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The Launching of Green Courts

Haribon Foundation extends its sincerest gratitude to Supreme Court Justice Reynato S. Puno for the designation of 117 environmental courts (SC AO # 23-2008) in the country on January 28, 2008.

Chief Justice Puno was honored with a plaque of appreciation from a multi-sectoral body led by the Philippine Judicial Academy (PHILJA), Haribon Foundation, United Nations Development Programme The Global Environment Facility Small Grants Programme (UNDP GEF SGP), and Asian Environmental Compliance and Enforcement Network (AECEN) during the

held at the Justices Lounge of the Supreme Court on 29 January 2008.

In his acceptance speech, Hon. Chief Justice Puno said: “The Philippines’ constitutional infrastructure is not enough to address the environmental concerns that plague the country. On our part, we have to prepare our courts to handle environmental cases. I note for instance the problems of delay in the adjudication of these cases. To illustrate, as of December 2006, there were 2,353 environmental cases pending in the courts. By October 2007, this number ballooned to 3,102.”

Moreover, he stated: “It was to address this problem of delay that the Supreme Court resolved to designate 117 environmental courts. Delay is aggravated by the lack of full understanding and appreciation of the philosophy behind environmental protection and conservation. The traditional lenses through which the judicial eye interprets legal provisions and applies them to facts have become inadequate. It must be readjusted in order to be able to take into account such concepts like environmental economics and sustainable development.”

Welcoming the participants to the RTD was Justice Ameurfina A. Melencio-Herrera, the Chancellor of PHILJA who shared, “it is now time to develop a road map for capacity building of judges sitting in the designated courts, as well as Appellate Court Justices, to sustain the gains and momentum generated by the Court’s initiative.”

Haribon Foundation’s Executive Director Anabelle E. Plantilla added that, “the need for a special court for the environment was a clamor by small fisherfolks as early as 2001. As fish wardens managing marine protected areas, they complained that their efforts in enforcement seemed futile amidst the judges’ unfamiliarity on environmental laws. This initiative is a welcome respite for many, especially in the marine and forestry sectors, working to halt illegal activities in our dwindling fragile environment.”

The Green Benches is a project undertaken with PHILJA with support from the UNDP GEF SGP as early as 2005. It started with the training of judges from selected parts of the country on environmental laws, and continued with the publication and distribution of a handbook of environmental laws and cases called Green to judges nationwide, as well as the conduct of RTDs for judges including other sectors, and lately the disaggregation of data on environmental cases pending in courts.

Plantilla further asserted that, “the data gathered and analyzed with assistance from the Office of the Court Administrator and AECEN has crucially led to the designation of the environmental courts.”

Haribon will continue to work with PHILJA, alternative law groups, government agencies and communities to design and implement a road map that will eventually provide for equitable dispensation of environmental justice in the country.

The designation of environmental courts is just one of the many steps in helping affected communities that have suffered adverse conditions resulting from environmental law violations. Currently, some judges may not be ready to try cases that involve technical procedures or terms, lack of awareness on existing environmental laws, or fail to realize that a speedy trial is crucial given that a number of environmental cases concern survival of species. With these scenarios in mind, there are succeeding steps that need to be undertaken to strengthen the courts and make them effective, foremost of which, is the capability training for judges handling the environmental courts.

Another step would be the greening not only of the benches but also the other pillars of justice. Namely the prosecution, enforcement, community, and penology. A multi-sectoral framework would be critical because no environmental court will function fairly if one pillar is prejudice against the other. The other pillars would also necessitate awareness trainings to fully understand the requirements of environmental justice.

Having good laws and courts do not guarantee equal rights to justice. Enforcers may not be willing to make arrests, prosecution may unjustly dismiss cases, communities may not be able to afford legal fees and the penal system may fail to reform violators. The judiciary and all the other pillars must work together towards the success of the environmental courts.

Lastly, a database of all environment-related cases must be established and easily accessed by the public. This will provide for an operational monitoring of the effectiveness of the designated 117 environmental courts in the country.