ACCESS TO ENVIRONMENTAL JUSTICE: A CAPACITY ASSESSMENT ON THE PILLARS OF THE JUSTICE SYSTEM i TABLE OF CONTENTS PROFILE OF THE RESEARCH TEAM MEMBERS iii PART I: INTRODUCTION TO THE ASSESSMENT REPORT 1-15 A. The Project, Its Objectives and Methodology 1 Methodology of Report 1 B. The Environment and the Courts 6 The Role of the Courts in Environmental Protection 7 The Greening of the Philippine Court System 9 C. Philippine Constitutional Policy and Framework on Environmental Protection 10 D. The Concept of Environmental Justice, Access to Justice, and Public Participation 12 PART II: STATE OF THE PHILIPPINE ENVIRONMENT 16-24 A. The Problems Facing the Philippine Environment 17 Flora and Fauna 17 Land and Mineral Resources 19 Water and Marine Resources 21 Air and Atmosphere 23 PART III: THE FIVE PILLARS OF THE JUSTICE SYSTEM 25-76 A. Overview of the Five Pillars 25 B. The Five Pillars and Environmental Justice 26 1. The Law Enforcement Agencies 26 The Department of Environment and Natural Resources 29 The Bureau of Fisheries and Aquatic Resources 37 The Philippine National Police–Maritime Group 42 The Philippine Coast Guard 46 The National Bureau of Investigation– 48 Environment and Wildlife Protection and Investigation Division The Armed Forces of the Philippines 53 2. The Prosecution Service 55 3. The Philippine Court System 57 4. Corrections 64 The Bureau of Jail Management and Penology 64 5. The Community 65 Citizens and the NGOs 65 Private Enterprise 73 Local Government Units 74 ii TABLE OF CONTENTS PART IV: VULNERABLE GROUPS 77-92 A. Who are the Vulnerable Groups? 77 B. An Assessment of the Groups 77 1. Indigenous Peoples and Indigenous Cultural Communities 77 2. Farmers and Fisherfolk 81 3. Informal Settlers and Impoverished Communities 85 4. Women and Children 88 PART V: THE PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT SYSTEM 93-106 A. Environmental Impact Assessments 93 B. History and Overview of the PEISS 95 C. An Assessment of the Philippine EIS System 102 D. Recommendations 104 PART VI: ANALYSIS AND RECOMMENDATIONS 107-128 A. The Analytical Tool: SWOT Analysis 107 B. Analysis of the Five Pillars 108 The Law Enforcement Agencies 110 The Prosecution Service 113 The Philippine Court System 115 Corrections 118 The Community 119 C. Recommendations 121 D. The Way Forward for the Environment 128 BIBLIOGRAPHY 129-136 ANNEX A: PARTICIPANTS OF THE ASSESSMENT REPORT 137-139 ACCESS TO ENVIRONMENTAL JUSTICE: A CAPACITY ASSESSMENT ON THE PILLARS OF THE JUSTICE SYSTEM iii PROFILE OF THE RESEARCH TEAM MEMBERS Joan Michelle M. Legaspi obtained her juris doctor degree from the Ateneo Law School in 2008 and passed the Philippine Bar Examinations in 2009. She obtained her undergraduate degree in European Studies, International Relations Track, Minor in History and French from the Ateneo de Manila University. A member of the Ateneo Society of International Law, she actively participated in the 2007 International Environmental Moot Court Competition hosted by the Stetson University College of Law both as a speaker and team captain. She eventually became one of the coaches of the Ateneo-Philippine delegation for the same competition in 2010 and 2011. She was a research assistant to the book project on “Indigenous Peoples and the Law: A Commentary on the Indigenous Peoples Rights Act of 1997 (2008)” co-authored by Atty. Sedfrey M. Candelaria, Atty. Aris L. Gulapa and Atty. Angelica M. Benedicto. Gregorio Rafael P. Bueta obtained his juris doctor degree from the Ateneo Law School in 2010 and passed the Philippine Bar Examinations in 2011. He obtained his undergraduate degree in Political Science from the Ateneo de Manila University. He is a member of the Ateneo Human Rights Center and the Legal Network for Truthful Elections, where he was actively involved in during his law school years. He currently works as a Technical Assistant in the Office of the Executive Secretary. Tanya Justine R. Baldovino is a member of the Ateneo Law School class of 2012. She graduated cum laude at the University of Sto. Tomas with a degree in Legal Management. She was a former writer of the Varistarian, the university paper. She is currently the associate editor of the Palladium, the student publication of the said law school. Maria Cristina T. Mundin is a member of the Ateneo Law School class of 2012. She obtained her undergraduate degree in Management and Information Systems, minor in English Literature, from the Ateneo de Manila University. She is currently an editor of the Ateneo Law Journal. Marychelle T. Mendoza is a member of the Ateneo Law School class of 2012. She obtained her undergraduate degree B.S. Commerce Major in Legal Management from the De La Salle University where she graduated as Honorable Mention. She is the head of the lecture and events committee of the Teehankee Center for the Rule of Law. iv ACCESS TO ENVIRONMENTAL JUSTICE: A CAPACITY ASSESSMENT ON THE PILLARS OF THE JUSTICE SYSTEM Editorial Board Prof. Sedfrey M. Candelaria Justice Oswaldo D. Agcaoili Dean Mikhail Lee L. Maxino Atty. Ronaldo R. Gutierrez Atty. Lissa Belle M. Villanueva Atty. Grizelda Mayo-Anda Ms. Maryam Cecilia L. Mamorno Editorial assistance, layout and design were provided by the Philippine Judicial Academy’s Research, Publications and Linkages Office. ACCESS TO ENVIRONMENTAL JUSTICE: A CAPACITY ASSESSMENT ON THE PILLARS OF THE JUSTICE SYSTEM 1 PART I INTRODUCTION TO THE ASSESSMENT REPORT A. The Project, Its Objectives and Methodology The project is entitled Development of Framework and Capacity Assessment on Environmental Justice. It is a joint project of the Supreme Court of the Philippines implemented by the Philippine Judicial Academy (PHILJA) in cooperation with the Program Management Office (PMO). The Project is under the Fostering Democratic Governance Programme – Enhancing Access to the Pillars of Justice, a partnership between the Philippine Government, through the National Economic Development Authority (NEDA), and the United Nations Development Programme (UNDP). The Project aims to assess the capacity of the five pillars of the justice system to execute and implement the provisions of the 1987 Philippine Constitution and the various environmental laws and develop a Sourcebook aimed to address all policy gaps and give recommendations for the effective access to Environmental Justice. There are two outputs: the (1) Capacity Assessment on the Pillars of the Justice System in Enhancing Environmental Justice; and (2) Sourcebook on Environmental Justice. This report is the capacity assessment component of the Project. Methodology of the Report A capacity assessment provides a comprehensive perspective on the capacities critical to the achievement of a country’s development objectives.1 It is an analysis of desired future capacities against current capacities and offers a systematic way of gathering critical knowledge and information on capacity assets and needs. This in turn will help in identifying the strengths which can be used and the gaps and weaknesses that have to immediately be addressed. It can serve a number of purposes as well, such as: 1. Act as a catalyst for action; 2. Confirm priorities for action; 3. Build political support for an agenda; 4. Offer a platform for dialogue among stakeholders; 5. Provide insight into operational hurdles in order to unblock a programme or project; 6. Provide a starting point for the formulation of capacity development responses.2 1 UNITED NATIONS DEVELOPMENT PROGRAMME CAPACITY ASSESSMENT PRACTICE NOTE 2 (2008). 2 Id. at 9. 2 PART I: INTRODUCTION TO THE ASSESSMENT REPORT The study focuses on the five pillars of the justice system namely: law enforcement,3 prosecution,4 courts,5 penology,6 and the community. Each pillar was assessed in the light of the recently promulgated Rules of Procedure for Environmental Cases. The assessment was based on the inputs given by the respective stakeholders drawn from individual consultations, meetings, and focus group and roundtable discussions. The assessment focused on the evaluation of the roles and responsibilities of the pillars of justice; the identification of experiences involving access to judicial and administrative proceedings, including redress and remedy as well as innovative approaches and assessment of the five pillars’ strengths and weakness. It also determined the level of awareness of vulnerable groups on their environmental rights and entitlements and their ability to access Environmental Justice. Finally, the assessment reevaluated the Environmental Impact Statement System (EISS) and provided the necessary recommendations. Different approaches were adopted in assessing the capacity of each pillar of the justice system. Individual meetings, consultations, focus group and roundtable discussions were held to enhance and further develop the analysis of the agency or group. Below is a summary of the activities held and the participating government agencies and organizations:7 3 The Law Enforcement pillar for this study involved the participation of the following departments: the Department of Environment and Natural Resources (DENR), the Bureau of Fisheries and Aquatic Resources (BFAR), the Philippine National Police (PNP), the Philippine Coast Guard (PCG), the National Bureau of Investigation–Environment and Wildlife Protection and Investigation Division (NBI-EWPID), and the Armed Forces of the Philippines (AFP). 4 The Prosecution pillar for this study involved the participation of the National Prosecution Service (NPS) of the Department of Justice (DOJ). 5 The Courts