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GREEN COURT IN THE ISLANDS

GREEN COURT IN THE ISLANDS. Facts about the Philippines. Archipelago of 7,107 islands Luzon, Visayas, Mindanao Total population in 2007 was 88.57 million. Bantayan Group of Islands, Petitioner. Northwestern portion of Cebu in the Visayas Declared as a protected area

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GREEN COURT IN THE ISLANDS

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  1. GREEN COURT IN THE ISLANDS

  2. Facts about the Philippines Archipelago of 7,107 islands Luzon, Visayas, Mindanao Total population in 2007 was 88.57 million

  3. Bantayan Group of Islands, Petitioner Northwestern portion of Cebu in the Visayas Declared as a protected area Joined by residents, taxpayers and citizens with an enforceable “right to a healthful and balanced ecology for the protection of the natural and national patrimony”.

  4. Department of Environment and Natural Resources and Officers, Respondents Patrimonial malpractice Failure to enforce the National Integrated Protected Areas System Act of 1992 (NIPAS Law), the Water Code (PD 1067) and laws that delineate the recreation and salvage zone. Failure to promulgate a Management Plan

  5. Application for temporary restraining order • To prohibit the Department of Environment and Natural Resources from issuing Environmental Compliance Certificates • Denied • “Causal relation between the damage to plaintiff and the acts of complained of requires a hearing on the merits” • Ocular inspection was considered

  6. The ocular inspection on May 18, 2009 • Santa Fe, Bantayan Island • List of Individuals/Companies With Structures Within the Easement Zone • Pictures of the inspected sites, which were beach resorts to capture the conditions outside the establishments vis-à-vis the seashore

  7. PD 1067 - The Water Code of the Philippines “The banks of rivers and streams and the shores . . . throughout their entire length and within a zone of 3 meters in urban areas, 20 meters in agricultural areas and 40 meters in forest areas, along their margins subject to the easement of public use . . . of recreation, navigation, floatage, fishing and salvage.”

  8. Writ of preliminary mandatory injunction was granted. • No Rules of Procedure for Environmental Cases yet. • Public respondents enjoined from processing and approving applications for Environmental Compliance Certificates to constructions and projects in Bantayan Island.

  9. Partial judgment with pictures • To clear the 20-meter margin of the seashores in the beach resorts within 60 days • To conduct inspection sites of the shores around the Island • To document structures or constructions that violate the 20-meter easement zone • To submit the pertinent Report

  10. Intervention was denied. • No legal interest • Issue on whether the environmental laws in Bantayan Island have been enforced, a matter addressed only to public respondents. • Ruling in MMDA, et. al. vs. Concerned Residents of Manila Bay, et. al., G.R. 171947, December 18, 2008

  11. Order became final. • Department of Environment and Natural Resources did not question the order • Readiness to fulfill responsibility • Writ of execution was issued

  12. THANK YOU FOR YOUR ATTENTION JUDGE MARILYN LAGURA-YAP Regional Trial Court Branch 28, Mandaue City Philippines judgeyap@yahoo.com

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