2nd Roundtable Discussion of ASEAN
Chief Justices on Environment 2012
Ayer Keroh, Melaka, Malaysia
December 7-9, 2012
SESSION 6: Common
Challenges for ASEAN Justices:
Key Legal Issue # 1: The Issue of
Locus Standi in Environmental
Cases
Presentor:
SUPREME COURT OF THE
PHILIPPINES
The 1987 Constitution of the Republic of
the Philippines
Article II
Declaration of Principles and State Policies
Sec. 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology.
Oposa, et al. v. Factoran, Jr., et al.
(G.R. No. 10108, 30 July 1993)
“Such a right (under Sec. 16, Art. II, 1987 Constitution)
belongs to a different category of rights altogether for it
concerns nothing less than self-preservation and selfperpetuation – aptly and fittingly stressed by petitioners – the
advancement of which may even be said to predate all
governments. As a matter of fact, these basic rights need not
even be written in the Constitution for they are assumed to exist
from the inception of humankind.”
Rulings on Locus Standi
in ordinary cases
Chavez v. Judicial and Bar Council, et al. (G.R. No. 202242,
17 July 2012)
United Church of Christ of the Phils. v. Bradford United
Church of Christ, Inc., et al. (G.R. No. 171905, 20 June 2012)
Bayan Muna, et al. v. Romulo, et al. (G.R. No. 159618,
01 February 2011)
Rulings on Locus Standi
in environmental cases
Oposa, et al. v. Factoran, Jr., et al. (G.R. No. 10108, 30 July 1993)
MMDA, et al. v. Concerned Residents of Manila Bay, et al. (G.R.
Nos. 171947-48, 18 December 2008)
Boracay Foundation, Inc. v. The Province of Aklan, et al. (G.R.
No. 196870, 26 June 2012)
Resident Marine Mammals of the Protected Seascape Tanon
Strait, et al. v. Secretary Angelo Reyes, et al. (G.R. No. 180771, 24 April
2012)
Designation of Special Courts
to hear, try and decide
environmental cases
Administrative Order No. 23-2008 dated 28 January
2008
• 117 first and second level courts designated special courts for
environmental cases
• All single sala first and second level courts are considered
special courts for environmental cases
Rules of Procedure for
Environmental Cases
Administrative Matter No. 09-6-8-SC dated 13 April
2010
Who may file cases:
• Civil Cases – (a) any real party in interest, including the
government and juridical entities authorized by law, may file a
civil action involving the enforcement or violation of any
environmental law; and (b) any Filipino citizen in
representation of others, including minors or generations yet
unborn, may file an action to enforce rights or obligations
under environmental laws
Continuation of Administrative Matter No. 09-6-8-
SC dated 13 April 2010
Who may file cases:
• Criminal Cases – any offended party, peace officer or any
public officer charged with the enforcement of an
environmental law may file a complaint before the proper
officer in accordance with the Rules of Court
Concluding Remarks
Thus, we end with the proposition that locus standi in Environmental
Cases in the Philippines is tilted in favor of advocates and legitimate parties
for the preservation of our environment and of Mother Earth.
Thank you and best wishes to
everyone.