Writ of kalikasan is a legal remedy under Philippine law; it is also proudly Philippine-made unlike the writ of habeas corpus and the writ of amparo, which originated in Europe and have roots in both European and Latin American law.
The decree protects one’s right to a healthy environment, as provided in Section 16, Article II of the 1987 Philippine Constitution, which states, “[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.” This is a contrast to the writs of habeas corpus and amparo, which protect the constitutional rights of an individual.
There are many examples of court cases decided based on the writ of kalikasan, including an October 2016 case where the Cebu City government was found in violation of environmental laws after reopening a landfill in the city’s Barangay Inayawan and not complying with sanitation requirements.
In another case, the Supreme Court determined environmental compliance certificates (ECCs) are subject to inquiry since the writ of kalikasan is predicated on the actual or potential violation of the constitutional right to balanced and healthful ecology, particularly when environmental damage reaches a magnitude that transcends political and territorial boundaries.
Laws protecting the environment must be strictly implemented regardless of who gets hurt.
The Department of Environment and Natural Resources has a mandate to regulate ECC issuance and it’s about time the public becomes vigilant when it comes to environmental protection – the future of the next generation is at stake here.
I remember the prophetic songs of the eighties by popular group ASIN that talked about the need to protect our environment – it’s happening now. Some of our rivers are gone and kids never had the opportunity to appreciate them; we must act now before it’s too late./WDJ