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Alternative to Oposa

I do not mean to suggest that the Philippine Supreme Court has abandoned the environment. Sometimes the solutions to our problems need not be remedies that straddle generations or excite international attention. There is still one alternative that the Supreme Court has preserved: local governments. Local governments in the Philippines are not all allies of the environment. Too many local officials equate economic development with large-scale resource extraction activities such as mining and logging. But when cases reach the Supreme Court, the Court has been remarkably supportive of local governments and community efforts to protect the environment. Two decisions of the Court come to mind. The first is Tano v Socrates (G.R. No. 110249, August 21, 1997). In that case the Supreme Court upheld the power of the local governments to enact laws to protect the environment pursuant to the general welfare clause of the Local Government Code of 1991. The Court pointed out that the Code seeks “to...
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Mining bill is an assault on local autonomy

House Bill No. 5367, filed recently by Marikina Representative Romero Quimbo, is a draft measure to enact the “Philippine Fiscal Regime and Revenue Sharing Arrangement for Large-scale Metallic Mining Act of 2014.” The proponents of the bill are presenting it as a measure to rationalize the existing sharing schemes on mining revenues. A closer review of the bill reveals, however, that it is poised to impose the greatest setback to local government autonomy since Ferdinand Marcos concentrated power under his martial law regime. The bill is designed to bypass local governments and allow the national government to exploit resources unimpeded. The bill will cut local governments’ powers to regulate the effects of mining and reduce their financial bases. It promises a quick financial payoff at the expense of local government autonomy and community rights. There are many reasons to be wary of this bill and the most insidious provisions are sections 5, 6 and 7. Section 5 of the bill provi...
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Local government avalanche is Congress' fault

A recent Newsbreak report, GMA Creating Too Many LGUs , by Miriam Grace Go (August 22, 2007), unfairly blames President Gloria Macapagal-Arroyo for the increase in the number of local government units in the Philippines. This increase, particularly in the case of cities has been going on ever since the Local Government Code of 1991 took effect. It is encouraged by two features of the Code: (a) the formula for the distribution of the internal revenue allotment that favors cities, and (b) the relative ease in making cities. Politicians determined to increase the financial resources of their governments have been campaigning to upgrade into cities ever since they discovered these weaknesses in the Code. In 1986, there were 73 provinces, 60 cities, and 1,530 municipalities in the country. Just before the Estrada administration collapsed, there were already 110 cities. On March 5, 2001, less than two months into office, President Arroyo signed 14 bills on the conversion of municipalities i...
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