angelic moo

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...

In two pervious works I went against conventional analyses of Oposa v. Factoran , a decision of the Philippine Supreme Court that supposedly recognized standing to sue in behalf of future generations to protect the environment. The first piece posited that Oposa is essentially misunderstood in that everything the Court said about standing to sue is merely obiter dictum , and not binding on any court. In fact, the Court merely remanded the case to the trial court saying that the petitioners in that case had a cause of action and that the trial court should not have dismissed the case in the first place. The lawyers did not pursue the case, however. The second piece showed that the rest of the Supreme Court’s decisions affecting the environment are in fact hostile to the environment revealing that the Court’s reputation for environmental activism is undeserved. Oposa raised a question that lingered for years: Is it possible to invoke the Supreme Court’s jurisdiction directly, based sole...