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FORMATION of so-called green courts that will try
environmental crimes finally started rolling Monday with
a capacity-building seminar and workshop on
environmental procedures, which was jointly organized by
the Environment department and the Supreme Court.
The
five-day event is being attended by various
stakeholders, including lawyers of the Department of
Environment and Natural Resources (DENR), who will take
active part in the litigation of cases involving
violations of environmental laws.
A
seminar on alternative-dispute resolution involving
environmental laws will also explore the applicability
of that concept in resolving cases.
The DENR
lawyers, in addition, will get a refresher course on the
mining law, particularly Republic Act 7942, or the
Philippine Mining Act; RA 7076, or the People’s
Small-Scale Mining Act of 1991; and Presidential Decree
1899, or the small-scale mining law, among others
involving the legal underpinnings of the effort against
environmental degradation.
A total
of 117 “green courts” will be established. Environment
Secretary Lito Atienza expects violators and would-be
violators of environmental laws, particularly RA 9275,
or the Philippine Clean Water Act of 2004, to now face
the prospect of swift prosecution in “green courts.”
Atienza,
who was guest speaker, said their priority in the effort
to stop violators are those businesses and individuals
who are for profit or are habitually degrading bodies of
water.
He named
some of them as owners of fishpens and fish cages and
other illegal structures in lakes and seashores.
He said
he was encouraged by the “green courts” because although
there are many incidents of environmental violations,
only a few reach the courts and very few result in
convictions. He sees the green courts as speedily
resolving these cases.
But, he
warned, the green courts will only be effective if the
government prosecution panels have an in-depth knowledge
of environmental laws, its aspects and procedures. “We
should have an in-depth knowledge of laws and programs
of the government for the benefit of all people,
especially the poor, and being equipped with a legal
arsenal is the start of working effectively as
environmental protectors.”
He cited
one instance when deep and broad knowledge of the law
would prove highly effective—on claims and questions of
ancestral-domain claims because the Indigenous Peoples’
Right Act “could be abused by some to serve their own
purposes.”
Retired
Associate Justice Ameurfina Melencio-Herrera, who also
spoke at the opening rites, said “conviction” is a
strong deterrent to future offenses.
She said
that in order to derive “a full understanding and
appreciation of the philosophy of environmental
protection and conservation, the environmental lawyers
must not only be aware of environmental laws but must
also be adept in subjects such as provisional and other
remedies on environmental cases, investigation and
discovery and handling of theses cases, and the
philosophy of environmentalism and ecology.”
Herrera
also suggested that the court look into the possibility
of alternative dispute resolution and mechanism for
easier and faster disposition of environmental disputes.
It was
Atienza, anticipating a more intense courtroom action
for lawyers of the DENR with the creation of 117 “green
courts,” who asked the justice department to deputize
the DENR lawyers so they can take active part in the
litigation of environmental cases.
Existing
statute allows only Justice department state prosecutors
to represent the State in such litigations, but other
lawyers can also stand as prosecutors for the State if
they are deputized by the DOJ as special counsels.
The DENR
has a total of 325 attorney positions, 115 of which are
in the central offices and its bureaus (53, DENR proper;
36, Mines and Geosciences Bureau; 18, Land Management
Bureau; 8, Environmental Management Bureau, and 1,
Forest Management Bureau) while the rest are assigned to
its different regional offices. |
