically balanced marine ecosystem through community-based management.

The marine reserve is administered by the Protected Area Management Board (PAMB) headed by the city mayor. The PAMB
was composed of three divisionsResource Management, Social Development and Law Enforcement. With its leadership,
backed by the Bantay Dagat of the city, illegal and destructive fishing practices were virtually eradicated.

Law enforcement was strengthened through the installation of watch towers in Carbin and Maca islands and the acquisition of
surveillance equipment. These protection efforts, coupled with mangrove reforestation, increased fish production and brought
about the reappearance of marine species previously believed to be extinct. The program facilitated the formation of nine
cooperatives/associations of small fishers. In addition training programs in coastal resource management, health, sanitation,
as well as values reorientation, land-based livelihood activities, and sustainable fishing methods (e.g., fish traps) were
conducted. In the end, fishers income rose dramatically.

Palompon is one of the oldest and largest municipalities in the province of Leyte. It used to be a haven of diverse mangrove
species, local and migratory birds, and coral reefs that provided a favorable spawning and breeding ground for marine life.
However, during the past two decades, indiscriminate cutting of mangroves, unregulated catching of fish during spawning
seasons, rampant illegal fishing, uncontrolled extraction of coral stones and other destructive fishing methods were left
unchecked. This led to a serious deterioration of valuable marine resources. The wanton destruction of these resources
threatened the livelihood of 80-90% of the residents in the coastal barangays.

An ecological amelioration program was launched to restore, protect, and manage marine resources. This was done through
the passage and strict enforcement of municipal ordinances related to the environment, environmental advocacy, networking
and community organizations for livelihood projects. After more than a year of program implementation, the cutting of
mangroves, illegal and destructive fishing methods, extraction of corals and hunting of birds in the islands was entirely
stopped. Fishers who used illegal and destructive methods in the past now employ sustainable fishing methods like fish
corrals, bamboo fish traps, spear fishing, hook-and-line. The fishers, whose average catch was between three and four kilos
for 10 hours of fishing, reported that their catch increased to four to seven kilos for 6-8 hours of fishing.
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In Tabuk Islet, around 2,000 wild ducks and other migratory birds belonging to more than twenty rare species feast on fish
and other marines products and playfully enjoy the serenity of the area. A night tour around the Tabuk islet shows schools of
fish of different species leaping out of the sea and dashing about in all directions. Palompon enforced the approved ordinances
and legislation through citizen action, police power, intensive surveillance, and public vigilance. The programs effectiveness
raised public morale and developed the peoples confidence in their municipal government.

Coral Reefs of Zambales

The depletion of marine resources in the island of San Salvador remained unabated through the years, as residents of this
island and other coastal communities used destructive fishing methods like cyanide, explosives and fine mesh nets and traps
called kunay.
The local officials and the community in the 400-hectare island united their efforts to protect and preserve the coral reefs.
The municipal government of Masinloc declared the 127-hectare portion of the municipal water adjacent to the island as a fish
sanctuary and additional coastal areas as a marine reserve. The Department of Environment and Natural Resources,
University of the Philippines and concerned environmental groups like the Haribon Foundation and Jaime V. Ongpin
Foundation provided assistance to the local government and the island community.
An environment management committee called the Lupong Tagapangasiwa ng Kalikasan (LTK) composed of island
residents, barangay leaders and the Bantay Dagat was organized and its members trained on how to safeguard, monitor, and
conserve the marine sanctuary and other reserved areas. Tree seedlings and mangroves were planted in deforested areas.
Environmental education and training programs were conducted. After a year, the number of fishermen using illegal fishing
methods decreased by 81% to 100%.
Marine resources also became abundant and diversified while the number of fish per 500 square meters increased by 29%,
from 311 to 402, after only one year. The protection of the fish sanctuary benefited not only the residents of the island but also
the entire fishing sector of Masinloc and other nearby provinces with the increase in fish supply.

Environmental Awareness
Eco-Walk - Baguio City
A random survey of school children in Baguio City showed that only a few understood the inter-connectedness of water
coming out of their faucets with the forest. In addition, none of the children had seen or gone to a forest. This realization gave
birth to Eco-walk, a program that aims to create environmental awareness among children through an experiential learning
and value enhancing process.
Conceived in 1992, the project is a joint undertaking of the city government with the schoolteachers, government
employees, barangay officials, the youth and socio-civic organizations. The activities include the following: guided hikes to
Busol watershed twice a week, observation tour of the flora and fauna, lectures on the effects of squatting, timber logging,
water resource depletion, and how these relate to climatic change. Other activities include environment-related quizzes and
songs, picnics, and tree planting.
The children reforested a barren area called muyong (Ifugao) or man-made forest which they visit regularly. The
continuous presence of children who came in groups acted as a deterrent to potential squatters and tree poachers.
A total of 25,000 tree seedlings were planted and continually tended by as many children. The children saw that the high
rate of survival of trees ensured the availability of water from Busol which supplied 35% of Baguios water requirements.
Strong volunteerism, active involvement of barangay officials, NGOs and the private sector with the support of the city mayor
are among the key success factors of the project.
Eco-walk has turned the Baguio Re-greening Movement into a community-wide undertaking composed of volunteer guides
from different sectors who have contributed funds to sustain the project. Proceeds from other fund-raising drives were used to
construct picnic sheds, purchase tools and equipment and establish a nursery.
This Eco-walk program was finally internationally recognized when it was inscribed in the prestigious UNEP Global 500 Roll
of Honor Award in the year 2002.

................................................................................

SEC. 18. POWER TO GENERATE AND APPLY RESOURCES. Local government units shall have the power and authority to
establish an organization that shall be responsible for the efficient and effective implementation of their development
plans, program objectives and priorities; to create their own sources of revenues and to levy taxes, fees, and charges
which shall accrue exclusively for their use and disposition and which shall be retained by them; to have a just share in
national taxes which shall be automatically and directly released to them without need of any further action; to have an
equitable share in the proceeds from the utilization and development of the national wealth and resources within their
respective territorial jurisdictions including sharing the same with the inhabitants by way of direct benefits; to acquire,
develop, lease, encumber, alienate, or otherwise dispose of real or personal property held by them in their proprietary
capacity and to apply their resources and assets for productive, developmental, or welfare purposes, in the exercise or
furtherance of their governmental or proprietary powers and functions and thereby ensure their development into self-
reliant communities and active participants in the attainment of national goals.
Environmental Resource Management
Bais City, Negros Oriental
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During the sugar crisis in the 1980s, Bais City, whose economy was dependent on sugar, experienced social unrest
brought about by unemployment. This led to increased insurgency, massive destruction of the forest (only 500 hectares left of
the 13,000 hectares of rainforest) due to illegal logging, kaingin (slash and burn agriculture), and charcoal making, illegal and
destructive fishing, squatting along river banks and mangrove areas. In addition, only 10%, of the population owned 90% of
the total land area. Around 65% lived below the poverty line. The displaced workers of sugar plantations became marginal
hillyland farmers and artisanal fishers, which increased the pressure on the citys already degraded natural resources.
Compounding these problems were concerns on soil erosion, flash floods, and watershed degradation.
This prompted the city government to undertake a program in 1993 with a jingle entitled: This Time Make It Bais, Its Yours
to Discover. The program showcased a comprehensive and integrated ecosystem approach laid out in a 10-year
development plan. The program included the following packages: beautification for ecological security and tourism; nature
appreciation tours; agri-reforestation; local integrated ventures for effective acceleration of fishery resources; local integrated
ventures for upland agriculture. Bais City was identified as one of the economic corridors of Negros Oriental, a site for ecozone
development, agri-based processing and eco-tourism. As a result of the program, a strong middle class was created.
Unemployment was reduced by 56% and eco-tourism blossomed with increased arrivals of foreign and local visitors, (around
500 monthly) to see the dolphins and whales as the citys unique attraction.
The program also introduced new techniques in cloning mango, new methods of farming, mangroves rehabilitation and
fishing techniques like sea ranching for shells and fish. This intervention increased the income of the marginalized workers by
30 to 50 percent. These livelihood activities eliminated in the process illegal and destructive fishing. The dynamic eco-tourism
industry generated employment opportunities for the city and made it attractive to businessmen and investors interested in
setting up environment-friendly enterprises.
.......................................................................................................
Local Mandate to Protect the Environment
Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other resources of the
municipality; provided efficient and effective property and supply management in the municipality; and protect the funds,
credits, rights and other properties of the municipality.
Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite
fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources
products and of endangered species of flora and fauna, slash and burn farming, and such other activities which results in
pollution, acceleration of eutrophication of rivers and lakes, or of ecological imbalance.
Sec. 444 (3) (vii) and Sec. 447 (1) (vi)

River Restoration

Banks of the Marikina River
Metro Manila
A few years ago, people were avoiding passing through the Marikina River because of its unpleasant surrounding and
obnoxious smell. The river became a repository of all kinds of wastes thrown wantonly along the riverbanks.
Today, an average of 3,000 to 5,000 people from all walks of life visit the river park everyday to savor the clean environment
and avail of sports and recreational facilities like the five-kilometer marathon jogging/biking lanes, skating rink, and the
fountains fascinate passenger through the Marikina bridge as well as people taking a walk along the riverbanks.
For the residents of Marikina, their river has become a source of pride and conviviality. This is the result of the Save the
Marikina River program launched by the municipal government of Marikina in the 1990s to restore the beauty and usefulness
of the river and transform it into a tourist and biggest recreational park in Metro Manila.
To initiate the rehabilitation, the squatters living along the riverbanks were relocated to a better resettlement site. This was
followed by the removal of waste and silt from the river, construction of access roads and jogging lanes, etc.
As a result of this transformation, new jobs were created and major investments came in. Collective discipline was instilled
among the young and the old who kept their surroundings clean, including the riverbanks.

SEC. 35. LINKAGES WITH PEOPLES AND NON-GOVERNMENTAL ORGANIZATIONS. Local government units may enter into joint
ventures and such other cooperative arrangements with peoples and non-governmental organizations to engage in the
delivery of certain basic services, capability-building and livelihood projects, and to develop local enterprises designed to
improve productivity and income, diversity agriculture, spur rural industrialization, promote ecological balance, and
enhance the economic and social well-being of the people.
SEC. 36. ASSISTANCE TO PEOPLES AND NON-GOVERNMENTAL ORGANIZATIONS. A local government unit may, through its local
chief executive and with the concurrence of the sanggunian concerned, provide assistance, financial or otherwise, to such
peoples and non-governmental organizations for economic, socially-oriented, environmental, or cultural projects to be
implemented within its territorial jurisdiction.

Coastal Zone Protection
Save the Mangroves
Kalibo, Aklan
The erosion of the shoreline of the four coastal barangays, due to waves and tidal currents in Kalibo, Aklan had contributed
to the depletion of the fish catch of fisherfolk and the scarcity of shells, crabs, and mollusks. This was the result of mangroves
in these barangays having been cut down and used as firewood. The Kalibo Save the Mangrove program was launched to
reforest a 50-hectare swampland located at the mouth of Aklan River to protect the shoreline. The reforestation was
undertaken by families of fisherfolk who were organized by a local NGO into an association called the Kalibo Save the
Mangrove or KASAMA. They protected the area from destruction by tree cutters and foraging animals. The survi val rate of the
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mangrove trees rose dramatically to 97%.
As a result, the shoreline is now protected from waves and tidal currents; tidal flats which were too soft and muddy have
now hardened; and marine life has returned. In turn, this increased the income of the fisherfolk because of the abundance of
fish, shells, and crabs.
The KASAMA was awarded in April 1994 by President Fidel V. Ramos a Forest Land Management Agreement (FLMA) in a
recognition of the organizations commitment to protecting the mangroves.

Basic Services for a Province

For a Province:
Agricultural extension and on-site research services and facilities which include the prevention and control of plant and
animal pests and diseases; dairy farms, livestock markets, animal breeding stations, and artificial insemination centers;
and assistance in the organization of farmers and fishermens cooperatives, and other collective organizations, as well as
the transfer of appropriate technology.
Section 17, (3)(i)

Indigenous Peoples
The Mangyan of Mindoro
Of the 11 municipalities in the province, nine are populated by the Mangyan, an indigenous cultural community. They
represent the impoverished, underprivileged and unschooled group of people in the country.
Through this program, at least 90% of the Mangyan have gone through literacy training classes handled by para-teachers
and have become functionally literate. Health consciousness among the Mangyans was heightened as a result of training
conducted by Mangyan para-teachers and medical missions. The primitive farming techniques and the slash and burn
system were replaced by sloping agricultural land techniques. Some of the Mangyan were able to acquire carabao, farm
implements and shared tractors for farming. A cooperative store, small community chapel, community training center with
demonstration facilities, a water tank with distribution pipes and a school building were also set-up. Three Mangyan
cooperatives tapped the P15 million revolving fund of the Provincial Livelihood Support Program to finance their livelihood
projects.

Opportunities
and Options

The above case studies clearly illustrate the old saying that where there is a will, there is a way. Leaders who had the
vision and the courage to pursue that vision were able to use the available power legal, financial and social to try to
effect a change for the common environmental good.
The following discussion will serve to invite the reader to look at the opportunities present in their local community. The
advancement of any movement can happen only when there being a convergence of need and opportunity, one can see and
seize the opportunity and fling it to the winds of high achievement. More important, is that perhaps the following discourse will
challenge you, the reader, to begin to make a slight shift in the way of looking at the law, and how it can be made to work.
There are a great number of opportunities available to a local leader possessed with the necessary political will to try
something for the ecological welfare of his local community. Not only does he now have the funds to undertake these projects,
especially with his 20% development fund derived from the internal revenue allotment (IRA), the local government units also
have a wide range of powers to raise revenues. Of course, the great advantage that a local official has is the intimate
familiarity with his local constituency, the local leaders who are often tapped only during elections. After mobilizing them in the
game of trying to arrive at a position of power during the election season, these leaders could also be mobilized to use their
powers to bring about change for the common good.
The following are some of the opportunities open to a mayor and other local officials.

Trees and Taxation
As we saw earlier, the forest cover of the Philippines has been reduced to such critical levels it has resulted in many an
ecological disaster. For which reason, Government has been espousing reforestation as a strategy to restore the vegetative
cover.
6
Although reforestation is actually a misnomer, the next best thing is to encourage the planting of trees and other
vegetative cover not only on public lands but also on private lands.
However, the law on the planting of trees on private lands contains an anomaly. The real property tax law imposes a tax on
each and every tree that is planted and standing on private land. This is because these trees are supposedly improvements
on the land, in much the same way as a building is considered an improvement of a real property. It is submitted, here, that
this law is now out of place and contrary to the avowed policy of encouraging the participation of citizens in the task of
reforestation.
7

A city or municipality has the power to reverse this. Under the Local Government Code, (R. A. 7160) Sec. 192 states:

Authority to Grant Tax Exemption Privileges - Local government units may, through ordinances duly
approved, grant tax exemptions, incentives or reliefs under such terms and conditions as they deem
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necessary.

Thus, the local city or municipality can grant incentives by waiving the tax on the trees. In fact, the tax levy can even be
replaced with a tax rebate or tax credit given as a form of incentive.
8
The tax rebate or credit may be applied to the real
property tax due on the agricultural land.
The local government need not covet the foregone revenue. In the first place, the revenues realized from the realty taxes
imposed on standing trees would not only be minimal, but, in fact, infinitesimal. (An interested local official may simply request
a clerk of the city or municipal tax assessors office to verify this). The bulk of real estate taxes are collected on industrial,
commercial and residential lands and buildings.
The fruits of the trees will always be the subject of taxation. As a matter of fact, they never escape taxation of some sort
inasmuch as when these reach the market, the owner will always have to pay market fees (also called alcabala). The local
government can exercise its powers to closely monitor the harvest of the coconuts, mangoes, and other fruit trees and levy
upon them a reasonable tax, but to tax a standing tree is, to repeat, anachronistic and contrary to public policy.
We should remember that all good politics is local. The initiative can be undertaken simply by a local ordinance.
A note must be added here on tree planting activities at the local level. Tree-planting activities are often on the roadside.
This is politically visible, wholesome for shade and urban beautification.
However, utmost care must be taken to ensure that the trees are planted in areas where they are not vulnerable to being
run over by future road-widening. There have been countless trees planted, and cared for by well-meaning officials and
citizens, that have grown to full height providing shade and beauty to the roadway. Because of bad planning, they are later
cut down because a road had to be widened to accommodate vehicular traffic.

Soil Conservation
Another major concern of the country is soil erosion. The loss of soil may be unseen but it is very real and poses a grave
danger to food security. Local initiatives may be undertaken to prevent this.
We have earlier seen that the sloping agricultural land technology (SALT) or contour farming is an effective way of
conserving soil and water.
7
But implementing the SALT technology is labor intensive and unless a farmer is truly enlightened,
he is not likely to undertake this on his own.
This is where the local government unit can play a significant role and where one of the most valuable cultural traditions of
the Filipinos can be encouraged, namely the bayanihan.
9
A local leader can utilize part of the sizeable development funds in
his hands to initiate a city-or town-wide SALTing project in the uplands. Both public and private lands can be the
beneficiaries. In the case of private lands, for example, the landowner can very well share in the cost of the rice, fish, and
vegetables traditionally given to the helping hands.
Politically, this initiative will mobilize the ward leaders to really begin to lead their constituencies. For the local mayor or
councilor, this project will:
1. Give him political visibility and a high profile,
2. Impress upon the constituents that he is a man of vision and political leadership,
3. Serve as an activity where he or she can identify additional leaders and supporters,
Moreover, it would create a long-lasting monument to the political leaders efforts in the game of trying to leverage power to
effect a change for the common good.
In a word, everybody wins.

Anti-Illegal Fishing
This was discussed at some length in the chapter on marine resources. However it bears repeating if only for emphasis that
the control or elimination of illegal fishing is essentially a local endeavor. Try as the national government may, without the
cooperation of the local government officials, illegal fishing practices will continue in the Philippine seas.
On the other hand, even without the support of the national government, local officials can totally eradicate illegal fishing
practices in their own locality.
The techniques of legal marketing are available:
1) Identify and meet with the suspected illegal fishermen, invite them to a meal and a drink. A man who has been fed will be
highly receptive to rational suggestions and requests. In legal marketing, this utilizes the Filipinos personalistic preference
to win acceptance of a policy initiative, and applies the much-preferred person-to-person and face-to-face approach to
governance.
2) Explain to them patiently the long-lasting evils of illegal fishing and thereafter request them for help in identifying the
illegal fishermen and to help helping to persuade the latter to change their ways. In order to fill the void, an effort to
establish a network of marine sanctuaries must be launched. The establishment of marine sanctuaries is a legitimate,
developmental initiative that costs very little yet brings forth countless benefits. This will be discussed at greater length
below.
3) In the meantime, mobilize the police to closely monitor the future activities of the persons talked to, and others who are
suspected to be engaged in illegal fishing activities. After a grace period and the necessary information insemination
campaign has been waged, a swift, painful and public surgical enforcement operation can be launched to remove the
gangrenous tissues of human society.

This would apply to commercial fishing boats that illegally intrude into and fish in protected municipal waters. Aside from
talking to members of the crew, an effort should be made to meet with the owners of the commercial fishing boats. They are
the persons who have the largest stake in their boats and stand to lose the most in the event the boat is apprehended and
impounded even for a few days. They are also the persons who call the shots as far as their fishing operations are concerned.
The effort to seek out and talk to the owners will not only impress upon them the strong political will of the Mayor or other
local official, it will also subtly serve due notice that in the event the commercial fishing boat is apprehended once again, there
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is no room for an amicable settlement.

Marine Sanctuaries
To repeat something we learnt in the section of marine resources. Sixty per cent of the towns and cities of the Philippines
are located along a coastline of 18,000 kilometers;-- and a great number of our people depend on sea for their livelihood and
on fish for their protein needs. The municipal waters, as defined by the Local Government Code, extends up to 15 kilometers
outward, regardless of depth.
All the above facts provide reason and justification enough to protect our sea and the marine resources it contains. One of
the ways by which the sea can be protected and enriched is to declare and protect marine sanctuaries. These are areas
totally closed to any form of marine resource extraction. This provides the marine life a place for spawning, breeding and
nursing as well as a sanctuary where they can take shelter during typhoons and storms. Recent studies reveal that for
maximum benefit, a network of marine parks and sanctuaries is necessary to provide the marine life a choice of environment
where they can breed and seek refuge.
The Fisheries Code specifically provides for the establishment of marine sanctuaries

and has mandated local government
with this function.
10
The Bureau of Fisheries and Aquatic Resources (BFAR) can very well provide the technical assistance to
identify the appropriate location of proposed marine sanctuaries. It can also lend its expertise in conducting a reef check and
in identifying the fish and other marine species in the area.
11
These are scientific matters that can be attended to in order to
provide the baseline data needed for a wise selection of the area and to be able to draw a before-and-after picture of the
marine resources found in the area.
As shown by the numerous examples of protected areas in the illustrative case studies in this chapter, establishing a
marine protected area is not difficult and leads to great benefits, both ecologically and economically.

Waste Management
It is known by different names garbage management, solid waste disposal and resource recovery. Whatever it is called,
a rose is a rose by any other name and garbage is garbage. Whatever it is called, when not handled properly, garbage
stinks.
All the laws point to the fact that garbage management is a local problem and that it is the principal responsibility of local
government units because it cannot be addressed by a national body. All the latter can do is to provide guidelines and
standards. Attitudinal problems cannot be addressed by creating institutions and government organizations.
Having said that, however, the problem of garbage is essentially a problem of attitude. The present mindset adopts the
NIMBY syndrome (Not in My Backyard). Everyone wants to throw away garbage but no one wants to accept garbage in his
own backyard, nor in his village, nor in his town.
It is said that any progress in human civilization can only be achieved by a change in paradigm, in the way we think of
things. What if, for example, the NIMBY paradigm is reversed and everyone were to be required to eat his own garbage? Of
course, all of a sudden the volume of garbage would be reduced to nil.
Since it is not possible to legislate the eat-your-own-garbage paradigm, the next best thing is to mandate that all garbage
will be disposed of only within the territory of the village where it was discharged. This would force upon the minds of everyone
the need to be responsible for ones own wastes, and the fact that no one is willing to accept anybody elses garbage.
All it takes is one simple local ordinance and the mobilization of all the barangay heads and councilmen to impress upon all
the residents of the village that their garbage will end up only in their own backyard. Of course, nothing would prevent
barangay leaders from entering into cooperative agreements among themselves to dispose of some of their residual wastes in
anothers territory. Biodegradable waste can be turned into compost within the very community that disposes of it. In the case
of recyclable waste, barangays can specialize in the handling of a specific recyclable item, e.g., one for bottles, for paper, for
cans, etc. This way, the barangay would not only render a service to the others, its residents would also earn from the sale of
these materials.
Aside from the NIMBY syndrome, the problem of garbage faces other political and financial obstacles that are almost
insurmountable. Let us illustrate:
A proper sanitary landfill or a state-of-the-art thermal destruction facility are capital-intensive investments running in to
billions of pesos.
12
Since government would, likely, not have the funds to finance such a facility, a private investor could be
required under a build-own-and-operate arrangement. Of course, the private investor would have to recover his investment
and make a profit from the collection of tipping fees.
At this point, two aspects of the problem emerge:
(i) the need to guarantee a reasonable return on
investment to enable the private investor
to secure private financing; and
(ii) the need to collect tipping fees from the local
government units.
Let us discuss both in conjunction with one another.
The private investor will need to borrow money to finance the larger part of the required investment, and a financial
institution will only extend financing if it is properly collateralized. No one will have enough real estate to mortgage to the
financial institution as collateral for the loan. The next best thing is to secure it with the future earnings of the landfi ll.
How does one do this? By getting a commitment from the local government units that (a) they will use the landfill; (b) they
will pay for its use by way of the tipping fees in an amount corresponding to the volume of the waste they dispose, and (c) they
are willing to mortgage part of their annual internal revenue allotment (IRA) to pay for this commitment.
This gives rise to another question. Is any LGU willing to do this? Hardly.
Then there is the behavioral aspect of politics and the abuse of political power. It is a fact that every three years the face of
Philippine local politics changes as elections take place. If the private sanitary landfill operator is perceived as being too close
to the former administration, he is bound to lose his contract when the new mayor takes his seat. At best, his payments will be
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so delayed he will simply give up at some point in time.
Another aspect is the issue of economic fraternization. Many a government official uses his political power to extract a
financial concession, a political rent as it were, from the landfill operator. Failure to pay the political rent would sometimes
result in the delay of the payments for tipping fees from the local governments concerned. Multiply the problem with the
number of Mayors that one has to deal with in order to have a viable volume of waste to make the enterprise profitable, and
one has a genuine heart attack or full-blown nervous breakdown.
If the paradigm of waste management via centralized waste disposal facilities must be followed, it may take more creative
financial thinking than is now being practiced.
For example, concerned local government units (e.g., cities and municipalities forming a metropolis or an agglomeration of
LGUs) can form a private corporation with capital infusion from each. This private corporation can then enter into a joint
venture with a private enterprise to manage the solid wastes of the member towns and cities. The advantage of this approach
is that the garbage management system is (a) insulated from the changing winds of politics; and (b) the participating LGUs in
the joint venture company are encouraged to pay the corresponding tipping fees to the company to ensure its viability and
profitability because of their own financial (but official) interests.

Easement Zones of Recreation
Those who have traveled to countries having only a short stretch of coastline have seen how well they protect their beaches
from illegal encroachment. Their coastlines are only a fraction of that possessed by the Philippines, especially in terms of
length and beauty. We have it all white sand beaches, limestone cliffs, pebble beaches, tiny coves and what have we
done? We have allowed private individuals to appropriate the beaches for themselves to the exclusion of the public, for which
reason, only the rich are able to afford access to the beach and to the sea. What a pity indeed for a country with a coastline of
18,000 kilometers.

One could ask: Who is responsible for this state of affairs? The answer would have to be: the Local Government Unit. In
the first place, it is the local government unit that has the power to issue building permits. Allowing structures to be built right
on the shoreline and often, right on the water itself, violates the law which provides for the 3-20-40 meter easement zones.
Of course, no one cares, or nearer the truth, no one dares to care. After all, more often than not, Mr. Mayor, Mr.
Congressman and their rich political supporters own the choicest piece of beach property and foreshore areas in the locality.
With the officials violating the law, who would dare uphold it?
One has yet to see a leader in the Philippines bold enough to open up the beaches that have been illegally occupied by
private citizens and reclaim them for public access. All it takes is the enforcement of the zoning ordinance already in the books
and to deny applications for building permits for structures that encroach into the zones of recreation.

Sewage Treatment
One of the greatest sources of water pollution is the absence of sewage treatment facilities of practically all of the towns and
cities of the Philippines. This is a primary responsibility of the local government unit acting in cooperation with the local water
utilities district. Yet raw sewage is allowed to drain into canals, the rivers, and ultimately into the sea without even the most
basic form of primary treatment.
As discussed in the chapter on Human Habitat, the treatment need not be expensive. Sewage can always be mixed with
storm waters in small settling ponds located in strategic sites all around the city or municipali ty. These ponds become the
essential wetlands that will not only serve as a form of natural sewage treatment, they also become habitats of wildlife and
aquifer recharge zones. Some of the secondary or tertiary treatment ponds may even become recreation areas because they
will be clean enough to allow for fish and other aquatic animals to survive and thrive, thus making it an ideal fishing spot or
picnic area of the community.

The Theory of Legal Marketing

The Three Es of Social Engineering
The game of managing the affairs of man is known as the science of social engineering. To play this game well, we only
need to know three letters: The three Es of vision implementation: Education, Engineering, Enforcement.
Local Government Units are in the best position to use this formula to effect changes in the way their communities treat their
waters and land. City governments, for example, could use the 3 Es in implementing the Clean Air Act while coastal
municipalities could effect changes in the way residents use the shorelines.

A Reorientation of the Law
As a tool for change in the game of social engineering, the law can be quite useful. First of all, it provides substantive
guidelines on what to do - the general policy objective. Secondly, in the event there is a serious deviation from the desired
conduct, the law can be coercive tool as well.
However, in order to make the law work well, it must first be well understood - what it means and how it works.
The conventional understanding of the Law is that it is a system designed to coerce human behavior towards a particular
direction. This is the common point of view.
However, the Law must be viewed as a system to facilitate human behavior. Laws, after all, are simple rules of behavior,
largely based on common sense. It is only when there are incidents of deviation from the desired behavior that the coercive
mechanism comes into play.
When people begin to understand this, they will begin to view the law as a marketing exercise. Law promotes and sells
the social good behind the letter of the law. In legal language, it is called the ratio legis or reason for the law. For example,
in the law against water pollution, clean and healthy water is the social good behind the law. In the law against illegal fishing,
abundant marine life is the social good and so on and so forth. It is also called the spirit of the law.
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Legal Marketing:
Social marketing with a
legal spin.

Legal Marketing is most important in the field of environmental protection. The following are its principles:

1. The best form of law enforcement is when it does
not need to be enforced.
This principle is almost self-explanatory. However, the best way to explain to a child is to state the reverse: if a law
must be enforced, it means that it has been broken. If the law has been broken, it means that it has not worked, or that it has
failed. On the other hand, when there is general compliance, there is no need to enforce the law.
Then there is the aspect of cost. Law enforcement is rather costly in terms of time, effort, money, and human
relations. The legal system as practiced in most countries consists not only of the police (law enforc enforced enforcer) but an
intricate judicial system made up of different levels of courts. Being a human creation and, therefore, inherently fallible, the
legal system does not always work as well as it is supposed to. Many innocent humans have been sent to death row; and
many more who were guilty have gone scot-free.

2. Legal Marketing must consider the socio-cultural
characteristics of the target market.
In the language of marketing, the people whose conduct is the subject of change is called the target market. As
such, their behavior must be carefully observed and studied. What makes them behave the way they do? What can make
them behave in the desired way?
To be sure, law is only one of the engines of social change. There are other, often more powerful, engines of
change. These are the socio-cultural values and characteristics of the target market. Among these valuses are religion, peer
pressure, honor, acceptance, and the need to go along and get along.
In the design of a legal marketing campaign, these engines of social change must be incorporated in the pricing and
promotions strategy.

3. Humans are like dogs.
Their responses can be conditioned. They react, quite predictably, to the offer of candies and to the threat of
needles.
Ivan Petrovich Pavlov, the 1904 Nobel Laureate in Medicine, was Russian psychologist who conducted an
experiment on conditioned behavior. He wanted to know if he could establish a link between the sight of meat, the sound of a
bell and the salivation of a dog. Immediately before feeding the dog, Mr. Pavlov would ring a bell. Repetition of the procedure
conditioned the dog to associate the bell with food. In time, at the mere sound of the bell the dog would salivate even when
there was no food.
This is known as the Pavlovian theory of conditioned reflex. Being animals themselves, human beings are no
different. Only the methods for conditioning are a little more sophisticated. In this book one suggested method for regulating
human behavior, is the candies-and needles approach.

Candies and Needles
In designing a Legal Marketing strategy, the ultimate challenge is to make the candy so attractive and so tasty that its
offer cannot be refused. On the other hand, the needles must appear to be so painful that the would be law breaker would not
even think of committing the violation.
Remember that with humans, everything begins, and ends, with the mind.

4. If law must be enforced at all, it must be done in
a manner that is swift, painful and public.
Swift, for certainty; painful, for memory; and public, for deterrrence.

Illustrative examples of the application of Legal Marketing techniques are discussed more extensively in Chapter 6 -
Sea, particularly in the control of illegal fishing.
In Summary
This brief chapter has presented only a few ways by which the local government units can play a role in the art of good
environmental governance. Here, we selected a few provisions in the Local Government Code of the Philippines and gave
selected examples of how they have been, and can be, made to work. It is not enough that power has been given by the law
and that the resources are now afforded. What is important is that political and financial power thus given are used creatively
and effectively for the common ecological good. The best practices of some local governments cited in this chapter only show
that it can be done. If success can be achieved by some, there is no reason why Mr. Local Government Official cannot do the
same all over the country or all over the world, for that matter.

In the final analysis, one only needs to remember the two things mentioned in the beginning of this chapter:
1) that all politics is local;
2) available power must be use well at the
game of trying ..... to do good.
The greatest changes can be best made at the lowest level of the social or political organization. The reason is simple: at
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that level, things are more manageable.
The second thing to remember is that after playing that game of trying to arrive at a position of power, one needs to ask
oneself: Now what?
This brings us to the most important questions that a local official must ask of himself:
1) What are the environmental resources of my locality?
2) How can we rationalize and enhance their utility, bounty, and beauty?
In other words, when a leader finds himself perched atop -- in a position of power, it would be good for him to sit back and
look more closely at the situation at hand. The leader must realize that the position he holds is a gi ft, a temporary one, that
must be used well and wisely.
When that is properly understood by those in power, everything else becomes quite easy.

CHAPTER 9
THE ECONOMICS OF ECOLOGY

Sub: True value must not be measured in terms of economics, but in terms of whether or not it is good for man, his spirit and
his planet

PART I: Man and Matter

Sub: With consumption at an all-time high, man must examine the real cost of materialism to his environment

RECALL that the root of the words ecology and economics is Eco, which comes from the word oikos, which the Greeks
used to describe their home. The home, of course, is the blue planet made up of land, air, and water. These are the
elements that sustain life on Earth. The subject of ecology relates to the proper functioning of those natural systems that make
up that careful balance of life. On the other hand, the subject of economics is actually only a human invention, relating to the
material provision of humans extracted from the elements of life. While economics depends on ecology, ecology itself is
indifferent to economics.

The so-called law of supply and demand is certainly not a law. Rather, it is a mental attitude, a mindset of economists that
actually reflects an ugly side of the human being. Greed is an emotion and a tendency that need not be allowed to take the
reins of the human character. If greed is intrinsic to human nature, it is equally true that humankind is capable of the greatest
goodness. He strives for things greater than sensory satisfaction, for things much greater simply working for the accumulation
of material things.

To be truly developed as a human being, and as a people, the proper measure of development need not be per capita income,
GNP or GDP. The proper measure of development is one that would take into account the general well being of the people
concerned. For lack of a better term, let us call it genuine human development. At the very basic level, this includes the
ability to meet basic material needs. But man must also be provided with opportunities to educate his brain, emotions, and
human conduct to such a level and degree as to, at least, approximate goodness and God-ness.

Humans have basic necessities: food, shelter and clothing. After filling these basic needs, humans must have chances for the
education of mind and nourishment of spirit.

In recent years, countries have been classified as developed or developing, First World or Third World. The sole
criterion used is the level of economic development. By this standard alone, the United States of America, Japan, Britain, and
Germany are classified as developed. Countries like the Philippines, Indonesia and Bhutan are considered underdeveloped,
or, in more diplomatic language, developing. The gauge of development consists of economic indicators such as per capita
income, gross national product (GNP) and gross domestic product (GDP).

The real costs
The elements of lifeair, water, and soilhave always been treated as givens. In the language of economists, these are the
assumptions. What is even worse is that they have been treated as free.

The natural resources of land, air, and water took billions of years to form. Because these resources were seemingly of such
great abundance, they were thought to be cost-free. In law, these natural things which we consider the elements of life are
also known as public goods and cannot owned by anyone. In legal language, this is called res communis.

As such, they are
presumed to be owned by the entire community, entrusted to the State by society at large, for the latter to wisely manage.

However, the idea of common ownership, as practiced, is quite puzzling. It seems that because the natural elements are
not owned by anyone, they are usedand often abusedby everyone.

Picture a pasture land being used for common grazing by all the shepherds in the area. Because it is open and free, the
shepherds think only of the grass that their sheep can eat from the pasture land, so they let loose as many sheep as they
can and let them graze as much as they can. In time, however, the grassland becomes over-grazed, degraded and
unproductive. In the end, because everyone cared only about his own sheep and how much he could get from the land,
everyone met the same fate and tragedy. This is called the tragedy of the commons.

The present system of measuring economic progress and development, of using only the measures of economic consumption,
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is basically wrong. In the hierarchy of needs, economics takes care only of the body. It is wrong to consider a country
developed because of the rate of its consumption of material goods.

The fact that the elements of air, soil, and water are in seeming abundance and available to everyone gives the impression
that they are for free. Also, because they are apparently without cost, the users of air, land, and water do not incorporate the
cost of their degradation into the production costs and the price of goods that are sold and consumed.

Let us take the price of rice or sugar. The price of this commodity does not incorporate the value of the soil that was eroded
due to the hoeing and harrowing. Nor does it take into account the cost and value of the plant and animal lives that were lost
by the conversion of the once multi-vegetated land into a mono-cultivated farmland. Nor does the price of rice and sugar take
into account the true value of water that was used to nourish the crop by irrigation.

In the same vein, the users of water in towns and cities are charged only for the cost of collecting and distributing water to their
homes or establishments. They are not charged for the irreversible cost of extracting the water from the underground or from
the atmosphere. The laws of nature tell us that there must be a price to this. The cost of depleting resources was not factored
into the economic price of the commodity used. Because these costs are outside the existing economic equation when
computing the cost of the product, they are called cost externalities or hidden costs. In economic terms, when a product
fails to account for major costs, there is a gross price failure.

In order to ensure that a product manufactured with the use of the natural elements reflects the closest approximation to its
true cost and value, the mechanism of price must be used carefully, and well. Proper pricing will also ensure that the
product, especially if it comes from an irreplaceable and non-renewable resource, is not wasted.

By definition, to consume means to use up and to spend. According to the dictionary, the synonyms of the word consume
are: to waste, to squander, and to destroy.

There lies a serious fault-line in our understanding and treatment of the physical and natural world around us. We take the
material things from the Earth, use them up, and then throw them away as waste. All this looks fine and well, at least until we
begin to realize that the store of these material things is, after all, quite limited. Once removed from the Earth, these materials
will never again return to their original state. We must realize that the steel that we use in cars and buildings, and the oil that
we burn in our power plants and vehicles, will never again become the iron ore or the oil deposit of the underground from
whence they were taken.

The very meaning of the word consumption means not just using, but using up and thereby wasting our natural resources. By
its very definition, therefore, consumption cannot be sustainable, and the term sustainable consumption is therefore a
contradiction of terms.

Even in the realm of economics, a society that consumes more of a commodity than it produces is insecure, irresponsible,
immature, and can certainly not be considered developed. A secure, responsible, mature and developed economy is one that
follows the closed system of ecological order. In a closed ecological system, all things used are restored and reused, and
nothing is wasted.

Because it is wrong to call the materially wasteful countries more developed, we will henceforth stop referring to them as
industrialized or developed economies. One is tempted to use the word wastrel, but that would be offensive. To neutralize
its emotional content, we will simply call them highly-consuming economies. Indeed, if it takes 36 Filipinos to use up the
same amount of energy consumed by a single North American, Filipinos do not mind being called a low-consuming people.

We look at the US as the model of economic progress and the paradigm of material development. It is a capitalist economy
based on the belief that the market dictates, i.e., whatever the market wants, the market gets. On the surface, it looks like
an ideal society with big, shiny cars purring along wide roads and spacious houses furnished with appliances.

A study done recently revealed that if we, all the six billion people in the world today, were all to live l ike the people in the USA,
we would need about nine Earths. Because this is simply not possible, reality dictates that we cannot, and should not, live l ike
the Americans.

When we walk along a wet path, we leave behind footprints. In the economics of ecology, we also leave ecological footprints.
The size of this footprint is measured by the amount of land needed to provide the resources to satisfy the material needs of a
human population. For example, small as The Netherlands may be in terms of land area and population, its pattern of resource
consumption is such that it would need an area 17 times more than its own just to fill its need for energy, food, and forestry
products. While it is only about 45,000 sq km, it needs something like 800,000 sq kms. To feed its people, for example, The
Netherlands had to import four million tons of cereal, 13,000 tons of oil, 480,000 tons of peas, beans and lentils in a period of
less than five years. The same is true for London, Hong Kong, New York City and other highly consuming cities of the world. If
food security is a basic measure of good governance, a country that cannot grow its own food is not secure.

What we consume
There are three commodities that serve as a barometer of the level of a societys material consumption: oil, paper, and metals.
These are what economists erroneously look at when trying to distinguish between a developed and a developing country.

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1. EnergyThe world is now burning about 67 million barrels of oil and millions of tons of coal per day. Because matter cannot
be destroyed, that volume of solid matter that is burned and broken up results in an equivalent volume of gas and residual ash
that finds its way into the air around us. The light bulbs in our houses, the air-conditioning in our offices, and the gasoline that
fuels our cars are tools of modern living that we cannot seem to do without. As an index of economic development, energy
consumption is used as a measure: the more the energy consumed per person, the more developed a country is erroneously
thought to be.

We complain about the increasing price of gasoline and diesel. There is really nothing that the oil company can do. Difficult as
it may seem to believe, the oil companies are not really in the best financial position themselves. Between the erratic
fluctuations of foreign currency exchange rates and the true cost of extracting, refining, and distributing oil, the global price of
oil is still dirt cheap. If the price failure in the cost of oil must be corrected, government must tax oil at five to 10 times the
present price, at least. While that would certainly raise the price of gasoline, it is, in fact, sound economics. By doing so, the
price would take into account most of the cost externalities and factor them into the market price of the product.

Why should the product be taxed so heavily? Pricing will change consumption patterns. However, conserving the resources is
only one aspect of the policy initiative. Aside from conservation and from raising revenues, the other, and more important
aspect, is what to do with the money earned. What if large amounts of money were devoted to the establishment and
operation of a world-class mass transit system or used to fund research to pioneer advances in renewable energy sources?
What if the money could finance ecological endeavors such as watershed management, reforestation activities and the like, or
be uses to buy more land within the city to devote to open space and pocket gardens?

The true value or realistic price of oil and coal is not simply limited to the costs of exploration, extraction, transportati on,
refinement and marketing. It also includes hidden costs. Among them:

Irreversibility of useBecause oil and coal are non-renewable resources, their price must account for the fact that our children
and succeeding generations will never be able to use the same fossil fuels that we use up today.

Air pollution and the natural environmentThe sulfur and nitrogen oxides emitted into the atmosphere also have a cost. The
sulfuric precipitation (acid rain) that falls to earth resulting in damage to crops and to the soil must also be factored into the
cost of the product.

Climate changeWhat about the cost of carbon dioxide emissions and its impact on the climate? We now know that we are
discharging CO
2
into the atmosphere at more than double the volume of what can be absorbed by the Earths processing
capacity. We now know that CO
2,
a leading greenhouse gas, has accumulated in our atmosphere and is a primary cause of the
heating of the climatic temperature. A hundred years from now, when the impact of climate change finally kicks in, our
grandchildren may well accuse us of recklessness. We would then have to agree that if there is a way for economics to
capture and incorporate the adverse effects into the cost of the product, it must be found. The present practice of not reflecting
their true cost is resulting in too much waste.

2. PaperThe consumption of paper is another indicator of the supposed level of civilization. When paper was invented some
2,000 years ago, it was a highly valued material, hand-made from sensitive fibers and processed with delicate care. Paper-
making fibers came from many different plant sources, including bamboo, cotton, hemp, jute, sugar cane, wheat and rice
straws, and various woods. For centuries, the principal raw materials used in papermaking were cotton and linen fibers
obtained from rags. Today, these fibers have been largely replaced by pulp from wood. In the olden days, paper was very
scarce. It was generally used only for important documents, official letters, and to provide a written copy of the laws of the
land.

Over the last one hundred years, however, with the invention and wide use of the engines of mass production, we have been
able to produce as much as 300 million tons of paper every year. We have reached such a level of sophistication in the
technology and art of papermaking that we now have about 450 different grades of paper being used around the world for our
needs. These needs range from packaging and writing to wiping the openings of our bodies.

Let us imagine that the whole world consumed 10 pieces of paper. Of the 10, five are used for packaging, three are used for
writing, one is used for newspapers, and the remaining piece of paper is used for household sanitary purposes. The
industrial/highly-consuming economies, which make up 25% of the worlds population, use up 75% of the worlds paper; while
75% of the population use only 25% of the paper. Each American consumes an average of 335 kilos of paper per year.

One ream of five hundred sheets of writing paper weighs a kilo. One thousand kilos is equal to one metric ton. To make one
ton of virgin paper, between two and 3.5 tons of wood are required. This is equivalent to 15 trees. To produce all the virgin
paper now used in the world, we would need four billion trees. Translated into land area, this means that about 14 million
hectares of forests need to be cut down just to produce paper, an area equivalent to half of the entire land area of the
Philippines.

To make one ton of paper requires up to 83,000 liters of water.

The writing paper we commonly throw into the wastebasket
after use is of the highest grade of paper and needs about 80,000 liters of water to produce, enough water for 40,000 people
to drink in a single day.

The use of chemicals to produce paper is mind-boggling. As we know, chlorine is used to bleach paper to make white writing
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paper. We also know that these organochlorine compounds are toxic or carcinogenic. Yet, to produce all the paper that we
use today, we have to throw away about one million tons of these toxic chemicals into our rivers and oceans every year.

The smokestacks of the power plants that run the paper mills spew out 100,000 tons of sulfur oxide into the air per year. When
this gas reaches the clouds it becomes sulfuric acid and then comes back to the land in the form of acid rain. These factories
also emit another 20,000 tons of chloroform, which causes liver diseases and is a suspected cause of cancer.

After being used, paper is generally thrown away. Almost one-half of the waste found in the landfills of the USA is made up of
paper.

In the Philippines, up to 90% of the wastes generated by the financial district of Makati is made up of paper.

3. MetalsThe third commodity considered an index of economic development is metals. Once the mineral ore has been
removed from the crust of the Earth it is gone, and gone forever. The ratio of ore to metal produced is unacceptably high. For
instance, six tons of ore produces only 50 grams of gold. Since all the mine wastes and tailings have to go somewhere, these
usually end up in rivers and on the seabed, suffocating all the aquatic life along the way. The volume of water, chemicals, and
energy used to separate the metallic minerals from the ore is also unacceptably high and has resulted in the toxic
contamination of the freshwaters. After the metallic objects are used, they are often discarded in junkyards.

Money and happiness
The marginal utility of money is a phrase taken to mean that the joy derived from the use of money grows less important as
more money is accumulated. One million dollars means a lot more to a man who has nothing. However, an additional one
million dollars for a man who already has a hundred million does not bring as much satisfaction.

It is said that money should be treated like horse manure. If left in ones pocket and kept for a long time, it stinks up, rots, and
becomes a source of sickness. However, if the manure is spread around generously, if not extravagantly, it enriches the soil,
enlivens the earth, and embellishes human life. While money is considered by many as the measure of progress and standard
of happiness, the evidence is that money and happiness are, more often than not, inversely proportional.

We look at Japan as another model and miracle of economic progress and development. Yet in 1998 alone, 32,863 suicides
were recorded, among them 720 children.

Norway, another materially rich country, also has a high suicide rate, next only to
Japan. The date September 11, 2001 will live on in the short memories of humanity for a few decades or so. But if anything at
all, it will mark, in a brief spectacle of shining symbolism, a turning point of sorts for the economic and military might of the US.

In a worldwide survey by an experimental psychologist from Oxford University, people from different countries and walks of life
were asked on the meaning and sources of happiness. The results were quite revealing. The conclusion reached was that
there are three sources of true human happiness: relationships, work and leisure

Relationships refers to the connections we have with other humans, the most immediate of which are members of our own
family. When we have good relations with our family members, we are emotionally secure, and therefore happy. Because we
relate well to them, we can also generally relate well to the larger community of people in our circle of co-workers, colleagues,
friends and others in human society.

Studies show, for example, that married people live longer than single people. This is because married people are constantly
reinforced by the strength gained from emotional interaction with the spouse. On the other hand, being alienated from the
affection of ones own family is the highest form of emotional pain.

We spend at least eight hours of our day at work. And that does not include the travel time to and from our places of work.
The time we devote for work is the most intense and focused period to which we give our bodies, minds, and hearts. Every
single day of our lives is spent at work, except the day or two in a week that we reserve for rest and leisure. If the kind of
work we do is something we enjoy, the eight hours fly by almost unnoticed.
If a person enjoys his work, he goes the extra mile trying to do well.

Success comes naturally to those who love their work. With ones body, mind, and heart in synchronized harmony, the mind is
allowed to roam in curious exploration of the thinking world. It is said that there are four levels of technical skill: competent,
good, brilliant, and natural. At the lowest level, a man who is forced to do something and decides to do it well can be
competent. At the second level, a man who does his best at something can be good. At the third level, when a man brings the
power of focus into this work, he can be brilliant. At the very top, however, is the man who actually loves and thoroughly enjoys
what he is doing. To him it is not work, it is natural. It is at this stage where man finds his utmost fulfillment as a human being.

Leisure is defined as the time that we are freed from the burdens of work. This is time that we set aside so that we may rest,
amuse ourselves, and do the things that we like to do. Enjoying leisure is said to be the mark of a truly civilized human being.

In this day and age, however, in the mad scramble to earn a living, we seem to have totally forgotten what living is all about.
We spend all our time working every single day, rushing to and from our places of work, spending countless hours on the road,
to money. Shortly after we receive our pay, and after the bills are paid, hardly anything is left to spend on leisure. So we go
on working, working, working and working.

What is even worse is that, in the process of earning for a day-to-day existence, we lose the most important thing of alltime.
After retirement, we realize that two of the most important things in life have passed us bytime and energy.
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To these three sources of happiness one might add a fourth: Nurture of the spirit. Indeed, the truly wise man is the sage who
has become an ordinary man. It seems that the humans who have reached a certain level of wisdom are those who did not
care for the material things in life. Look at the lives of Gautama Buddha, Jesus Christ, Mohandas Gandhi, and Mother Teresa.

Deep in our hearts, do we not yearn to achieve a level of humanity and spirituality that these people have tried to reach? Deep
inside us we firmly believe that there is a greater purpose for all life. Deep in our hearts, we believe in the innate goodness of
the human being.

All this can only mean that true humanity and the task of realizing the fullest potential of being has almost nothing to do with
economics. Material goods exist to serve the creative, emotional, and spiritual needs of man. They are not the ends, only the
means.

To be sure, this is a truly difficult task. Identifying and finding ones potentials alone is hard enough. Many people go through
life without knowing what they want to do. What is an even more difficult task is to liberate the human spirit in these times of
intense preoccupation with material things. It seems that the more one has, the more one wants. But the more material things
we accumulate, the less time we have to use and enjoy them.

Environmental accounting
We have learned that Natures store of life elements is limited. There is a limited stock of fresh water, fossil fuels, fish, timber,
and minerals. However, when we compute the costs in our national accounting books, we record the revenues of the mining
industry not as a depletion of this natural and national wealth, but erroneously, as income. We refer to it as forming part of the
countrys gross national product (GNP) or gross domestic product (GDP).

Thereafter, our national leaders proudly claim we are earning from the mining industry. In fact, if the national economy were
run like a business and its accountant used such a method of accounting, the economist would be the first to be shown the
door, or better yet, thrown out the window.

How much of the everyday goods we buy and use goes straight to the waste can? Think of all the plastic and foil wrapping,
bags, gift wrappers, boxes, and tin cans that we throw away without a thought. One of the most wasteful activities in the
commerce of man is in the advertising and packaging of material goods. The consumer society of today is bolstered by an
immense budget for advertising, about US$130 billion a year in the United States alone, all geared towards the consumption of
material goods. Advertising is meant to create a desire in the target market of the marketing campaign. After creating an
artificial need, want, or whim, the advertisement urges the consumer to satisfy his need with the product being sold by the
company.

The mass retail establishments that have mushroomed worldwide facilitate access to material things. This is the consumerist
phenomenon of the shopping mall. A symptom of this modern-day malady is that malling has become a family activity.
Instead of the simple pleasures of going with the family to the park, the beaches or the mountains for a picnic, families now
troop to the shopping mall on Sundays for recreation.

People are unwitting suckers in the mass hysteria of consumerism. Certain psychological techniques are actually being
employed to push people into buying more in malls. Notice, for example, the level of artificial noise in the shopping mall.
Studies have shown that at a certain level of ambient noise, people become slightly agitated and confused, and this leads
them to make hasty decisions, and often buy things they did not need in the first place.

A shopping mall is far removed from the slightest resemblance to a natural environment. It is enclosed in a gargantuan
concrete structure. Even its temperature is artificially controlled. A society that does not provide for wholesome alternatives to
material consumerism needs to rethink its priorities. A government that does not provide for wide open spaces for exercise,
physical activity, wholesome recreation and reconnection to nature is not practicing good governance.

In law, there are two principal approaches by which human behavior can be controlled and modified: by regulation or by
facilitation. In conventional legal thinking, law is the direct regulation of human conduct. It commands or prohibits certain acts
under pain of penalty. For example, the prohibition against the indiscriminate dumping of wastes into waterways or the
enforcement of air and water quality standards are some of these thou-shall-not laws. This is also known as the command-
and-control model of law enforcement.

On the other hand is the facilitative approach to compliance, founded on the belief that man is, by nature, a thinking being. It is
also based on the premise that when man is faced with a choice between good and bad, pleasure and pain, profit and loss,
man will make the obvious choice.

On the part of business, the tools of profit and loss may modify the behavior of commercial enterprises. Tax incentives,
subsidies, heavy taxation and other economic instruments may be used to promote alternative energy systems, recycling,
waste water treatment, and the like. These are referred to as the semi-voluntary or facilitative tools of compliance.

These two approaches must not only be well thought through, they must also be properly blended into a mix of incentives
(facilitative) and disincentives (regulatory). To do this, one must step into the realm of legal marketing, social marketing with a
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legal spin.

Taxation has two purposes: It is a tool both for raising revenues for government and for the modification of human behavior.
As a tool for behavioral change, it can serve to internalize the costs of using (and consuming) the public goods (land, air and
water). If the tax on the use of gasoline, for example, is 20 times its present rate, it will drive up the price of gasoline to a more
realistic level, and thereby reduce the consumption of oil significantly.

If the price of gasoline today is $5 per liter (about P250), people living near one another who own cars will seriously think of
car pooling. Instead of five cars on the road transporting five different people, all five people will begin to ride only in one car.

The environmental and economic benefits are quite obvious. Instead of five cars occupying about 80 sq m of road space, there
will only be one car occupying 15 sq m of space. Of course, there will also be a corresponding reduction in traffic congestion.
As a result, the consumption of gasoline will reduce by at least 80%, and so will the air pollution. Economically, instead of
having to import and pay for 10 barrels of oil, the country will need to pay for only two.

Why, then, is this not done? The issue is simply that government leaders either fail, or refuse, to see the promise of good
policy and are not able to communicate the issue and the solutions properly. Without the ability to communicate, there is
political resistance to taking painful, but necessary, political decisions.

What if, for example, government explained to the people that the added revenues earned from the increased gasoline tax
would be set aside to establish a world-class, safe, comfortable, and convenient mass transit system? It can further be
explained that this new transit system will reduce the transportation and maintenance costs of car owners, as there would be
hardly any need for cars to get from one place to another.

Without security of tenure, a property owner would not make long-term investments in soil and water conservation. This is a
psychological reality. It must be carefully understood, and its motivating power transformed into a moving force for ecological
advantage. The policy on land tenure and property rights must be founded on the simple concept that ownership (or privilege
of use) carries with it a corresponding responsibility.

Property rights must also take into account the carrying capacity of the resource. If the body of water can supply only a
hundred people, then only a hundred people should be given the privilege to use that water. Otherwise, there will result an
imbalance between the supply and the demand for water, resulting in shortage.

The carrying capacity of a resource, be it land, air and water, can now be determined with greater accuracy through the use
of modern-day scientific tools. The task then is to simply use these tools to apportion the user privileges in such number as
not to affect the supply and quality of the resource being shared. Otherwise, there will result a situation we earlier learned as
the tragedy of the commons. Combining this with the polluter/user-pays-principle, many combinations and regulatory
mechanisms can be devised.

Environmental management systems
Pollution is said to be about resources in the wrong place. When someone is polluting, it is because he is wasting resources
that should have been more efficiently used in the manufacturing process.

It took industry a long time since the industrial revolution to realize this simple economic truth. If a motor vehicle belches black
smoke from its tailpipe it is because of the incomplete (and therefore inefficient) combustion process. The solution is not to
put a cleansing mechanism at the end of the exhaust pipe, but to make more efficient the fuel-burning process, and, if
possible, to use better and cleaner fuels.

This is the basic idea behind the Environmental Management System (EMS). It seeks to veer away from the conventional
approach to pollution control, which is traditionally an end-of-the-pipe affair. Instead, an EMS looks at how to minimize waste
and prevent pollution in the first place. This includes examining the entire manufacturing or commercial process and
determining how to improve it. This is meant to improve the environmental performance of the company. Most importantly,
however, it will also improve the bottom linethe profit picture.

An EMS system is not simply the responsibility of the pollution control officer (PCO) of the company. It must be internalized by
the entire rank-and-file. More than that, however, it requires the commitment of top-level management, all the way to the
Board of Directors. After all, the Board of Directors is the body that sets the policy and allocates the budget needed for a
successful EMS.

The welding that joins the metallic parts of cars or airplanes, the size and thickness of the credit card, and the size of nuts and
bolts of certain equipmentwhat do all of these have in common? If they have to be traded internationally, it must be done in
accordance with certain standards of quality. This assures the buyer-user of the quality of the product, and also ensures the
usability of the product in different parts of the world.

The international organization that sets these standards is known as the International Standards Organization (or ISO). For
example, in terms of quality, the internationally accepted standard is called the ISO 9000. This means that a company certified
as an ISO 9000 company is one that maintains high, internationally accepted standards. By natural implication, it also means
that this company is a reliable firm.
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The ISO 14001 sets the specific standards to measure the environmental performance of a company. Thus, a company
certified as an ISO 14001 is one that practices environmental management systems and is, by natural implication, a socially
responsible and environment-friendly company. In an international market where consumers are becoming more and more
environmentally aware, especially in the international market, an ISO 14001 certification has become more and more
important. As the ISO 9000 is now understood in the international market as a badge of excellence, the ISO 14001 is slowly
being seen as a medal for having complied with the international standards for environmental responsibility.

The ultimate tool in the arsenal of an effective compliance program is the legal mechanism to enforce environmental liability.
This takes many forms, among them the physical restoration of a damaged resource, monetary liability (e.g., damages, fines,
tax audits) and the deprivation of personal liberty (e.g., imprisonment).

It must be emphasized that the enforcement of environmental liability must always be the last resort. At the first instance, the
techniques of facilitative, voluntary, or semi-voluntary compliance must be explored and used extensively for two reasons.
First, prevention is always better than cure, especially in the case of natural resources damage. Second, the process of
detection, apprehension, arrest, investigation, indictment, arraignment, prosecution, trial and imprisonment is a tedious,
expensive, adversarial and often faulty legal system. Especially in countries with poorly paid environmental enforcers,
prosecutors, and judges, the process is highly vulnerable to undue financial and political influences, so more often than not the
justice system fails.

Insurance companies in Asia could well take note of the growing reality of environmental insurance. For example, the
Philippines Clean Air Act of 1999 requires the establishment of guarantee mechanisms to finance the rehabilitation of
damaged ecosystems.

The law also includes a provision on long-term liability for damages.

Industrial establishments may
wish to note that when the source of land and water contamination can be traced to their land, the principle of last touch in
the rules on nuisance applies. All it takes is a persistent person to identify the casualties and trace the causalities of
environmental hazards.

Two films of the late 1990s depicted the realities of industrial hazards and the resulting liability of the concerned
establishments. In the first case, the one handled by a lawyer, all the victims ended up losing the money they could have
collected from the industrial company. In the second movie, in a case handled by a non-lawyer and who was only a simple
housewife, all the victims were compensated to the tune of US$333 million. In effect, everybody won.

So much for lawyers.

PART II: Going Global

Sub: Globalization and its accompanying financial demands are doing more harm than good. Its about time man went back to
the basics and learned to make the best use of what is truly his

ONCE we fully understand the meaning of material goods and the role they play in the higher purposes of life, our attitude
begins to change. Goods and commodities, especially those that are by their very nature non-renewable, must be used wisely
and well.

We can look at the processes of nature and attempt to mimic them. We will notice that like man, the animals are also users of
the forests: They eat the fruits of the land and drink the waters of the streams. However, in the natural setting of a forest, all
waste is ultimately returned to the ground and, in time, enriches the soil.

This is not, however, the case with man. He is the only animal that uses matter and then thoughtlessly discards it into the
waters he drinks and the air that he breathes. If we must use non-renewable resources, we should do so in a manner that is
highly efficient. We should not mine tin, for example, a mineral deposit created over hundreds of millions of years, only to
make packaging material for soda cans, to be thrown away. Only when we begin this mind shift in the way we look at things
will there ever be a change in the way we use things.

The year 1800 marked the rise in the use of coal. And what a mess it made in the air over the city of London, the birthplace of
the Industrial Revolution. The year 1900 saw the emergence of oil as the energy source of preference, and the widespread
use of the internal combustion engine. And what a mess it has made of our global air!

The year 2000 marked a new period of energy fuel, the turning point in the search for sustainable energy. Henceforth the
world will be looking at hydrogen, sunlight, wind power, tidal power, micro power, and even human power as the preferred
energy choices of the future.

The mass production and abundance of paper has bred unconscionable waste. We all know that reusing and recycling paper
is the wiser option. There are ample options available in the use of indigenous fibers to make paper. The use of abaca and
banana to make an environment-friendly and high-quality specialty paper is one avenue an enterprising spirit can explore.

There are many exciting opportunities to re-engineer the flow of paper in modern-day society. For example, we could pass a
simple rule that henceforth, paper will no longer be allowed to be brought to the landfill. Some countries in the world are
already doing that. The regulatory instruments available for the implementation of this policy can be as simple as a mere
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resolution of the barangay (village) council where the landfill is located.

Motor vehicles seem to have become an indispensable part of daily life. The goal of a sound transport system, however, is to
reduce the horsepower to passenger ratio. Roads and highways need to be broken up and re-claimed as open space for tree
or vegetation corridors. They will provide the much-needed greenbelts and replenish the depleted oxygen supply in the
concrete jungles and heat islands we call our cities. Roads, lanes, footpaths, and pathways, must be provided for non-
motorized transportation.

The price of globalization
While lounging on the beach on some South Pacific island, you punch a few buttons in your cellular phone. Instantly, you are
connected to the person you are calling halfway around the world. Punch a button on your TV set and tune in to CNN.
Instantly, you see what is going on in another part of the globe. You go to the nearest airport, buy a ticket, and hop onto an
airplane. In less than 24 hours, you are transported to any continent in the world, one of the two million people that cross
international boundaries every day.

The dictionary tells us that the word globalization is the act of making something of worldwide application and scope. One
meaning in common usage refers to the shrinking of the world as a result of more efficient communications and travel. Thus
the world has supposedly shrunk, and has in fact become a global village.

However, globalization also refers to the free exchange of consumer products on a global scale. Economists call this the
breaking down of economic barriers. The countries of the world have been arbitrarily divided into the first world, second
world, and third world The first world countries are the so-called economically developed countries; the second world
countries are the so-called emerging economies; and the third world comprises the so-called economically poor countries.

It is time that such classification be rejected because first, development cannot be based solely on the single criterion of
economics. Second, and more important, the economically developed countries are actually the more wasteful. Certainly, a
country that wastes the most cannot, by any stretch of the imagination, be considered developed. Lastly, development is
viewed solely from the anthropocentric point of view; as if the rest of the Earth was created solely for the benefit of human
needs, wants, and whims.

The usual assumptions and reasons given for economic globalization are:
1. To benefit consumersOn the surface, the mass production of consumer goods leads to lower prices, something that
is supposed to benefit consumers. Since the consumer items produced are mainly non-essentials, the question of whether it is
actually of benefit remains a question mark.

2. Production based on specializationThe theory of economic liberalization rests on the premise that a country should
specialize in what it does best. Thus, this economic theory tells us that if the soil and the climate of a place are appropri ate for
the growing of sugar, it must concentrate only on producing sugar to supply the world market. Economists call this competitive
advantage. The theory sounds logical and reasonable, but it does not imitate the processes of Nature. If Nature wanted it to
have only sugarcane, its fields would be naturally filled with only sugarcane.
We thought that that this theory and practice of economics was quite neat and nice, but we are discovering that there is a price
to pay. It seems that in the way we now see it, economic sense, at least in the short term, does not make good ecological
sense.

2. ConsumerismThe mantra of modern economics is to consume, consume and consume. In order to fill the artificially
created need of people for consumer goods, more and more goods must be produced. Moreover, in order to create the desire
and increase the wants among those who do not need the products in the first place, the tricks of advertising must be used.
To increase the consumption of cigarettes, cola drinks, and other consumer items, the picture of a skimpily clad man or
woman is pictured on TV to excite the innate desire for sex. The psychological game in effective advertising is to be able to
transform this innate desire into the act of buying a consumer product. The consumer society has also been called the
throwaway society. After the contents of the consumer products are used, the packaging is thrown away.

There are pitfalls to making these assumptions. This assumption of competitive advantage disregards the fact that a consumer
is also a producer. Let us take the case of a Filipino chicken farmer who employs 10 people. If the price of chicken imported
from, say, the US is cheaper than the domestic price, people would stop buying locally bred chicken. Because no one buys his
chicken, the Filipino farmer would then have to close shop. His employees end up losing their jobs. With people out of jobs, it
does not matter how cheap the imported chicken would be; the chicken farmer and his former employees and their families
would simply not have the money to pay for it because they have lost their jobs. Is this what globalization means?

Let us assume that a countrys economy is largely based on sugar. What if, all of a sudden, a good substitute for sugar is
found? The economy of the country would break up into pieces. This happened to the sugar-producing provinces in the
Philippines in the 1970s. With the drop in the price of sugar, largely brought about by the discovery of substitutes and growing
health concerns, extreme poverty reigned in a land once known for the material extravagance of their rich. But not before the
forests had been scraped bare to make way for sugar plantations.

In the same manner that a reef contains different kinds of marine life, or a forest contains different kinds of animal and plant
life, so also must a country have a diverse economic portfolio. One of the fundamental principles of good economics, in fact, is
diversification. This really means nothing more than imitating the ways of nature.
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By now, we have fully understood that there is no such thing as a sustainable consumer society. A wasteful society is bound to
suffer the consequences of its bad habits, sooner or later.

Then there is the question of equity and fairness. The main producers of consumer items, from cars to shampoos and brand
name apparel, are the consumptive countries. Having run out of markets to sell their excess products in their own countries,
they are now on the prowl for new markets. So they use the techniques and tricks of advertising to create false desires in the
people of the financially-disadvantaged countries (FDC). The situation becomes confusing, ridiculous, and downright pathetic.
Because the poor man now wants to buy the product that the rich man is selling, the poor man borrows money from, and pays
interest to, the rich man. Only then could he afford to buy the product of this rich man, which he did not need in the first place.

When too much reliance is placed on the economy of others as the source of ones economic well being, there arises a
situation known as economic addiction. In the latter half of the 20th century, it was said that when America sneezes, the rest
of the world catches the flu. But as a result of the September 11, 2001 World Trade Center bombing attack, great economic
uncertainties arose.

However, if any good must be distilled from this horror, it is the chance to sit back and ponder the
economic situation of the US and of the rest of the world.

Let us take yet another example of the false assumption of competitive advantage. In the late 1970s and 1980s, Thailand and
the Philippines converted their mangrove swamps into intensive prawn farms to fill the demand of the Japanese market.
Japan was then at the height of its economic prosperity. With the prospect of the seeming millions of dollars to be made in t he
prawn farming industry, no one cared that the mangrove areas were the hatcheries and spawning grounds of marine and
aquatic life. Billions upon billions of tons of fresh water were used to dilute the sea water to supply the artificial balance of
brackish water needed by the intensive prawn farms. The governments allowed the indiscriminate grant of fishpond lease-
agreements over these mangrove areas, even to the point of giving fiscal incentives to destroy them.

Eventually the fishpond proprietors produced too many prawns with nowhere to sell them to. In time, they closed shop, but by
then, hundreds of thousands of hectares of mangroves forests had already been cut, and billions of cubic meters of fresh
water wastedall irreversibly.

It is the statement of a simple truth that some of the richest men in the world are also the unhappiest. They realize that they
just spent their time chasing after money, only to realize at the end that they did not want that much after all. Anyone who has
achieved some level of material sufficiency knows only too well that upon getting there, the question still remains: What now?
Almost all of the rich men and women in capitalist societies end up putting up foundations.

Planning by common sense
Humans need three things: food, shelter and education. The first two are meant to provide for the physical well being, while
the last, education, provides the mental energy to fuel the intellectual and spiritual being.

The economic strategy of a country can really be quite simple. Economic planning on the national scale, and even on a global
scale, is really an exercise in plain common sense.

A government must provide for food at the lowest price possible. It can do this by buying the rice and vegetables produced by
farmers at a price that makes it attractive to return to farming; then it must sell to the people at a very low price. Short-
circuiting the process and eliminating as many of the middlemen as possible is one step. Providing for efficient and
inexpensive transportation and locating farms near population centers are other options. Government can also promote urban
vegetable gardens.

Rice is a staple food for Asia, although much of it is useless starch, especially white rice. Also, man is basically a herbivore
and not a carnivore, meant to eat grass and not animal meat. While modern man has become so accustomed to eating meat,
recent studies by the National Academy of Sciences in the US revealed that the protein requirement of a human being is only
between 36 to 50 grams a day. This is meat the size of less than a matchbox. When and how man learned to eat meat is not
exactly known. But what is now known is that ingesting too much animal meat has been the cause of so many of the modern
day ailments, from cardio-vascular diseases to kidney ailments..

Ecologically, too, we have seen the impact of meat production on the land, air, and waters of the Earth. As a child can be
taught to eat vegetables by a good father, so could a people be taught to eat vegetables by the State. Its healthy, not only for
the natural world but also for the body itself.

As a bird needs a nest, so does man need a home. It is only when a man has a stake in the land he lives on that he will begin
to care for the welfare of his community, of his society, and eventually of his country at large. Government can provide
minimum housing for everyone. As a family must allocate a part of its income to its housing needs, so should government
allocate a large part of its budget for housing.

Economists tell us, and on this point we may believe them, that housing construction is a good way to pump-prime the
economy. The collateral economic benefits of housing starts are manyconstruction materials, demand for human labor,
etc. With respect to the individuals capacity to pay, the money required for the payment of a housing loan must not be more
than five to 10% of his income per month. A higher rate would create undue hardship for the family and increase the risk of
loan failure.
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After a man and his family have been liberated from these basic concerns, then, and only then, can they begin to think of
developing themselves as beings of an order higher than that of other animals. As it is today, many of us spend almost our
entire lives trying to fulfill these basic needs. Our oft-cited excuse for not indulging in leisure is that we have no time.

Education is an item of utmost priority in the government budget of progressive countries. In the Philippines, the Department of
Education enjoys the largest appropriation (but only after the debt-service). Ideally, placing a high priority on this endeavor
would require high salaries for teachers. Students can also be afforded all the benefits necessary while they are in school and
while they are doing well. First, tuition could be free for those who want to study. Second, with the advances in information
technology, all the tools of education, from books to computers and distance learning techniques, are already available and
waiting to be tapped.

But how can the Philippines find the money? The Philippines is, in fact, a rich country pretending to be poor. If subsidizi ng
the basic needs of citizens is such a good idea, then we should do it by simply re-arranging our budget.

Who is better off economicallya man who earns P6,000 a month and spends only P 5,000; or a man who earns P 10,000 a
month and spends P15,000? The answer does not seem to be so obvious for so-called financial whiz kids in countries around
the world, as governments insist on spending more than they earn. They even invented a term for it in the language of
financedeficit spending.

This practice of deficit spending is against all notions of financial prudence and common sense. It is also an example of wrong
economics and utter fiscal mismanagement.

The question of debt
What if, in order to sustain your daily expenses, you borrowed from the bank and paid interest for the loan? This is exactly
what the financial experts and economic managers have done, and are doing, to many of the economies of the world. By
sheer fiscal irresponsibility, their countries have become heavily indebted. What is even worse is that to pay for their debt and
wasteful spending habits, the countries are being stripped bare of trees, fish, waters, and soil. Because the debtor country
cannot pay for the entire principal even with what it has earned in foreign currency, the creditor again lends to the debtor.

What then is the solution? First, the country must stop more borrowing. Second, it must negotiate with the creditors for
favorable financial arrangements. In the language of finance, this is called debt restructuring.

It is time that borrower-countries realize that there is no end in sight if they keep on borrowing money to pay for deficit
spending. The longer they wait, the higher the price will be. A heavily indebted country is like a junkie, quite literally an addict
of money.

Certain points need to be remembered in the aspect of debt restructuring. There is a saying in the banking community: When
you owe the bank $1 million, the bank owns you, but when you owe the bank $1 billion, you own the bank. The bigger the
loan, the more reasonable the bank will be on the terms and conditions of debt restructuring.

Debt service is the term economists and financiers use for the simple act of paying a loan. Two basic common sense
principles come into play: When you borrow, you must know exactly where to get the money to pay for it. Also, the income
derived from the use of the money borrowed must be more than the amount due for debt service.

If the debt service is almost equal to the expected revenues, there will be hardly any money is left for internal investments. If
the fickle winds of economics blow the wrong way, and the expected earnings do not materialize, there is great danger of loan
default.

There is a need to re-examine the terms of restructured loans. Today, loan terms extend up to horizons of only 10-25 years.
Given the heavy debt that countries have sunk themselves into today, it is now necessary to look at repayment terms of up to
100-150 years.

Funds freed up from the restructured debt could then be devoted to provide for the three basic needs: food, shelter and
education. Additional savings could then be used to jumpstart the projects and activities in line with a new way of thinking in
the field of economics.

Throughout the history of human civilization, man has always been a user of natural resources. In the last 200 years, however,
the scale and intensity of this use has been such that the extraction rate has been much faster than the replenishment rate. In
fact, in July 2002, a respected head of a worldwide environmental organization issued a warning: At the rate natural resources
are being used up, by 2050, we would need two Earths to fill the needs of humanity. Instead of continually extracting, let us
think about restoring the natural world. If we must restore the Earths productivity to fill future human needs, we must restore
the damaged ecosystems.

The 19th century saw the growth of the Industrial Revolution. The 20th century saw the rise of the Information Revolution. The
turn of the 21st century will mark the birth of the Eco-Revolution. People are beginning to understand and realize that our
wasteful ways will not work in the long run. It is not a question of whether everyone will or will not, because they all will . The
remaining question is when and how fast the thinking shift can happen.
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The economies of the world will eventually begin to move on to what one of the worlds influential thinkers has called the Eco-
Economy.

It will be an economy that is based on, and that will aspire for, a non-destructive, restorative and protective
relationship with our oikos.

Instead of stripping the forests to make logs and lumber to supply the gluttony of the consumptive countries, why not think
about restoring the temperate and tropical forests to their original condition? Instead of allowing the soil to simply wash away
into the rivers and seas, why not think of soil and water conservation projects? Instead of harvesting every bit of morsel from
the seas and the coral reefs, why not think of establishing a network of marine sanctuaries? Instead of mining activities that
extract ore from virgin minerals, why not mine the tremendous minerals now contained in the consumer wastes that we
throw away everyday? Instead of using fossil fuels to burn, irreversibly and with adverse atmospheric impact, why not invest in
the research and in use of renewable energy sources?

The tremendous amount of work that an economic paradigm shift will require will keep almost everyone in the uplands and in
the coastal zones occupied for at least one or two generations. It will also provide enough breathing space to restore the
forests and the coral reefs to their former levels of productivity. By then, there will be enough to feed those who need to be fed.

The Philippine economy
Philippine economic thinking has long followed the conventional and erroneous paradigm of extractive economics. This is
the mindset that has justified the mindless extraction of anything and everything useful to man. It is grounded on the belief
that man is the center of everything, a belief that is, of course, as valid as when men thought that the Earth was the center of
the universe.

In line with this erroneous thinking, the Philippines has scraped its forests and seas bare in the haste to consume, consume,
and further waste away everything it has. However, like the rest of the world, the Philippines is beginning to realize that this
manner of thinking cannot be sustained. We cannot go on consuming all that we want because those who will come after us
will also need them.

Of late, the pace of extraction has become more delirious. Over a span of 50 years, the Philippines has wiped out practically
90% of its primary forest and marine resources. We are finally beginning to realize that after stripping our land bare to sell our
natural resources, we have ended up poorer now than we were 50 years ago. The Philippine economy is in very, very deep
financial trouble.

In rough figures, the budget of the Philippine government for the year 2002 was P750 billion. Of this, almost P300 billion (or
35%) is spent to pay for debt service. The government budget lives solely on what is, in the world of finance, the equivalent of
an artificial blood transfusiondebt, debt, and more debt. As of the year 2002, the Philippine government had outstanding
loans of about P2.6 trillion. On a more personal level, that translates to more than P30,000 for each and every Filipino man,
woman and child. That is about six months salary for an average wage earner.

Despite the amount it owes, the government continues to exercise utter fiscal irresponsibility. For the year 2002, its
budget deficit was expected to hit almost P200bBillion, or more than one-fourth of its entire budget. To finance this
deficit, the Philippine government will need to borrow more money. In truth, therefore, the only money it really has
and can afford to spend is P250 billion. Yet it spends three times more than it can afford.

These sums of money are seemingly too large for us ordinary mortals to easily understand, mortals who try hard to
make a few thousand pesos a month to make ends meet. Let us say that you and your spouse had a small business.
This business earns P200,000 per month. However, you spend P400,000 per month living a lifestyle you cannot
afford. Because people continue to lend you money, you go ahead with your extravagant lifestyle. To pay for it you
borrow more money to finance the deficit. That is not too bad if there is a reasonable chance of the loan being paid
back. The trouble, however, is that you yourself have no idea where you will get the money to pay for it.

By all standards of economic and financial common sense, deficit spending cannot go on. If our financial wizards
insist on going on this way, the eventual collapse of the business is not just a looming possibility, it is an absolute
certainty. One law of ecology that applies to economics is that nothing is for free. The longer we wait, the higher will
be the price to pay.

The year 2002 marked a financial fiasco as the result of irresponsible economics in the country of Argentina. One
day, the people of that country woke up and found out that they could no longer withdraw their money from the bank.
That was the day the government of Argentina simply ran out of money. Because it could no longer borrow more, it
needed the peoples money to prop up the collapsed economy, if only to give it a semblance of stability. In a few
months they had half a dozen presidents.

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Yet again, here, is an example of what can happen, and will happen if we continue to walk along the path of debt.
There is, however, one lesson that can be learned from the financial debacles of Argentina, Indonesia, Brazil, Mexico
and the 1997 Asian Meltdown: One day, the line will snap.

The economic doldrums experienced by the whole world today brings to fore one stark and simple fact: Extractive
economics is simply not sustainable. Instead of viewing it as a reversal, the present global economic slowdown
must, in fact, be viewed as a welcome respite from the maddening pace of extraction. It is also a humbling experience
for everyone, and gives everyone a chance to go back to the basics.

The difficulty lies not in understanding that this eventuality will happen sooner or later. The main difficulty lies in the
fact that there is no single national or international leader willing to face this reality. No one wants to begin to talk
about correcting this grievous mistake. The leaders of rich countries are afraid that their banks will not be paid by
debtor countries. The leaders of the poor (debtor) countries are afraid to create an economic upheaval that may lead
to their being toppled from power.

A place of promise
There are, however, some things the country has in abundance. By standards of natural beauty, the Philippines is
rather fortunate. Its forests are rich, far richer than the entire continent of North America. Its seas are unsurpassed
the world over in abundance, beauty, and diversity. Its land, buffeted by the northeast and southwest monsoon
winds, is blessed with rain and sunlightthe prime givers of life. From the smallest picturesque volcano, to the
smallest mammal, to the smallest fish and the richest seas in all the world, the Philippines has it all.

The Philippines must be restored to its former state of being a slice of heaven. It must begin to veer away from the mindset of
extractive economics and begin the shift in its thinking to restorative economics.

Here lies a great opportunity for the Philippines to show the way and be a world leader in the paradigm of eco-economics.
First, our ecosystems restore very quickly. Second, there is great unemployment, idle hands waiting for work. Third, the
Filipinos are a highly resilient people. These three factors make up the best ingredients for a successful experiment at
restorative economics.

There is something unique about the Filipino genetic lineage, a hybrid of the Malay, Chinese and Caucasian races. This
unusual and happy mix of hereditary blood makes for an attractive, easygoing and gregarious character. Being island people
totally surrounded by the sea, Filipinos are a laughing lot.

In addition, the Spanish introduced added to this natural zest for life the fire and fervor of Latin blood. Filipinos will sing, dance,
and laugh at the drop of a hat. These make up the two distinctive characteristics that Filipinos are world-famous for: legendary
hospitality and amazing musicality.

If the above premises are admitted as true, the next step is to use them as the ingredients to formulate the long-term
eco-logic and eco-nomic vision for the country. The vision is to restore the beauty of the Philippine Islands and
enhance the beauty of its people. By restoring the damaged mountains, seas and rivers, we will restore lost
productivity. By restoring the productivity we will assure ourselves of the supply of a basic human need, food. By
protecting it, we will preserve this natural heritage for all humanity.

Today, the Philippines is paying almost P300 billion just as interest on its debts. What if it decided to restructure its
loans and pay only P20 billion a year? The balance of P280 billion could then be freed up to pump-prime employment
towards regenerative (or restorative) economics. People could be paid salaries just to protect the marine
sanctuaries, paid daily wages to replant and take care of the mountains, given research grants to study Philippine
biodiversity, develop alternative energy systems, and undertake similar activities.

What is economically beneficial about restorative investments is that the payback period is very short. In five years, a
marine ecosystem protected as a sanctuary becomes almost as productive as it was 30 years ago. In 15-20 years,
forests can regenerate to almost the vegetative condition it once was.

When the productivity is restored, there will be enough for everyone. Trees would be more economically attractive
when they are vertical rather than when horizontal! In Costa Rica, tourists coming in from Caribbean cruises pay as
much as $50 per head just for a chance to walk under the canopy of a real tropical rain forest. And they regularly
have as many 300 visitors a day. The Maldives charges a minimum of $300-$400 per day for every visitor that goes to
its shores. Nearer home is the famous island resort in the Sulu Sea off Palawan where Hollywood stars, international
jet setters and multi-millionaires have traveled.

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The word tourism is shallow in its connotations, highly inappropriate because of its purely economic implications.
For lack of a better word, let us call the strategic vision proposed here as eco-visitorism.

In a sense it is similar to eco-tourism. The principles of sound eco-tourism dictate that natural resources must be
protected well. If it must be intruded on by man, this intrusion must have little or no impact whatsoever. Let the
carrying capacity of the place of beauty be carefully taken into account, and then let the visitors come in much less
numbers than the place could carry.

However, the idea of visitorism begs to differ from the conventional connotations of the term eco-tourism. The
idea of visitorism is in tune with the hospitable character of the Filipino where guests are treated as kings and dear
friends. This distinction between a tourist and a visitor is necessary if only to emphasize the need to veer away from
the attitude of looking at tourists simply as a source of money. If we look at economic gain as the prime motivation
for tourism, there is a great danger that because of the lure of money, we will look the other way in the face of the
foolishness brought in by tourists. In time, we begin to start tolerating pedophiles, drug addicts, criminals and the
other dregs of society simply because they are tourists and bring in money.

On the other hand, if we look at our visitors as our guests, we look at them as friends who have come to visit us. And as
Filipinos are inclined to do when they have visitors, they roll out the welcome mat.

This new attitude of treating tourists as visitors gives rise to another implication: Because they are our guests, we expect them
to behave properly. As guests they are bound to respect our rules. If they do not, we are well within our rights to reject them.

Visitors are not simply a source of money. Money comes and goes, but visitors are friends. And to a Filipino,
friendship is eternal.

Land use planning is the first step to environmental planning. Resort towns must prepare a rational, scientifically-
based, and technology-oriented land use plan. It should not follow the haphazard development seen in the resort
towns of Boracay, Puerto Galera, Mactan, and Batangas, to name a few. Proper land-to-population density ratios
must be carefully considered. People do not want to go to the seashore to be with crowds.

More important, the land use plans must be diligently enforced. One reason why resorts in the Maldives can attract
highly selective visitors (and make top dollar) is that there is only one resort on every island. This makes the visitors
feel that they are truly isolated on an island, with a well-protected marine environment.

Any eco-visitorism program must be focused on CPR activitiesConservation, Protection and Restoration. Under this
concept, visitors will not just come to enjoy our seas and mountains. They must also be given the opportunity to help. The
following menu of activities can be offered:

1. The delineation of the virgin forests, national parks and land-based protected areas (appealing to mountaineers)
2. Soil stabilization and forest regeneration (for visitors interested in agriculture)
3. The delineation and planning of coastal zones (for beach lovers)
4. The establishment of marine protected areas and baseline studies (for scuba divers)
5. Study of alternative energy systems, thanks to with an abundant supply of rain, waves and sunshine (for the scientifically
inclined)
6. Working with recycling facilities
7. Developing an island of excellence for music and the arts, since the Philippines has produced some of the best musicians,
artists and performers in the world.
8, Developing an island of excellence for sea sports, coast guard and rescue service, marine biology, tropical forest
ecosystems, and regeneration economics.

There are many more activities that can be undertaken in the economics of CPR. Money will come as a matter of course.
Forests and marine ecosystems need only to be left alone. Nature is allowed to regenerate, assisted only by caring human
hands. Left alone, nature heals quickly.

CPR economics requires low capital investments, and yet the returns are almost immediate. The payback period is very
short, and it also comes in multi-fold. The return on investment (ROI) is high, something like 1,000% in 5 years. No investor
worth his salt would find this ROI unattractive. The social benefits are tremendous, as many of the people now unemployed
will immediately find something productive to do.

Restorative economics is not new. When the US was in the depths of economic depression in the early 1900s, F. D. Roosevelt
came up with the idea of the Civilian Conservation Corps. All of sudden, millions of hands found meaningful work in the
restoration of the soils that had all but dried up during the Dust Bowl era.
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To be sure, there are already sparks of activity moving along these lines. The many examples in the chapter on local
governance (Chapter 8) are the best pieces of evidence that restored ecosystems result in greater productivity for all
concerned.

For its part, the government is beginning, but only beginning, to realize that the age of industrialization and consumer
manufacturing has passed us by. If the Philippines must reverse its present path of destruction, it must veer away from the
economics of extraction and lead the world in the economics of restoration.

CHAPTER 10
INTERNATIONAL ENVIRONMENTAL LAW

SUB: THE LAW MUST BE BASED ON SOUND PRINCIPLES AND THE IDEA OF A COMMON GOOD, AND THE BEST WAY
TO PROTECT THIS GOOD IS TO CHANGE OUR PERSPECTIVE, BY REORIENTING INDIVIDUALS AS WELL AS
INSTITUTIONS

PART I: The Story of Environmental Law

Sub: Effective environmental law is grounded on human rights, and must encourage sustainable development

IF A team from another planet would study the Earth today, they would come up with some alarming data. The hottest years in
all of recorded history took place in the last quarter of the 20
th
century. In the last 50 years of the 20
th
century, up to 90% of the
fishery resources of the Earth were depleted. Also, during those 50 years, up to 90% of Earths forests were denuded. Within
the same 50-year period, up to 50,000 species of Earths plant and animal life are lost and rendered extinct every year. The
chemical pollution that human beings caused are poisoning the very air that they breathe, the soil that gives them food, and
the water that they drink.

Humans have grouped themselves into countries or nations. These groupings are largely based on certain commonalities,
such as a shared locality, common language, shared history, common religion, and common culture. These groupings occupy
a patch of Earth they call their territory. This territory, the people within it, and their government are collectively known as
country, nation or state.

Like all the other animals on Earth, people have a system of social order. However, unlike the social organization of ants and
bees, the social and political system of human beings is a little more complex. Their system includes a mechanism for the
maintenance of peace and order, a system of choosing their leaders, and even a system of rules to follow in their relationship
with one another. The latter is what they call the law.

The nature of the law
The law that governs the behavior of the people within the territory of a country is called its national law. These national laws
include not only the set of rules to govern the people, but also a dispute resolution system. It is fairly easy to carry out,
because within the territorial boundaries of a country there is a central government that has the power to resort to the use of
force to compel people to comply with the rules.

As travel, communication, and trade relations grew between countries, there arose a need for rules to govern the conduct of
nations in relation to one another. This later became known as international law or the law between nations. In the
panorama of human history, it was not until the 19th century that international law began to develop. In fact, it was only in the
20th century that international law grew by leaps and bounds.

Truth to tell, it took human beings two world wars (World War I in 1914-1918 and World War II in 1939-1945) to finally awaken
to the need for some sort of a global authority to at least moderate their inherently warring nature. It was not until October 24,
1945, when the United Nations was born, that the peoples of the world came together to proclaim an end to human suffering
from the scourge of war. Since then, the United Nations has served as the main repository of international law.

International law is generally described as the rules of conduct that countries observe in their relationship with one another and
with the entire global human community. They are based on the simple principles of good manners and right conduct,
examples of which are non-aggression, cooperation, amicable settlement of disputes, etc. They are the fundamental principles
that people generally observe in relation to each other in civilized society. These international rules of conduct are expressed
in agreements entered into among countries, in the customary practice of states toward one another, in common-sense
principles of law observed by people in a civilized society, and in judicial decisions and the explications of highly qualified
scholars.

International conventions and treaties are agreements entered into by and among states, which act as the parties to an
agreement. Where there are only two parties, the agreement is generally referred to as a treaty (or a bilateral agreement).
Where there are many parties, it is generally called a Convention or a multi-lateral agreement.

The word custom generally means habitual practice. In law, custom means that a behavior is such a common practice and
tradition, and has been in usage for so long that it has established itself with the force or validity of law. To prove customary
practice in international law, it is necessary to establish that a country has not only observed a particular conduct in its external
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relations, but that said country does so under a belief that it has the force of law. For example, allowing the free passage of
merchant vessels through the sea lanes of a particular country is an established customary practice in the international law of
the sea.

There are also matters that are so basic to human relations that they are considered mandatory standards of human conduct.
In the language of International Law, they are known as peremptory norms.

The standards of conduct against the act of
genocide, the practice of slavery, and the habit of non-aggression are all examples of what fall under the category of
peremptory norms.

A third source of international law is the general principles of law that apply in all jurisdictions of the world which observe the
rule of law. Some of these basic principles are, for example, the principles of good neighborliness, of not using one s property
to harm others, and of being liable for damage caused to others. These are basic rules observed in a civilized society, and are
meant to fill the gaps for acts or conduct not yet covered by treaty or custom between States. In the Philippine Civil Code, for
example, there is an entire chapter on human relations that expresses these basic rules.

Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith.
Article 20. Every person who willfully or negligently causes damage to another, shall indemnify the (person damaged).
Article 21. Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or
public policy shall (pay for the damage done). - Civil Code of the Philippines

International law may also be expressed through the judicial decisions of international courts and tribunals, and of national
courts. It must be noted that a judicial decision is not, by and of itself, the international law. Rather, the judicial decision is
said to be only an expression or an articulation of the principle of international law which is applied to a particular controversy
or case at hand. In other words, it is not international law itself, but only evidence of the existence of the legal principl e
involved.

Now that we have a basic understanding of International Law and how it works, we can proceed to discuss the principles of
international environmental law.

The Stockholm Declaration on the Human Environment is said to be the watershed event in
the growing awareness of the impact of human activities on the natural world on a global level. A number of regional and
international conventions followed, such as the Rio Declaration of 1992, the Vienna Convention on the Protection of the Ozone
Layer, the Biodiversity Convention, the Climate Change Convention and others.

Principles as basis for law
A principle is defined as a statement of general truth, which serves as the foundation for other truths. In the field of nat ural
resources conservation and environmental protection, there are certain truths which, although not yet widely accepted as a
matter of practice by all states, are nonetheless true. These are self-evident truths expressed as a general statement derived
from experience and common sense. They provide general guidance for the drafting of environmental legislation and in the
resolution of environmental disputes.

For economists and policymakers, these principles are particularly useful when trying to integrate environmental concerns in
development plans and programs of a particular country, or when dealing with international trade and global economic policy.
They echo resemble the principles and fundamental civil rights of an individual, such as the right to be free from harm, to act
with justice and good faith, to give everyone his due, as well as the other basic standards of good human relations.

The right to life is the most basic human right, enshrined in all international covenants and national constitutions. It is the
broadest area of convergence between the field of human rights and the field of environmental protection. This includes the
right against the arbitrary taking of human life without due process of law. In the Supreme Courts of both India and the
Philippines, this right has been articulated with great eloquence. In India, the Supreme Court said that the natural environment
is essential to the enjoyment of the right to life itself.

In the Philippines, it has been interpreted as a right that even predates all
governments and constitutions for it concerns nothing less that the right of self-preservation and self-perpetuation.

The right to life has two aspects: the right to compensation in case damage results from the act or negligence of another, and
the duty of the State to take positive steps to safeguard this right.

The right to health and the right to life are inextricably intertwined. When the air they breathe, or the water they drink i s foul,
the peoples health suffers. The convergence of the right to life, to health, and a wholesome environment finds expression in a
number of international conventions. The UN Commission on Human Rights specifically declares that the promotion of an
environmentally healthy world contributes to the protection of the human rights to life and to health.

In like manner, the 1989 Convention on the Rights of the Child also expressly states that the children of the world have the
right to enjoy the highest attainable standard of health to combat disease and malnutrition. Thus, it is the duty of governments
to protect the children, provide them with adequate, nutritious food, and clean drinking water, and to take into consideration the
risks of environmental pollution.

On another level, linked to the rights to life and good health, is the right to privacy. It means that a person has the right to be
free from undue interference in his home and in the use of his property.

This right may be invoked against unnecessary and
unlawful environmental interferences. Noise that affects the peaceful enjoyment of ones home, the flooding of ones farm by a
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nearby dam, or even changes in the microclimatic conditions of an area as a result of the heat generated by a power plant, are
some examples of such interference.

This right can also be invoked against the location of garbage dumpsites in ones neighborhood. Where the interference is of
such intensity or degree that it results in a near total loss of the use of ones property, it is tantamount to the taking of that
property, and its owner is therefore entitled to reparation.

The right to be free from interference has always been subject to a test called the balance of interests. The test attempts to
balance the right of the individual on the one hand, and on the other, the competing interests of the community. More often
than not, the community (represented by the State) enjoys the wider latitude and takes precedence over the rights of an
individual. For example, certain burdens may be imposed upon a person or his property for the good of the community-at-
large.

However, when the burden placed upon the person exceeds a certain threshold, or when the imposition becomes undue or
unnecessary, the individual is entitled to proper compensation. An example in point is a decision of the European Court of
Human Rights finding that the toxic fumes emitted by a tannery violated the right to the quiet use of property of certain people
living nearby. Applying the balance-of-interests test, the Court found that the state had placed an unfair and disproportionate
burden on the individual and therefore had to compensate him for such imposition.

The other side of the coin is the responsibility of each state not to cause harm to another, directly or indirectly. A state causes
harm to another state directly by outright acts of aggression. Indirectly, this harm is committed when a state allows its territory
to be used for activities that result in harm to other states. This is similar to the principle of nuisance discussed earlier.

This principle found expression in one of the early cases on transnational pollution involving the neighboring states of Canada
and the US. At the turn of the 20
th
century, American farmers along the border between these two countries noticed that their
crops were being damaged by the fumes from a Canadian smelting plant located up north. It was also established that the
health of the people in the vicinity was adversely affected by the toxic emissions from Canadas smokestacks.

In the proceedings convened to amicably resolve the issue, the arbitration tribunal ruled in favor of the US. To support its
decision, the tribunal stated that under the principle of international law no state has the right to use or permit the use of
its territory in such a manner as to cause injury by fumes in, or to, the territory of another, or on the properties or persons
therein

The obligation not to cause harm has been confirmed by the International Court of Justice (ICJ). Shortly after World War II,
mines placed in the waters of Albania damaged British warships and resulted in the loss of lives. When the Corfu Channel
case was elevated to the ICJ, the Court ruled that: The obligations of Albanian authorities consisted in notifying, for the benefit
of shipping in general, the existence of a minefield in Albanias territorial waters. This obligation also consisted of warning the
approaching British warships of the imminent danger, to which the minefields exposed them. Such obligations are based
.on certain general and well-organized principles, namely elementary considerations of humanity, even more exacting in
peace than in war; the principle of the freedom of maritime navigation; and of the principle that every State has the obligat ion
not to knowingly allow its territory to be used for acts contrary to the rights of other States.

At the close of the 20
th
century, the 1996 advisory opinion of the World Court on the nuclear tests case stated that this
obligation not to cause harm extends not only to the territory of other States but also to areas beyond the limits of any
countrys jurisdiction. These are the areas known as the global commons, examples of which are the high seas, the
Antarctic region, and outer space.

A necessary consequence of the obligation not to cause environmental harm is the corresponding responsibility to repair any
damage resulting from a breach of the obligation. Let us recall a simple principle we learned in a provision of the Philippi ne
Civil Code on Human Relations. It states that whoever causes damage to another in a manner that is contrary to morals, good
customs and public policy shall be liable for the damage done. The principle of state responsibility in such a case is nothing
more than an international law articulation of this basic principle of human relations. In the Charzow Factory Case, the
Permanent Court of International Justice (predecessor of the ICJ) had occasion to say that It is a principle of the international
law.that any breach of an engagement involves an obligation to make reparation.The Court has already said that
reparation is the indispensable complement of a failure to apply a convention, and there is no necessity for this to be stated in
the convention itself.

Every now and then, especially in the field of international law, we encounter the word sovereignty. It is important to fully
understand the term because it has been a constant source of tension between states. On one hand, there is the interest of a
state to protect its independence and right of self-determination (in short, to do what it wants). On the other hand, there is a
growing recognition that cooperation among countries is indispensable if the world is to at all have a chance to avert the cl ear
and present danger staring at humanity today.

Sovereignty is defined as the right of a State to exercise exclusive jurisdiction over its people and the resources of a
particular patch of the Earths surface, i.e., its land and waters and the air space above it. The need for international
cooperation in environmental issues of regional and global scale, however, requires states to limit their right to use their
natural resources, or at least to limit certain activities within their respective territories.

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The same is true for biodiversity conservation and forest and marine protection. Protecting these resources is important not
only to the country that has the resources within its territorial boundaries but also for the rest of the world. To the extent that a
biological diversity region contains the genetic pool of humankind as a whole, it belongs not only to the country where it is
located but also to the whole world as a common heritage of mankind. Hence, by declaring it as such, the use of a forest or
marine resource by the particular country must necessarily be limited.

It is now widely recognized that Earths environmental degradation respects no man-made and artificially marked political
boundaries. In the natural order, the system of division into regions is quite different from the way human beings arbitrarily
divide land through political boundaries. In the State of Nature, land is not divided by fences, posts, or other territorial
boundaries. Even when Nature divides a patch of land with a river running through it, the whole thing is a complete ecological
system functioning as an indivisible whole.

This unity of ecosystems is clearer in the sea, where the natural demarcations fade. In the case of marine life, the divisions, if
any, are not zones of separation but zones of transition. These are the zones where different life forms are interdependent
and where nature lays down the rules of behavior.

In the case of nation-states, however, they lay claims of sovereignty based on artificially demarcated straight lines called
national boundaries. In fact, all too often, these boundaries do not even respect the natural boundaries of ridges and rivers.

Efforts directed at international environmental management based on cooperation among States have been, until recently,
sporadic and ineffectual.

The cause of this ineffectiveness lies in the fact that countries claim to be independent of one
another. Unlike the national scenario where the administrative structure is vertical with a centralized enforcement authority, in
the international arena the structure is horizontal, in the sense that states generally do not recognize a higher authority and
give undue emphasis to their own notions of sovereignty.

Admittedly, states have the full and absolute power within their
territorial boundaries.

Sustainable development and progress
The drive for development has become synonymous with the meaning of economic progress. Its indicators are measured by
numbers reflective of the GNP, GDP, and the growth in per capita income. We say, for example, that an economically
progressive country is one that has a GNP growth of 7% per annum and continually increasing. We also say that a
developed country is one where per capita income is, say, $70,000 per year, and continuously growing.

In the second half of the 20
th
century, people began to belatedly realize that the conventional pattern of economic development
being pursued by countries worldwide could not be sustained in the long run. This kind of economics was found to be too
costly in terms of its impact on the natural world and the elements that sustain all life forms. This belated but shining
realization gave birth to the environmental movement.

For about 30 years (circa 1960-1990) economic development and environmental protection sat at opposite ends of the table,
in apparent contradiction to each other. In the beginning, it seemed that if the environment were to be protected, it would mean
there could be no economic development. On the other hand, if economic development were to be pursued vigorously, the
environment would suffer. This conventional theory placed economics directly at odds with ecology.

Today, there is no question as to whether we should, or should not, protect the environment. It is in the realm of a peremptory
norm, a basic truth and principle of life. On the other hand, human beings must be lifted out of poverty.

To accommodate and harmonize these two seemingly conflicting needs, a thinking pattern had to be invented. Thus, was
born the concept and principle of sustainable development.

Although the idea has been discussed by academics since the early 1970s, it was only when the United Nations
commissioned a global panel of experts in the 1980s to come up with broad recommendations that the term attracted
worldwide attention. In 1987, the World Commission on Environment and Development (popularly known as the Brundtland
Commission) prepared a report that described the concept of sustainable development.

It was defined as development that
meets the needs of today without compromising the ability of those coming tomorrow to meet their own needs.

Shorn of its
more formal language, it simply means using natural resources without using them up, so that others who come after us will
have something to use.

The principle of sustainable development figured in the case of Hungary vs. Slovakia decided by the International Court of
Justice (ICJ) in September 1997.

In a separate opinion by then Vice President of the ICJ, Judge C.G. Weeramantry expressed
the opinion that sustainable development is more than a mere concept; it is a principle of behavioral value. The concept of
sustainable development is a principle accepted not merely by the developing countries but also by the world in general.

The principle is, thus, a part of modern international law by reason not only of its inescapable logical necessity, but also
by reason of its wide and general acceptance by the global community. It would not be wrong to state that the love of
nature, the desire for its preservation and the need for human activity to respect the requisites for its maintenance and
continuance are among those pristine and universal values which command international recognition.

The term sustainable development has become the slogan of every conference, article, and speech by environmentalists,
government officials, and now increasingly, even businessmen. This is a good sign because it shows the beginnings of a shift
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in the thought structure and meaning of progress and development. At the very least, economic development is now
beginning to incorporate the idea of environmental protection as a necessary component of doing business. Indeed, it is a
term so brilliantly ambiguous that it is easily acceptable to all sectors industrialists, politicians, policymakers, and citizens
alike.

More than half of the Earths surface area lies beyond the control of any sovereign state. The high seas and international
waters, the seabed, the continent of Antarctica, the stratosphere, outer space, and even the moon are all part of what is known
as the global commons. In the past, the resources in these regions were conventionally governed by the right of capture. It
followed the basic principle in the rules of acquiring private property, that possession is the first mode of acquiring ownership.

However, this conventional approach, the notion of capture or the principle of first touch, seemed unfair to the less
technologically advanced countries, or to landlocked countries which did not have access to these areas. To accommodate
their concerns, a new approach had to be developed. The new concept was that these areas, places, and resources are not
owned by any individual country but by humankind as a whole. In short, these should be considered as a common heritage
of humankind.

This principle has been applied to the continent of Antarctica, outer space, and the moon. Although some of the
technologically advanced countries have explored these regions, it has been resolved that these are held in common by
humankind as a whole.

This principle has also been applied to certain cultural and natural landmarks of which the UNESCO Convention on World
Heritage is the principal international law on the matter.

It declares that certain areas and sites are of such great cultural and
natural significance that they must be preserved for all time. These sites are so valuable and so important, not just for the
country where they are located but to the whole world, that the deterioration or disappearance of these World Heritage Sites
would be an impoverishment of the cultural and natural treasures of the whole world at large.

Such structures as Angkor Wat of Cambodia, the pyramids of Egypt, and the Great Wall of China are some examples of man-
made landmarks. The Tubbataha Marine Park, Banaue Rice Terraces, the Puerto Princesa Underground River,(all found in
the Philippines) and the Great Barrier Reef of Australia are other examples of the natural wonders of the world. Fortunately,
they have also been declared as world heritage sites. All of them represent a unique and outstanding natural and cultural
significance that gives us today, and will give our children tomorrow, a glimpse of what Earth is made of in its natural stat e,
and of the achievements of human civilization.

Neil Armstrong, the first man to land on the moon in 1969, said that it was a small step for man, but a giant leap for manki nd.
Without belittling the aeronautic achievement, 30 years later we realized that the small step was just that, after all. We now
have confirmed evidence of what we have known since the telescope was invented and we were able to peek at the moon
that the moon is incapable of supporting life. With all the sophisticated technology it took to journey to the Moon, we found that
upon landing there it was made of nothing but rock, rock and more rocks.

Despite the absence of life on the moon and seeing that it was useless anyway, countries of the world entered into an
agreement as to what to do with it. In 1979, certain States entered into an Agreement Governing the Activities of States on the
Moon and Other Celestial Bodies (often referred to as the Moon Treaty).

Applying the principle of a common heritage of mankind, it provides for the peaceful exploration and exploitation of the Moon
for the benefit not just of the country conducting the activity, but of all humankind, including future generations.

Shared treasures
The principle of a global commons has four dimensions:
1. Non-ownershipAlthough the resources in the area declared as a global commons are open for peaceful uses, the area
itself is not subject to ownership by any state.
2. International managementTo allow a single country to exclusively manage such an area would, in effect, give it total
control and exclusive dominion. To avoid this, the global commons are subject to common management. The actual
workings of this management of the commons (Antarctica, the high seas, and moon) are generally the subject of an
elaborate system of protocols and treaties. In the case of the high seas, for example, the system has even advanced to the
level of judicialized resolution of disputes.

3. Shared benefitsTheoretically, the countries that lack the technology to access resources of the global commons should
also share in the benefits from any exploitation conducted in the area. Making this concept work in realpolitik is, however,
much more difficult than the theoretical abstract. The more powerful countries have never fully accepted this principle. In fact,
the US signed the Law of the Sea Convention only after the provisions on shared benefits were deleted. Even then, as of the
close of the 20th century, the US had still not ratified this most basic UN instrument that practically the whole world had signed
and ratified.

4. Reserved for peaceful usesGlobal commons are supposed to be used only for peaceful purposes. The Outer Space and
Moon Treaty have specified that these places can only be used for the ends of peace. The 1970 Sea-Bed Arms Control Treaty
outlawed implanting the seabed with nuclear weapons or weapons of mass destruction.

Now that we are more comfortable with some of the basic terms in international law, we can take a small step forward and try
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to understand some other emerging principles in international environmental law. One of them is the idea of common but
differentiated responsibility.

It is said that industrialized countries, which make up 25% of the world population, release 75% of the global emission of
carbon dioxide. On the other hand, 75% of the population emits only 25% of carbon dioxide. While everyone in the world has
a responsibility to reduce the carbon dioxide emissions into the air that we breathe, the burden of limiting the emissions is not
equal. Naturally, those who emit more have a greater responsibility to do more. Thus, while the responsibility is common to
all countries, the burden to be assumed is not the same.

This concept also takes into consideration the unequal levels of socio-economic and technological development of the different
countries of the world. That is why the word used is not different but differentiated: While the responsibility is common, the
burden of bearing the responsibility is differentiated according to their capabilities and contribution to the degradation.

Let us focus on the example of greenhouse gases. Among the guiding principles of the Climate Change Convention (9 May
1992) is that the developed countries or consumptive societies must take the lead in combating climate change and its
adverse, almost calamitous, effects on humankind.

This is as it should be because the industrialized countries are the ones who emit the larger proportion of the greenhouse
gases. They are also in a better financial position to do so. On the other hand, a financially-poor but ecologically-wealthy
country like the Philippines bears a heavier responsibility to protect its rich forests and even richer marine resources than, say,
an ecologically-poor country like Afghanistan with a barren, mountainous terrain. The responsibility, therefore, is not just
different according to the conditions of a country; it is also differentiated according to its particular circumstances and
capabilities.

No doubt this is a controversial, although plainly common sense, principle. In recognition of the truth of this principle, the 1992
Rio Declaration states that: In view of the different contributions to global environmental degradation, the States have
common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the
international pursuit of sustainable development in view of the pressures their societies place on the global environment and of
the technologies and financial resources that they command.

The concept of intergenerational responsibility is really quite simple. It is the reason why human beings take care of their
children and provide for their welfare, as the principle follows the basic instincts of self-preservation and self-perpetuation.

So long as humans can conceive of a future generation of their own kind, there must be enough supply of the vital life-support
systems that will make their lives possible. This is the instinctive foundation of the concept of intergenerational responsibility,
the responsibility of this generation to the generations yet unborn. This responsibility is to ensure that when their time comes,
the beneficiaries (our children and future generations) will still have enough natural resources to fill their needs up to a horizon
of reasonable perpetuity.

This principle is also referred to as intergenerational equity or fairness to future generations. It is founded on the belief that
decisions made today must take into account the well being not only of our children, but also of the unborn.

Prevention is better than cure
An element of the precautionary principle is proper and timely information.
Years ago, before it was fully ascertained that smoking adversely affected ones health, the labels of cigarette packs contai ned
the following warning: Smoking may be hazardous to your health. The word may conveyed a certain degree of doubt in the
statement. It also indicated that there was a risk in smoking, which, although not yet fully validated, nevertheless posed a
threat to human health. Common sense would, therefore, dictate that a smoker exert efforts to stop smoking. Any person who
would go ahead with smoking anyway would be doing so knowingly, rationally, and voluntarily, with both eyes open and fully
aware of the consequences.

Used at a global level, however, the precautionary principle takes on a complexion that calls for a fuller explanation. When
applied to the law or Conventions on environmental protection, it becomes a little more complicated.

What science can often detect at any given time are only the symptoms of an ecological malady. The chocolate-colored water
that runs through the rivers during a heavy rainfall is, for example, symptomatic of severe soil erosion. Erosion is itself a
symptom of another ecological malfunction, of serious land degradation resulting from deforestation.

Recording methods have, for example, detected that the price of fish has increased astronomically over the last 30 years. By
itself, this is a symptom indicating that fish and marine life are getting increasingly scarce. The fact that drinking water is now
being sold in plastic bottles, at prices higher than gasoline in many places, is a symptom of the growing scarcity of clean
drinking water. The presence of garbage along the roadside, creeks, and rivers is also a symptom indicating that there is too
much waste.

The full impact of soil and marine resources degradation on the food security of the children and grandchildren of humankind
is quite difficult to predict with the fullest scientific certainty. It is also difficult to determine with utmost exactitude how the
increasing loss of potable water will affect human health in the next 20-50 years. It is impossible to determine today with
mathematical precision what kinds of diseases will grow to epidemic proportions when the crisis finally unravels, and how
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many will die from cholera, dysentery, gastroenteritis, skin diseases, and other ailments.

However, because of the appearance of symptomatic manifestations, humans are being given an inkling that certain
undesirable results are going to happen. Exactly when and to what extent the damage will be, and just how many will die or
be injured, are eventualities that cannot be predicted with certainty.

When the people of Ormoc City in the Philippines deforested their mountains between the 1950s and the 1970s to plant
sugarcane, no one ever imagined or predicted that one day in November 1991, an unusually heavy rain would fall on a
mountain that was bare of forest vegetation. They could also not predict that without that vegetation, the waters would simpl y
cascade down into an almost dry river with such ferocity that it would carry away 5,000 people to a watery grave in a matter of
30 short minutes.

To cope with anticipated damage and ecological surprises, the precautionary principle was conceptualized. A preventive
approach to ecological problems became necessary. When applied to global environmental problems, the precautionary
principle simply states that where there is some evidence that serious ecological damage may result from a pattern of existing
activity, humankind must exercise proper care and caution. This would mean having to either stop the activity altogether or, at
least, to design effective policy and legal responses to prevent a potential environmental threat. As articulated in the Rio
Declaration, the precautionary principle states that:

In the face of serious or irreversible damage, measures to prevent environmental degradation must not be postponed
simply because of the lack of full and complete scientific proof. (Principle No. 15)

What is the relevance of the precautionary principle in the legal process? Under ordinary circumstances, he who claims a
fact must prove it by presenting evidence that will establish the allegation as true. In legal language, this is the burden of
proof.

The precautionary principle reverses the situation. In the context of an actual legal battle, where there is evidence that serious
and irreversible damage may result from a certain activity, the precautionary principle shifts the burden of proof from the
person who seeks to stop an activity to the person who desires to continue with the activity. The burden of proof is transferred
to him in the sense that he must prove that the activity he is carrying out is safe and that it will not cause the alleged damage.

In Pakistan, the principle found expression in a case involving an electricity provider that was constructing a power grid station
in a residential area. The petitioners, residents of the nearby community, alleged that the electromagnetic field created by the
high voltage transmission lines at the grid station would pose a serious health hazard to them.

In resolving the case, the Supreme Court of Pakistan said that At present, the scientific evidence regarding the possibility of
adverse biological effects from exposure to high power frequency fields....is inconclusive. The remaining question is how the
legal system, including both the judiciary and the various regulatory agencies, should respond to this scientific uncertainty. In
such a situation, the precautionary principle should be applied. To stick to a particular plan on the basis of old studies or
inconclusive research cannot be said to be a policy of prudence and precaution.

Because the natural resources of the Earth are limited, whatever resources are used must be fully paid for. The price for the
use must not only be limited to the cost of production of goods in conventional economic terms (labor + capital + raw
materials) but must also take into account its hidden costs. These costs are seemingly imperceptible but nonetheless real,
and in fact higher.

Accounting for the costs of production in purely fiscal terms has proved to be faulty and inadequate when it involves the use of
environmental resources. In the discipline of economics, this would be called a failure in the price mechanism.

In addition to the costs of labor, capital, and raw materials, the environmental cost should also be properly accounted for.
These would include, among others, the cost of the forgone use by future generations (in case of non-renewable resources);
the cost of eliminating the pollution resulting form the manufacturing process; and the cost of rehabilitating the degraded
resource (e.g., reforestation, re-vegetation of mined out areas, etc.). This is the emerging science known as environmental
accounting. If properly applied, the user/polluter pays principle would slow down the ongoing frenetic consumption of natures
materials in the manufacture of consumer products.

Beyond our own backyard
The principle of good neighborliness is nothing more than the practice of good manners and right conduct between neighbors.
Public custom requires neighbors within a community to be good neighbors and to cooperate with one another in addressing
common problems.

The principle of prior consultation is a natural offshoot of good neighborliness. It is ones duty to notify ones neighbor if there
is any activity to be undertaken by one that will affect the other. This is something people practice in their everyday life. It is
already ingrained as part of peoples customary practices.

At the level of states, the scale is just expanded, but the principle remains the same. The principle of prior notification and
consultation carried out in the spirit of good faith and neighborliness includes the duty to inform all neighboring states that may
be affected by a particular states activity within its own territory. This duty includes giving all the necessary informati on on the
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intended activity or action and any potential impact of these activities on the neighboring states. This would enable the
potentially affected states to take the necessary precautions to prevent or minimize damage to their own territory and people.

One example of this practice is the Transboundary Movement of Hazardous Substances treaty. It requires that prior notice of
the shipment of hazardous waste be properly given to the receiving state. In another example, it was the duty of the
government of the former USSR to immediately inform its neighboring states of the Chernobyl Nuclear Power accident in
1986.

This principle of subsidiarity states that decisions are best made to rest on the lowest appropriate level of a social or pol itical
organization that stands to be affected by the decision. Thus, before undertaking a project such as a mining operation, or
building a dam, this principle requires that the community affected should be consulted. They are the persons most affected by
the decision, such as, for example, when their mineral resources are extracted and irretrievably used. The people on the
ground know the local conditions better than anyone, and they are in the best position to assist in the implementation of any
preventive or mitigation plan. They also stand to suffer the consequences of any wrong decision taken.

The principle of subsidiarity, therefore, necessarily requires that where decisions to irrevocably commit natural resources are
made, two things need to be done. First, is to consult the people who will be most affected, and second, to study the
environmental impact of the proposed activity or project.

A natural offshoot of the principles discussed, here is the need to carefully examine and study the environmental impact of a
particular development project or undertaking. It is only when human beings are aware of the anticipated consequences of
their actions can they make an informed, intelligent, and voluntary decision to proceed, or not to proceed, with a proposed
action. This process of carefully trying to identify the impact of a proposed undertaking is called the Environmental Impact
Assessment (EIA) System. It is the principal tool used in development planning to account for and address the environmental
issues of a proposed project.

The duty to assess the environmental impact is finding local application in the national legal systems of a growing number of
states. Several countries in the world have adopted EIA legislation and have begun implementation. In the Philippines, the
EIA system as a planning tool has been legislated as a regulatory instrument known as the ECC (Environmental Compliance
Certificate). Before any project is implemented, the law requires a study and certification by the DENR that the undertaking is
environmentally sound.

The EIA system is now being applied in the project design systems of donor institutions such as the World Bank, the Asian
Development Bank, the Bank of Japan, and other international development agencies. In the World Bank for example, its
operational directive on Environmental Assessment provides explicitly that environmental consequences should be recognized
in the early stages of a project cycle. The Asian Development Bank (ADB) also has detailed policy guidelines on the
assessment of the environmental impact of their infrastructure projects.

There are three aspects in the duty to assess environmental impact. The EIA must be conducted to scientifically assess the
natural resource requirements and environmental implications of a project. The persons whose resources and environment will
be affected must be notified of the proposed project and informed of its impact. This naturally also includes the duty to give the
affected community an opportunity to express its concerns. Finally, it is not enough that the concerns are given a chance to be
heard. They must also be considered, and where valid, properly addressed.

In the arena of international environmental law, the duty to assess environmental impact plays out at different levels. A clear
example of a global impact study is that being conducted to monitor worldwide trends and data in climate change. The effort,
however, has been largely reactive to emerging global environmental problems.

With an increasing number of countries sharing fresh waterways and with air and wind currents floating across neighboring
States, governments are duty bound to assess the environmental impact of their economic activities, on their neighboring
countries. Failure to properly address this duty has led to the now famous transboundary environmental disputes such as the
Trail Smelter and the Gabcikovo dam cases.

PART II: Strategies Against Crisis

Sub: A paradigm shift and a change in institutional thrust are needed to avert global danger, and an environmental
ombudsman must be tasked with the job of looking out for the Earth

AT no other time in Earths history has it been faced with an ecological crisis of global scale and proportions. Earths air supply
system is changing rapidly. The delicate balance of gases in the air is being interfered with, and for the worse. The 10 hottest
years in all of recorded human history have taken place in the last quarter of the 20
th
century.

The water supply system of the Earth is in even graver danger. The sea and its resident marine lives have been subjected to
extreme abuse. Fishery resources are down by as much as 90%. The problem is a result of too muchtoo much dirt is
being thrown into the sea, and too much fish and aquatic life being taken from it.
3
As for their freshwater, its supply system is
more bleak. Human earthlings seem to have discovered and taken over all the supply of fresh water. They have used it for
their needs as well as their whims, and are wasting it in colossal volumes.
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The land, which makes up only 1/3 of Planet Earth, contains so much life in varying forms, shapes, colors, sizes and
characteristics. Humans have no idea how many species actually exist. What is clear, however, is that these life forms are
becoming extinct at a rate unprecedented in all of Earths history. Recorded evidence indicates that in a matter of 100 years,
human beings have removed as much as 90% of Earths forests. In many places on Earth, the rich soil that once grew
variegated plant life has now been washed away. Worse, many large patches of land are now even heavily contaminated with
salt or toxic chemicals.

Man: Mammal or virus?
Humans now dominate the Earth. This animal seems to have traveled and touched every square inch of the Earths land
surface. When mammals be they elephants, monkeys, horseslive in a certain place, they use only what they need. In
fact, in their natural state, mammals even return their wastes into the soil to enrich it further. In contrast, humans are quite
different. Wherever they go, they use up their entire surroundings and recklessly throw their dirt away.

By some stroke of good fortune, the human walks upright. With his hands freed from the burden of walking or climbing, the
human started to tinker with his surroundings. In time, and with his hands working in close coordination with his brain, he
discovered the use of fire and made tools with which to exploit his environment. Man is the prime suspect in this ongoing crime
of global arson. Because human earthlings have the freedom of will, they can choose either to go on, even as human
historical records show that famine, pestilence, and war are the inevitable consequences when there is intensive competition
for resources. Or, they can collate their collective wisdom and change course.

Selling the idea of change
Man must begin to veer away from extractive economics and move on to regenerative economics. Everything begins with
the mind. Gradually, humans are beginning to understand that they cannot go on recklessly wasting away the resources of
their only home.

In the early part of the 20
th
century, humans hardly talked of the environment. Parts of the natural worldforests, fish, waters,
air and soilwere all labeled as studies on natural resources, viewed simply as something to be converted as soon as
possible into money.

Today, however, the Environment and studies on Environmental Protection are regarded as legitimate subjects of inquiry and
action. In fact, in the highly conservative legal profession, there is such a thing called Environmental Law. Human beings are
finally beginning to recognize the symptoms of ecological malfunction. Between rampaging floods, forest fires, a changing
climate, and the depleted seas, humans are finally beginning to realize that their activities adversely affect the life-systems of
the Earth.

Aside from formal schooling, there is an alternative form of education and of inculcating in people socially desirable values.
This is the called social marketing. Like any marketing campaign, it seeks to sell something. In social marketing, however,
what is being sold is a particular pattern of social conduct. Whereas financial profit is the object of consumer marketing,
desirable behavioral change is the object of social marketing.

As with consumer marketing, the message needs to be conveyed to the broadest base, in the quickest time possible. Humans
have invented sophisticated communication technologies that today have a global reach, and are aptly called mass media. In
undertaking social marketing, the role of mass media, especially broadcast media, cannot be over-emphasized. Unlike any
other medium, broadcast communication has the reach needed to penetrate the human psyche. Moreover, among the many
ways information can be disseminated, the depth of penetration is even better when messages are imparted as stories. With a
good social marketing program, mass media has an indispensable role to play in causing or accelerating change.

To be sure, there are growing signs of media sensitivity to the disturbing ecological trends in the world today. Among the
global television networks that now feature environmental matters as part of their regular programming are two news channels:
the BBC (British Broadcasting Corporation) and CNN (Cable News Network). Two nature channels also dedicate their enti re
program to environmental education. Their contribution to making the beauty of nature and information about Planet Earth
accessible to a mass audience, especially to children, is of immeasurable significance.

The re-engineering of human behavior in raising awareness about the environment involves several aspectssocial, financial,
physical and the game international governance.

Social engineering is forward-looking, and its time frame is measured in decades. It is the end product of a generation or two
of effective social marketing. It entails change in the beliefs deeply rooted in the individual psyche of every man, woman, and
child.

To the extent that it is a good example of correct environmental behavior, consider the city-state of Singapore. No one litters or
vandalizes public walls, and the crime rate is low compared to other cities of the
world. Moreover, it ranks high in the development index of countries in Southeast Asia despite a lack of natural resources.

One may say that it is easy to manage Singapore because it is a small territory. However, government has succeeded in
making its people realize that it is precisely because of its size and limited resources that it is important to take good care of
their small and fragile home.
125

The first task of mass education is to make people realize that similarly, the Earth is very small and that it has very limited
natural resources. Only when humans begin to realize that these resources are fast running out will they finally begin to take
the needed, often painful, action. This will involve having to consume less, and to preserve and restore more.

Creating the political will on a global scale will require a lead institution. Great movements do not come about by spontaneous
combustion but by sustained and guided leadership. The logical place to serve as launching pad for this leadership role is the
United Nations.

The inhabitants of Earth have a common denominator in carrying out their business transactions, and it is called money.
Money is the oil that lubricates the machinery of human society, so it can therefore be used to make people move.

Today, the behavior of governments toward their natural resources is that of a predator. Natural resources are seen mainly as
possessions to be removed as soon as possible and transformed into cash. However, with the social marketing effort at mass
education of the young, a mind-shift can begin to take place in the next 10-20 years or so. By then, world governments will
begin to see the value of their resources and shift their economic direction from extraction to conservation.

Among the immediate benefits of such a planning mode would be the generation of employment. The number of jobs that will
be required for this new economy is almost unlimited. Unemployment then will be a thing of the past. There are so many bald
mountains, parched lands, dirty waters, and degraded seas that need to be restored. In time, in a short period of time in fact, it
will be possible to restore the damaged ecosystems to a productive condition.

With a paradigm shift to conservation and restoration of the environment, and with decreasing aggression around the world,
the relevance of military power will begin to fade. Two options are available: to use available military resources for CPR
activities, and to cut the military budget by half and use the windfall to pump-prime the financial engines of restorative
economics.

In the early 1900s, the US was faced with two economic and ecological threats of crisis proportions. One was the economic
depression where millions of people lost their fortunes and their jobs overnight. The other was the phenomenon of the Dust
Bowl where, because of intensive agriculture, the soil of the Great Plains of the American Midwest turned into dust.

Fortunately, they had a wise and bold leader then. Franklin Delano Roosevelts Civilian Conservation Corps planted trees,
shored up overgrazed banks of streams and rivers, and generally acted as an army to restore agricultural ecosystems. It gave
jobs to three million Americans, created 44 wildlife sanctuaries in America and planted two billion trees on the ground.

Today, greater feats of conservation and restoration are needed, and are possible. Hundreds of millions of people will be
needed to repair the damage done to Earths natural systems on a global scale. Tens of millions of people will be needed to
replant eroded lands, put up marine sanctuaries, open up greenbelts and aquatic parks in urban areas, and generally restore
destroyed ecosystems around the world. Restored ecosystems mean restored productivity.

Global debt
Practically all governments spend more than they earn in deficit spending. Financially-disadvantaged (FD) countries owe
tremendous amounts of money to financially-advantaged (FA) countries. In countries like the Philippines, Argentina, Mexico,
Peru, Zambia and others, the debt service uses up between 30% and 60% of their annual budgets. Zambia, for example,
pays 40% of its budget to debt servicing and only 7% goes to basic social services. The Philippines spends 30% of its budget
for debt service, an amount equal to half of its entire government collections.

Financially-disadvantaged but resource-rich countries view their natural resourcestheir forests, fisheries, and mineral
resourcesas something to be immediately extracted, transformed into cash, and converted into the scarce foreign currency
to pay the debt. For cash-strapped countries, the term foreign exchange earnings has become the chant of every economic
policymaker, the seeming end-all and be-all of national existence.

Both debtor and creditor countries must begin to seriously think about the global debt condition. For their part, debtor
countries need to return to the basics of financial discipline passed on to them by their ancestors: Do not spend more than
what you earn. Debt repudiation has been suggested in the world community. This suggestion is neither morally nor
economically correct; debts incurred must be paid as a matter of contract and a question of honor. However, nowhere does it
say that the payment terms and conditions cannot be re-negotiated and restructured to more favorable terms

What if one day, five of the largest debtor countries in the world got together in a room and decided to stop borrowing money,
restructure their outstanding foreign loans, commit the money freed up from the payment of interest and restructured principal
payments to pursue CPR projects of the countrys natural capital, and agree that the fruits of the restored natural
capital be used to pay for the principal owed to the creditor?

In the financial and economic arena, the above proposals are blasphemy of the first order. Without the power to foreclose the
territory of a country, the creditor is not left with many options. However, it is within its power and its duty to recover the
principal amount loaned and ensure that the money freed up from foregone interest and restructured principal payments will
be used well and wisely for CPR economics.

126
To ensure that the funds are used for the stated purpose, the creditor countries may, for example, form an international
monitoring team under the supervision of the United Nations. In case of diversion of funds by the debtor country, the loan
could be declared in default, with the full payment becoming due and demandable.

Innovative financial initiatives on the global debt have been carried out along similar lines. One of these is called the debt-for-
nature swap. In the international financial markets, the promissory notes (or IOUs) of countries are bought and sold on a dai ly
basis in the financial market.

Like any commodity in the market, it has a price. The price of the IOU is affected by the certainty,
or uncertainty, of payment of the loan by the debtor. So, an IOU of Country X, for example (a third world country) in
Southeast Asia may carry a discount of up to 80%. Put differently, if one were to go out into the international financial market
today and buy a bond of Country X, one would only have to pay only the amount of 20% of the bonds face value. Thus, a
bond of country X with a face value of $1 million dollars payable in the year 2020 may be bought today for only $200,000. In
the market place of finance this is considered a fair deal.

Now, what if a buyer wants to help Country X put up marine sanctuaries? He puts up $200,000 and proceeds to buy the $1
million bond of Country X. With the bond in hand, he goes to the Ministry of Environment of Country X and says, Mr. Minister,
I have just inherited some money from my rich father. I happen to be a passionate environmentalist. I al so scuba dive and
have seen how rich and beautiful are the seas of Country X.

I have in my possession an IOU of your government where it is obliged to pay $1 million in the year 2020. Instead of
collecting the entire $1 million from your government in the year 2020, I will collect only half of the half the amount, today. Of
the remaining $500,000 you owe me, you can pay $250,000 in the year 2020. However, you will devote the amount equivalent
to $250,000 within the next five years to put up marine sanctuaries in your country.

This has actually been done before. As David Malin Roodman reports in Ending the Debt Crisis in State of the World 2001:

In August of 1987, a US group called Conservation International (CI) bought from international commercial banks promissory
notes of the country of Bolivia with a face value of $650,000. Because the banks viewed the Bolivian promissory notes as
practically worthless, the banks agreed to a sale price of only $100,000 (a discount of about 85%). CI then turned around and
informed Bolivia that $400,000 of its debt would be cancelled. The balance of $250,000 was then donated by CI to Bolivia to
be used to protect the 15,000 sq km Beni Biosphere Reserve.

In effect, Bolivia was able to pay for its foreign loan by protecting the countrys forests. Instead of exporting trees to pay for
the foreign debt, Bolivia exported the ecological services of its forests.

Soon other environmental groups joined in, making deals with Costa Rica, Madagascar and the Philippines. To date, donors
have retired some $7 billion in debt and freed up more than $1 billion dollars in environmental projects. In the same vein,
UNICEF has bought or received donations with a face value of $200 million which it used to finance debt-for-development
projects ranging from providing clean water in Sudan to helping street children in Jamaica.

All of a sudden, the idea of debt-restructuring for CPR projects does not seem so blasphemous after all. The example of debt-
for-nature-swaps proves what creative financial thinking can achieve if the will to do it is there.

Institutional reengineering
Earthlings are beginning to realize that their Earth is a single ecosystem made up of a delicate mantle of soil, air, and water
that knows no political boundaries. In the eyes of nature, human politics is, to use the language of the courtroom, immateri al
and irrelevant. Furthermore, if it is accepted that Earth is a single living being, it must be treated as such

The end of the 20
th
century gave birth to the concept of globalization in international transactions. In international relations,
globalization means the unrestricted flow of consumer products around the world. It requires the liberalization of trade
between countries in ways that drive the latter to produce more and more material goods. Fortunately, humans are now
beginning to realize that the drive to produce more requires extractive economics. This paradigm is, by definition, incapable of
continued growth. Extractive economics however is not self-sustaining and is, in fact, a contradiction of terms.

Globalization may be quite convenient to help facilitate international cooperation for ecological goals. Some global structures
and institutions, for example, have achieved a degree of sophistication that it can be used as a model of sorts for internati onal
cooperation. An example is the World Trade Organization (WTO) which was established in the closing decade of the 20
th

century. It is the closest thing to an institution that seeks to govern international trade relations through the rule of law.

The final text of the WTO Agreement, also referred to as the Uruguay Round, contains a massive 26,000 pages of rules
governing international trade relations. In contrast, Agenda 21, the most extensive statement of non-binding principles of
environmental conduct among nations, contains only of 273 pages. The WTO also has the most sophisticated enforcement
and dispute resolution machinery. In the city of Geneva sits the Appellate Body of the WTO, which resolves trade disputes
arising between nation-states.

If the Earth has to be managed as a whole, it requires full-time management by an institution with enough powers to make a
difference. As it is today, the only global agency that has the mandate for environmental management is the severely under-
funded UN Environment Programme (UNEP). It is an institution with a noble mission. However, a mandate without the
commensurate power and resources leads to anemic results.
127

The idea of a World Environment Organization has been floated. The concept is to pattern the institution after the WTO, with
equal powers. Mainstream thinkers have been quick to dismiss it as an ill-conceived proposal of radical environmental
activists. The fact of the matter, however, is that the idea has been proposed by the very organization tasked with facilitating
global trade, the WTO itself.

In a high-level symposium convened in 1999 to examine the impact of global trade on the environment, it was the WTO
Director General who spoke of the need to create an institutional and legal counterpart of the WTO to deal with environmental
protection. Even the conservative Washington Post argued in its editorial nine months later that: Trade these days is so
entwined with social issues the health of the WTO may turn out to require something like a world environment organization.

The actual configuration of the proposed World Environment Organization will have to be thought through by ingenious
humans. What must be emphasized is that there should be a vehicle for global ecological governance. It must be endowed
with enough legal power and financial resources to correct the present treatment of the Earth by humans.

The first thing that needs to be re-oriented in the legal arena is the way law is understood. The conventional understanding of
the law is that it is a system designed to coerce human behavior towards a particular direction. However, law is also a system
to facilitate human behavior towards a particular direction. The present system of the law, as practiced by human beings, does
not seem to be working well. Many of the countries on planet Earth have very many laws. In the area of international
environmental law, there are now more than 300 agreements for the care of the Earth and its life-systems.

If humans complied
with even half of these international laws, they would not be in the ecological rut they have find themselves in today.

Enforcement comes in many forms. The common form of enforcement is reactive in that it is set in motion only after there is a
violation. Since the Earth cannot suffer any more damage than it already has, reactive enforcement must be avoided as much
as possible. A greater effort at proactive enforcement is therefore necessary. The proposed world environment organization
can, for example, conduct an annual survey of the state of the Earth. The output of the survey would be a compliance matrix.
The left column of the table would contain the international standards of environmental behavior that a country has committed
to; the right column would reflect the status of compliance.

Governments are sensitive to publicity. Mere public knowledge of continuing environmental violations will awaken those
concerned, ordinary men and women, to the unacceptable state of things. When they have been sensitized enough, they will
demand change from their governments, and also begin to change their own behavior. If the information on the state of the
Earth within its territory is made public, such as when done through global news networks, a reaction from the government is
to be expected.

The mechanisms for this are already in place. Once again, harnessing the power of mass media is a strong option. The BBC,
CNN, and other news organizations now have a global reach. Most of the scientific information is available in databases of
NGOs and governmental institutions, e.g., World Conservation Union (IUCN), World Resources Institute (WRI), Worldwatch
Institute, World Wildlife Fund (WWF), UNEP, WHO and others.

Using the Environmental Compliance Matrix, governments will have the chance to correct their environmental behavior.
These governments may be given, say, 730 days to begin to reverse the trend of destruction or neglect of their ecosystems.
At the end of the period, if a government has not done anything substantial, the infraction, violation, or official neglect may then
be broadcast in global news networks. Loss of face is an effective form of behavioral modification.

An environmental watchdog
Another idea is that of an Environmental Ombudsman. An ordinary ombudsman is a public official to whom an aggrieved
citizen whose rights have been infringed by the government may report to and appeal for help. The Ombudsman is
empowered by law to investigate the complaint and help redress the wrong.

Thus, where human rights are violated, society
has an appointed spokesperson to speak and act on its behalf.

If there is any single reason to justify the idea of an Environmental Ombudsman, it is that nature requires a spokesperson. She
needs someone to speak for her, to act for her, and in the event her laws are broken, to vindicate her.

In the case of the Earths environmental problems, while there is so much to be done, there is no single international authority
that has the resources to take on the leadership role. UNEP is essentially a coordinating body, and has struggled to maintain
its annual budget of a scant $100 million.

The following are some possible functions of an Environmental Ombudsman. As a marketing manager, the Ombudsman must
design and implement a socio-legal marketing program taking into account the Five Ps in the art of marketing: people,
product, place, price and promotions. He or she must also implement the strategy in cooperation with country representatives.

As a surveyor, the Ombudsman must conduct a periodic survey of the state of the Earth in various countries, using existing
databases of government and non-government institutions. He or she must also disseminate the survey report to countries
concerned.

As financial engineer, the Ombudsman must find, leverage, and mobilize human and financial resources. As socio-economic
engineer, he or she must veer away behavior from extractive economics to restorative economics (ecological economics) and
128
identify areas for countries to undertake CPR projects.

As diplomat, the Ombudsman must conduct diplomatic missions to dialogue with presidents, prime ministers, rulers, and key
leaders of countries to inform them of the state of their respective patch of the Earth. He or she must offer technical and
financial assistance to governments for socio-legal marketing campaigns and on-the-ground CPR projects, but must be able to
very gently say or else

The concept of the legal strike force is like that of international a crack team of enforcement operatives. It is an environmental
special forces of world-class technical and legal professionals also can be deployed any time to conduct a legal fact-finding
mission or, when necessary, to initiate legal action against recalcitrant countries or use meta-legal, extra-legal, and ultra-legal
means of pressure.

For example, photographic and testimonial evidence reveal that country X allows illegal fishing practices to continue in its
territorial waters. Despite offers of technical and financial assistance, country X persists in its behavior. Some of the remedies
available to the Environmental Ombudsman would be to lodge a complaint before the U. N. General Assembly, to initiate a
case before the International Tribunal for the Law of the Sea or other legal/ quasi-legal tribunals, and to explore creative
ultra-legal sanctions. For example, the market of the countrys fish exports could be identified and persuaded to launch an
embargo.

Because money is the oil that lubricates the machinery of human society, the Office of the Environmental Ombudsman
needs to ensure that it has enough of it to get things done. Moreover, it must be from a reliable and independent source, i.e.,
devoid of vested interests. In a world where money is accepted as a consideration for taking action, he who has it can make
things happen.

The total monetary wealth of the 7.1 million millionaires in the world amounts to 26 trillion dollars.

What if one thousand of them
got together and decided to put up one hundred billion dollars? They decide that the amount will be used to put up an
endowment fund. As an endowment, the amount of $100 billion will be placed in a trust fund to be kept forever intact.

Under the terms of the trust, only the interest income of this amount will be used to fund the establishment of a World
Environment Organization and the Environmental Ombudsman. The office will thus have a sustained and reliable source of
funding. At a conservative earnings rate of 5% per year, the income of this endowment fund will translate to about $5 billion
dollars per annum. This amount is much more than the annual budget of many of the countries in the world, and 50 times
more than the present budget of UNEP. Of course, the UNEP itself may be reinvigorated with this working capital infusion. In
fact, the World Environment Organization may well be under the umbrella of the UNEP and the United Nations.

Is this magnanimity of spirit of rich human beings unthinkable? In the 1990s, a very rich man who had the vision to create a
global broadcasting network struck upon an idea. One day Ted Turner decided to donate $1 billion to the United Nations. What
made this act most meaningful is not only the size of the amount bequeathed, but the boldness and bravado that sent a
message to ripple around the world: Generosity, after all, is possible.

With the growing environmental awareness today, disputes between countries on shared natural resources will increase. A
dispute resolution system is a necessary component of the idea of a world environment organization. There must be an
avenue whereby countries quarreling over natural resources can ventilate their grievances and resolve their differences. In
civilized society, this is done with use of the thinking tool called the rule of law.

Today, the International Court of Justice has, in fact, a chamber for environmental controversies. It does not have a single
case in its docket. Perhaps it is time to activate this chamber.

In the next five years is the final window of opportunity for humans to reverse the trend of global arson. If their recklessness
persists, we can safely conclude that they do not care about their Earth after all.

Laws of Nature and Man's Impact on Earth

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