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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
April 22nd of every year is declared as “Philippines’ Earth Day” by virtue of Proclamation No. 1481, series of 2008.
To raise the level of awareness on the gravity of environmental degradation and destruction in the country that threatens the quality of life of many Filipinos, Proclamation No. 1481, series of 2008 was issued declaring April 22nd of every year as “Philippines’ Earth Day”.
The Proclamation seeks to mobilize all sectors of the society to ensure the success of the measures directed towards the improvement and conservation of the environment.
The law says:
“NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby declare April 22 of every year as the “Philippines’ Earth Day.”
The concerned agencies aforementioned are hereby enjoined to conduct environmental activities in partnership with the private sectors for the month of April of this year and every year hereafter.
The agencies and private sectors shall provide listings of their environmental activities to the DENR, which shall make a nationwide list of environmental activities that would engender cooperative endeavors with interested parties.” (Proclamation No. 1481, 2008)
The 1987 Constitution provides that 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. (Section 16, Article II, 1987 Constitution). In line with this, the Rules of Procedure for Environmental Cases (Supreme Court Administrative Matter No. 09-6-8-SC) provides for the remedy of a Strategic Lawsuit against Public Participation (SLAPP).
Strategic Lawsuit Against Public Participation
Strategic lawsuit against public participation (SLAPP) refers to an action whether civil, criminal or administrative, brought against any person, institution or any government agency or local government unit or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any legal recourse that such person, institution or government agency has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights. (Section 4(g), Rule 1, Part I, A.M. No. 09-6-8-SC)
In a SLAPP filed against a person involved in the enforcement of environmental laws, protection of the environment, or assertion of environmental rights, the defendant may file an answer interposing as a defense that the case is a SLAPP and shall be supported by documents, affidavits, papers and other evidence; and, by way of counterclaim, pray for damages, attorney’s fees and costs of suit. (Section 2, Rule 6, Part II, A.M. No. 09-6-8-SC)
A SLAPP generally refers to claim suits filed against private individuals as a retaliation to the latter’s recourse to the government on an issue of public concern. SLAPP actions do not forward any genuine cognizable interest but are only used to oppose and to suppress the defendants’ political activities. The defense of SLAPP is adopted in our jurisprudence to give ample protection to parties advocating environmental protection.
In the case of FCF Minerals Corporation v. Joseph Lunag, et al. (G.R. No. 209440, February 15, 2021), the Supreme Court ruled that the remedy of SLAPP under the Rules of Procedure for Environmental Cases cannot be indiscriminately invoked by any defendant in an environmental case. It may only be invoked by individuals who became target of litigation due to their environmental advocacy. It is not a remedy of powerful corporations to stifle the actions of ordinary citizens who seek to make them accountable. More so, it is not a tool given to large concessionaires who have obligations and responsibilities under the law.
Read also: Sustainable Development Goals in the Philippines
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