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The Laws of Nature

In the Laws of
  Nature,
There is no right nor
  wrong,
There are no rewards
  nor punishments;

There are only
 consequences.
CONSEQUENCES OF OUR
   ACCUMULATED
  ENVIRONMENTAL
    VIOLATIONS
DEFORESTATION - RELEASES CO2
• Use of fossil
  fuel based
  energy source
• For electricity
  and motor
  vehicles
• Carbon dioxide
Garbage:
 8000 tons
per day for
MM alone
RELEASE
METHANE
  21 X
STRONGER
  THAN
   CO2
CLIMATE CHANGE:
3 B viz 27 B Tons of CO2: Is it real? Heat Trapping Gases (CO2 – 1000
             years) Methane 21 x stronger than CO2




     Normal
consequences
Antarctic glaciers melting faster
                   than thought
            By ELIANE ENGELER,Associated Press Writer AP - Thursday, February 26, 2009

•
    GENEVA - Glaciers in Antarctica are melting faster and across a much
    wider area than previously thought, …
    a development that threatens to raise sea
    levels worldwide and force millions of
    people to flee low-lying areas, scientists said
    Wednesday.
    "That's unusual and unexpected," he told The Associated Press in an
    interview.
    By the end of the century, the accelerated melting could cause sea levels
    to climb by 3 to 5 feet _ levels substantially higher than predicted by a
    major scientific group just two years ago.
Developing countries,
   will be hit soonest
         and hardest.

      Adaptation provides
    the way to prepare for
          and respond to
           these impacts.

                   This is
            the challenge
                 we face.




                             SALTWATER
                             INTRUSION
                                2003
Climate warming gases rising faster than
             expected (Jan 2009)
• CHICAGO – Despite widespread concern over global
  warming, humans are adding carbon to the
  atmosphere even faster than in the 1990s, researchers
  warned Saturday.
• Carbon dioxide and other gases added to the air by
  industrial and other activities have been blamed for
  rising temperatures, increasing worries about possible
  major changes in weather and climate.
THE WORLD IS HEADED
           FOR WATER BANKRUPTCY
             Agence France-Presse-7 FEB 2009

•    DAVOS -- The world is heading toward "water bankruptcy" as demand for the precious
    commodity outstrips even high population growth, a new report warned Friday.

          In less than 20 years, water scarcity could lose the
    equivalent of the entire grain crops of India and the United
    States, said the World Economic Forum report, which added
    that food demand is expected to sky-rocket in coming
    decades.
         "The world simply cannot manage water in the future in the same way as in the past
    or the economic web will collapse," said the report.
         Water has been consistently under-priced in many regions and has been wasted and
    overused, the report said.
• Global
  Warming
  Fuels
  Typhoons,
  say scientists
Philippines top
   victim of
   extreme
   weather
MORE INTENSE TYPHOONS FOR
      THE PHILIPPINES
Can we afford this every year?
Sea Level Rise Poses Greatest Threat
            to the Philippines
• PANAY NEWS, 7 Feb 2009; By Jun Ariolo N. Aguirre
  BORACAY – An assessment made by marine experts said the
  powdery white sand beach of this island will be submerged in sea
  water several years from now because of the Sea Level Rise (SLR)
  and other key factors.
  Global warming experts from the National Research Council of
  the Philippines (NRCP) of the Department of Science and
  Technology (DOST) and from the University of the Philippines
  Marine Science Institute recently presented this finding to
  stakeholders here.
• “These observations have been corroborated by the
  island's 15 to 20-year residents and news reports,” she
  added.
Manila Will Sink

  Philippine Daily Inquirer, 23 Sep 08
          ( By TJ Burgonio);
• JUST LIKE OTHER MAJOR ASIAN CITIES:
  Manila, coastal villages under threat from sea-
  level rise MANILA, Philippines—Coastal
  communities in the Philippines are under threat
  from sea level rise, while a mega, but low-lying
  city like Manila is vulnerable to more disasters,
  according to a World Vision report.
•
Climate change could devastate
        Philippines: NASA scientist
  Climate change could have a devastating impact on the
   Philippines, leading to widespread destruction of the
country's flora and fauna and flooding the capital Manila, a
            NASA scientist warned here Friday.
 The continued melting of Arctic ice caps, brought on by
  climate change, could cause sea levels to rise by seven
   metres (23 feet), said National Aeronautics and Space
    Administration (NASA) physicist Josefino Comiso.
 He said the country's fish stocks would be depleted and
many species of plant and animal life would die because of
   the change in ocean temperatures caused by climate
                           change.
Can you afford economic dislocation? For how long?




Infrastructure & Transport
CRISIS




                        danger            opportunity
To Humankind: Extinction of our species    Show our wisdom as a species
MINDSHIFT-ENVIRONMENT?
Begin a Revolution
                   Change in Mindset- Mindshift
• We cannot
  solve a problem
  using the same
  mindset that
  created the
  problem in the
  first place
• Revolution
• TURN Around
•   (Brother sun and sister moon
Environment-
sources of Life
LAND
AIR
WATER (LAW!)
Vital Organs of the Earth
trees and forests,
- Trees and forests- Lungs
- Land & soil - skin and flesh
- Sea and waterways – blood
   and bloodstreams
- 70% of the human body and of
   the Earth is water
• Revoluition
• Weapons of Choice -- not knives and guns
• But the sword of reason and the force and power of the Law
•   __________
Worldwide Legal Revolution




To use the law and the Legal Process to trigger the will to solve
  GLOBAL LEGAL ACTION ON CLIMATE CHANGE
Law?
• Guide conduct
• Lack of political will
• Law - focus attention
  and trigger action
• NB: Not solve the
  problem, but it can
  help spark the will to
  solve the problem
We lawyers are artists- Storytellers
• Ordinary lawyers tell the story of their clients
  (persons and corporations)
• New Breed of Lawyers who Care enough for the
  Sources of Life of Land, Air and Water (LAW)
• We will tell their story, with the Law as our
  medium -- orderly, logical, evidence-based,
• And with a final, hopefully binding and
  executory resolution.
Why Legal?
Based on Law
• Highest LAW of Nature --
  SELF-PRESERVATION
  & SELF
  PERPETUATION
• INTERNATIONAL
  AND NATIONAL
  LAWS
• Legal Form and substance
• And if ignored
• Legal consequences –
  SERIOUS AND
  PROBLEMATIC
Start with
Philippines
It is the most
vulnerable
1. long coastline
2. typhoon belt
3. fragile water
source (islands)
Major Problem
                DIVERGENCE OF
                  INTERESTS
• We know the problems, we know the solutions

• There is a divergence in interests between our concerns –
  the concerns of seven generations – and the concerns of
  our political leaders
• With the exception of some – their concern is only good
  for 1000 days
• What is lacking is the political will … which is the result of
  the lack of attention to a life-and -=death issue, and to act
  with a sense of urgency, no, with a sense of
  EMERGENCY
• Whereas the need to ensure that life
  support systems (of land, air and water)
  is inter-generational -- must last up to
  seven generations,
• Interest of our political leaders, except
  for a few, is only 1000 days,
  approximately 3 years until the next
  election)
SOLUTION?

• WHERE OUR LEADERS suffer from political
  myopia (short-sightedness) failed us….
• It is incumbent upon us – the people – upon whom
  all political power rests and emanates to TAKE
  ACTION
• HOW DO WE GET FROM HERE TO THERE?
  From Point A to Point B
• Solvitur ambulando – we solve it by walking
• Solvitur actione – it is solved by taking action.
We cannot solve a problem using the same
mindset that created it in the first place
Crisis of climate change we must use as an
opportunity to turn things around
A turn around – A Revolution- a Mindshift
 Armed only with the sword of reason, and the
force and power of the Law
Set of laws that have long languished
  in the sickbed of non-compliance

• Start to trigger action by
  a series of legal petitions
  to be filed by ordinary
  people, backed up by top
  lawyers,
• To call on the political
  leaders to address the
  life-and-death emergency
  that faces the life-
  support system of our
  country
A Revolution of the Law
• What: Movement of Legal Petitions filed around the
  country
• Who: By ordinary citizens, backed up by the top
  lawyers of the country and of the world.
• Who: Recipients, Respondents: Political Leaders,
  Government Offices and Officials mandated to
  perform a task but are not (mandamus)
• Jan 30-31, ’09 --Top scientists and the top legal minds from
                         HOW
  LVM - draft legal forms (Templates) Legal Menu of Optio




Technical- Bebet Gozun, Lory Tan, Ed Gomez, Jurgenne Primavera, Glen Tabios (Water), B
Eusebio, Lisa Antonio, Odet Alcantara, Romy Trono, Nong Rangasa, Angel Alcala, Neric Aco
Kiko de Guzman, Yeb Sano, Liesel Lim, Bonar Laureto, Youth-Anna and Uli Oposa, Ben Kala
Kim, Cathy Untalan,
Lawyers
J. Luis Agcaoili, Rico Agcaoili, Gerthie Anda, Imelda
   Aquino, Glynda Bathan, Romy Batino, Raul Barbarona,
   Jonathan Balintong, Ben Cabrido, Bobby Chan, Chuck
   Delgra, Linda and Nick Jimeno, Rolly Vinluan, Asis
   Perez, Bong Erese, Beda Fajardo, Julius Herrera, Obet
   Oliva, Jun Ortiz, Christie Espinosa, Rico Rentuza, Gia
   Ibay, Leon Moya, Hector Teodosio, Marne Tongson,
   Peewee Agcaoili, Lucille Sering, Sig Fortun, Lisa Osorio,
   Gerthie Anda, Ipat Luna, Francis Tinio, Nory Posecion,
   Galahad Pe Benito, Jun Quicho, Vina Ilas, Golly Ramos,
   Tony La Vina, Janette Cruz-Regalado, Rolly Vinluan,
   Bernie Mayo,
                300 Lawyers at least!
Friends –
   people of
shared passions
  - CS Lewis
When people of
shared passions
 meet, there is
  magic in the
      air!
Legal Menu

LAND
• DELINEATION
  and Boundary
  Marking
  FOREST LINES
  and PROTECTED
  AREAS
•
Soil and Water Conservation:
       Sec. 15, PD 705)
Coastal




• Protection against Storm Surges, Sea Level Rise
      Enforcing the Easement Zones along coastlines
  (Sec. 51, PD 1067)
• REVERSION
  OF
  ABANDONED
  FISHPONDS
  and turned into
• PROTECTED
  MANGROVE
  forests
Food Security
• Delineation
  and boundary
  markings of
  protected lands
  and soils for
  food
  production
  (AFMA Law)
Other Actions
• MPAs-15%
• DA-BFAR –
  Guidelines on Extent
  of Municipal Waters
  with Outer islands
• Determine Maximum
  Sustainable Harvest
  (MSY) of fisheries
  resource and give
  fishing permits based
  on total allowable
  catch (RA 8550)
REVOLUTIONIZE LOCOMOTION MINDSET




      Those who have less in wheels must have more in road
   Exec Order 774 (Dec. 26, 2008) , Admin Order No. 254 (2009)
Puerto Princesa-April 1
Marikina 60 kms of bike
lanes
Prototype of Man-Powered Mini-Train
Local Government
        Code
    (sec. 120-127)
• Empowers 1000 voters in
  city or province to petition
  province or city to pass an
  ordinance
• 100 in municipality to
  propose an ordinance
• Sanggunian has 30 days to
  take action
• Or else, call for
  referendum and/or recall
  vote
Target
  Partners
 Government
agencies, SC,
  DENR-
DPWH, LGUs
• Cooperate –
  partners, we will go
  all the way to help
  you
GIVING
THEM A
REASON
TO TAKE
SERIOUS
ACTION
If they refuse to cooperate
• We will give
  them a bouquet
  of flowers in the
  form of
  administrative,
  civil, even
  criminal actions
Range of Legal Actions
            All based on existing Law
•   Individual letter request
•   Collective petition
•   Demand letters
•   Notice to Sue
•   Administrative Action
•   All the way to Judicial Action where warranted
Legal
Basis
Legal Basiss
• Anti-red tape of 2007 (RA 9485) – 10 Days
• Code of Conduct for Public Officials (RA 6713)
• Anti-Graft and Corrupt Practices Law (RA 3019,
  gross inexcusable negligence)
• Art. 27, RA 386 (Civil Code)
• Personal liability for damages – him, his estate, his
  children, descendants and other successors
• Remember – Environmental damage is inter-
  generational
General Cause of Action :
Patrimonial Malpractice of national
government
Planetary Malpractice – Large
emitters of CO2
                               • Malpractice: violating a
                                 trust reposed in a person
                                 because of high office
                                 or learning.
                               • We human beings -
                                 wisest animal on Earth?
                               • We in fact claim –that
                                 we have been entrusted
                                 with the care of the
                                 Earth, of Life on Earth,
                                 and of the Sources of
                                 Life of Land, Air, and
                                 Water.
Yet look what we have done to to the
 sources of Life on Earth: Res ipsa
              loquitur
Violated trust -- high position in Animal Kingdom –damage and
injury to the Life-support systems of Earth and life-forms –
Thus our species, this generation liable for planetary malpractice.
• Not Change, change too slow -- Incite a Revolution - TURN
  Around of the mindset of wasteful use to wise use –
Sign up Sheet
Name                    Cell                     Email

                                                 juandelacruz@yahoo.com
Juan de la Cruz         0918-1234567




Lunch workshop of Team Two: Willing to take action
Exec. Order 774
 (Dec. 26, 2008)
<thelawofnature.org>
Relevance
Relevance of       of the Law
Law and
Lawyers

                           • Perhaps then,
                             lawyers -- become
                             more relevant to
                             society -- Perhaps
                             then, the Law, a
                             thinking
                             profession, can
                             make a
                             contribution to
                             Humanity’s role
                             as the Thinking
                             Part of Nature
Upcoming meetings
   •   Feb 13 _Puerto Princesa
   •   Feb 20- Cebu
   •   Tomorrow (March 7-8) Diver lawyers (Underwater
       convention (Anilao, Batangas)
   •   March 11-12 -- Bicol
   •   March 20-21 (SK-Reg 6)
   •   March 21- Mayors, Bgy Captains, Lawyers of region 6
   •   March 27-29 Core group Legal Team meeting
        Volunteers Meeting
Politicians? Where they will lead … we will follow
• April 22- Earth Day – Palawan – Filing of
  cases vs LGUs (c/o Bobby Chan and
  Gerthie)
• Roll Out of Petitions
• May 4 Bacolod,
• May 5 – Iloilo
• May 7 –Davao
• May 8 – Manila
• May 12 - Cebu
• May 13-16 Bantayan Island: Final
  Coordination meeting – who will file what
  where when (MCLE Accredited)
May 16-18?
• Environmental Justice on
  Wheels in Bantayan for
  long pending Illegal
  Fishing Cases?
• Plan last year with Justice
  Santiago and Midas
  Marquez and Nimfa
  Vilches?
• May 18- Ocular
  Inspection of the RTC of
  Mandaue in Bantayan in
  relation to the mandamus
  case we filed against the
  DENR for Patrimonial
  Malpractice
One of the Actions
• Team of young people – law students – to visit
  and inspect Congress – House and Senate
• Take Pictures
• To see if they are practising responsible SWM
• They will be joined by media (including CNN
  and BBC if necessary)
• Continuous spot checks on LGUs etc, and
  issuance of Notices to Sue where appropriate
• Where:
• In all regions/
provinces (City or
  Municipal Hall,
  DENR, DPWH,
  etc)
• When:
  Simultaneously
  around the country
  on June 5, 2009
• Today: The
  Philippines
• Tomorrow: The
  world!
24 October 2009, UN Day-United Peoples of Earth
Will we
               succeed? Is this
• 10 yrs ago
  a fool’s
               a fool’s errand?
  errand.      No template for
  Lucky! It      a revolution
  can be
  done!
• Failure IS
  NOT AN
  OPTION
THANK YOU: CJ R. Puno, Justice C.Y.
  Santiago, Justice P.Velasco, Midas Marquez, Abi
  Sze, Marvie Ignacio, Erika Dy, Asis Perez, Tony
  Lav, Marvic Leonen, Grace Padacaa, marlon
  Manuel, Dangal de Leon, Jose Canivel. Lucille
  Sering, Bebet Gozun, Odet A, Ipat Luna, Bobby
  Chan, Gerthie Anda, Judge Farrales, Rolly
  Vinluan, Sonia Mendoza,
 all of you those of who care enough for your
  children to sacrifice ….
You who will participate in this endeavor, ordinary citizens,
  youth … Now it is up to you to take action.)

What light through yonder window breaks?
Thank you!
•   Gift to the Supreme Court
•   Last Book!
•   Permission to reprint – copyright free – to
    give to all the judges and partners in the
    administration of justice
Handful of us?
Never doubt for a single moment ….

  • VNe
Story of a
rich man
We are only the
  matchstick that
                     Be the
  serves to spark     Light
 the molecules of    in your
   thought and         little
    trigger the
passion for action
                     corner
                      of the
                      world;
• A great movement may be born in the minds of a few …
• On June 5, World Environment Day, let the world know that a handful of men
  and women from the richest and most beautiful country on Earth that is the
  Philippine Islands dared to dream, and more, dare to take action to make that
  dream come true
• Perhaps, they will be the beacon of light for the rest of the world.
Ten, fifty, a hundred years from now, and
       many generations hereafter,
DURING OUR said that during our watch …
     Let it be
WATCH               While gifted
            with intelligence & insight,
            with privilege and position,
            with the wealth of wisdom,
And with
   the
freedom
   and
 power
  of the
Human
  Will,
Let it be said
that in our time,
And during our
watch,
 We did our
share,
And maybe, just maybe …
we will make a little difference.

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CONSEQUENCES OF OUR ACCUMULATED ENVIRONMENTAL VIOLATIONS

  • 1.
  • 2. The Laws of Nature In the Laws of Nature, There is no right nor wrong, There are no rewards nor punishments; There are only consequences.
  • 3. CONSEQUENCES OF OUR ACCUMULATED ENVIRONMENTAL VIOLATIONS
  • 5. • Use of fossil fuel based energy source • For electricity and motor vehicles • Carbon dioxide
  • 6. Garbage: 8000 tons per day for MM alone RELEASE METHANE 21 X STRONGER THAN CO2
  • 7. CLIMATE CHANGE: 3 B viz 27 B Tons of CO2: Is it real? Heat Trapping Gases (CO2 – 1000 years) Methane 21 x stronger than CO2 Normal
  • 9.
  • 10. Antarctic glaciers melting faster than thought By ELIANE ENGELER,Associated Press Writer AP - Thursday, February 26, 2009 • GENEVA - Glaciers in Antarctica are melting faster and across a much wider area than previously thought, … a development that threatens to raise sea levels worldwide and force millions of people to flee low-lying areas, scientists said Wednesday. "That's unusual and unexpected," he told The Associated Press in an interview. By the end of the century, the accelerated melting could cause sea levels to climb by 3 to 5 feet _ levels substantially higher than predicted by a major scientific group just two years ago.
  • 11. Developing countries, will be hit soonest and hardest. Adaptation provides the way to prepare for and respond to these impacts. This is the challenge we face. SALTWATER INTRUSION 2003
  • 12. Climate warming gases rising faster than expected (Jan 2009) • CHICAGO – Despite widespread concern over global warming, humans are adding carbon to the atmosphere even faster than in the 1990s, researchers warned Saturday. • Carbon dioxide and other gases added to the air by industrial and other activities have been blamed for rising temperatures, increasing worries about possible major changes in weather and climate.
  • 13. THE WORLD IS HEADED FOR WATER BANKRUPTCY Agence France-Presse-7 FEB 2009 • DAVOS -- The world is heading toward "water bankruptcy" as demand for the precious commodity outstrips even high population growth, a new report warned Friday. In less than 20 years, water scarcity could lose the equivalent of the entire grain crops of India and the United States, said the World Economic Forum report, which added that food demand is expected to sky-rocket in coming decades. "The world simply cannot manage water in the future in the same way as in the past or the economic web will collapse," said the report. Water has been consistently under-priced in many regions and has been wasted and overused, the report said.
  • 14. • Global Warming Fuels Typhoons, say scientists
  • 15. Philippines top victim of extreme weather
  • 16. MORE INTENSE TYPHOONS FOR THE PHILIPPINES
  • 17. Can we afford this every year?
  • 18. Sea Level Rise Poses Greatest Threat to the Philippines • PANAY NEWS, 7 Feb 2009; By Jun Ariolo N. Aguirre BORACAY – An assessment made by marine experts said the powdery white sand beach of this island will be submerged in sea water several years from now because of the Sea Level Rise (SLR) and other key factors. Global warming experts from the National Research Council of the Philippines (NRCP) of the Department of Science and Technology (DOST) and from the University of the Philippines Marine Science Institute recently presented this finding to stakeholders here. • “These observations have been corroborated by the island's 15 to 20-year residents and news reports,” she added.
  • 19. Manila Will Sink Philippine Daily Inquirer, 23 Sep 08 ( By TJ Burgonio); • JUST LIKE OTHER MAJOR ASIAN CITIES: Manila, coastal villages under threat from sea- level rise MANILA, Philippines—Coastal communities in the Philippines are under threat from sea level rise, while a mega, but low-lying city like Manila is vulnerable to more disasters, according to a World Vision report. •
  • 20. Climate change could devastate Philippines: NASA scientist Climate change could have a devastating impact on the Philippines, leading to widespread destruction of the country's flora and fauna and flooding the capital Manila, a NASA scientist warned here Friday. The continued melting of Arctic ice caps, brought on by climate change, could cause sea levels to rise by seven metres (23 feet), said National Aeronautics and Space Administration (NASA) physicist Josefino Comiso. He said the country's fish stocks would be depleted and many species of plant and animal life would die because of the change in ocean temperatures caused by climate change.
  • 21.
  • 22. Can you afford economic dislocation? For how long? Infrastructure & Transport
  • 23.
  • 24.
  • 25. CRISIS danger opportunity To Humankind: Extinction of our species Show our wisdom as a species
  • 27. Begin a Revolution Change in Mindset- Mindshift • We cannot solve a problem using the same mindset that created the problem in the first place • Revolution • TURN Around • (Brother sun and sister moon
  • 28. Environment- sources of Life LAND AIR WATER (LAW!) Vital Organs of the Earth trees and forests, - Trees and forests- Lungs - Land & soil - skin and flesh - Sea and waterways – blood and bloodstreams - 70% of the human body and of the Earth is water
  • 29. • Revoluition • Weapons of Choice -- not knives and guns • But the sword of reason and the force and power of the Law • __________
  • 30. Worldwide Legal Revolution To use the law and the Legal Process to trigger the will to solve GLOBAL LEGAL ACTION ON CLIMATE CHANGE
  • 31. Law? • Guide conduct • Lack of political will • Law - focus attention and trigger action • NB: Not solve the problem, but it can help spark the will to solve the problem
  • 32. We lawyers are artists- Storytellers • Ordinary lawyers tell the story of their clients (persons and corporations) • New Breed of Lawyers who Care enough for the Sources of Life of Land, Air and Water (LAW) • We will tell their story, with the Law as our medium -- orderly, logical, evidence-based, • And with a final, hopefully binding and executory resolution.
  • 33. Why Legal? Based on Law • Highest LAW of Nature -- SELF-PRESERVATION & SELF PERPETUATION • INTERNATIONAL AND NATIONAL LAWS • Legal Form and substance • And if ignored • Legal consequences – SERIOUS AND PROBLEMATIC
  • 34. Start with Philippines It is the most vulnerable 1. long coastline 2. typhoon belt 3. fragile water source (islands)
  • 35. Major Problem DIVERGENCE OF INTERESTS • We know the problems, we know the solutions • There is a divergence in interests between our concerns – the concerns of seven generations – and the concerns of our political leaders • With the exception of some – their concern is only good for 1000 days • What is lacking is the political will … which is the result of the lack of attention to a life-and -=death issue, and to act with a sense of urgency, no, with a sense of EMERGENCY
  • 36. • Whereas the need to ensure that life support systems (of land, air and water) is inter-generational -- must last up to seven generations, • Interest of our political leaders, except for a few, is only 1000 days, approximately 3 years until the next election)
  • 37. SOLUTION? • WHERE OUR LEADERS suffer from political myopia (short-sightedness) failed us…. • It is incumbent upon us – the people – upon whom all political power rests and emanates to TAKE ACTION • HOW DO WE GET FROM HERE TO THERE? From Point A to Point B • Solvitur ambulando – we solve it by walking • Solvitur actione – it is solved by taking action.
  • 38. We cannot solve a problem using the same mindset that created it in the first place Crisis of climate change we must use as an opportunity to turn things around A turn around – A Revolution- a Mindshift Armed only with the sword of reason, and the force and power of the Law
  • 39. Set of laws that have long languished in the sickbed of non-compliance • Start to trigger action by a series of legal petitions to be filed by ordinary people, backed up by top lawyers, • To call on the political leaders to address the life-and-death emergency that faces the life- support system of our country
  • 40. A Revolution of the Law • What: Movement of Legal Petitions filed around the country • Who: By ordinary citizens, backed up by the top lawyers of the country and of the world. • Who: Recipients, Respondents: Political Leaders, Government Offices and Officials mandated to perform a task but are not (mandamus)
  • 41. • Jan 30-31, ’09 --Top scientists and the top legal minds from HOW LVM - draft legal forms (Templates) Legal Menu of Optio Technical- Bebet Gozun, Lory Tan, Ed Gomez, Jurgenne Primavera, Glen Tabios (Water), B Eusebio, Lisa Antonio, Odet Alcantara, Romy Trono, Nong Rangasa, Angel Alcala, Neric Aco Kiko de Guzman, Yeb Sano, Liesel Lim, Bonar Laureto, Youth-Anna and Uli Oposa, Ben Kala Kim, Cathy Untalan,
  • 42. Lawyers J. Luis Agcaoili, Rico Agcaoili, Gerthie Anda, Imelda Aquino, Glynda Bathan, Romy Batino, Raul Barbarona, Jonathan Balintong, Ben Cabrido, Bobby Chan, Chuck Delgra, Linda and Nick Jimeno, Rolly Vinluan, Asis Perez, Bong Erese, Beda Fajardo, Julius Herrera, Obet Oliva, Jun Ortiz, Christie Espinosa, Rico Rentuza, Gia Ibay, Leon Moya, Hector Teodosio, Marne Tongson, Peewee Agcaoili, Lucille Sering, Sig Fortun, Lisa Osorio, Gerthie Anda, Ipat Luna, Francis Tinio, Nory Posecion, Galahad Pe Benito, Jun Quicho, Vina Ilas, Golly Ramos, Tony La Vina, Janette Cruz-Regalado, Rolly Vinluan, Bernie Mayo, 300 Lawyers at least!
  • 43.
  • 44. Friends – people of shared passions - CS Lewis When people of shared passions meet, there is magic in the air!
  • 45. Legal Menu LAND • DELINEATION and Boundary Marking FOREST LINES and PROTECTED AREAS •
  • 46. Soil and Water Conservation: Sec. 15, PD 705)
  • 47. Coastal • Protection against Storm Surges, Sea Level Rise Enforcing the Easement Zones along coastlines (Sec. 51, PD 1067)
  • 48. • REVERSION OF ABANDONED FISHPONDS and turned into • PROTECTED MANGROVE forests
  • 49. Food Security • Delineation and boundary markings of protected lands and soils for food production (AFMA Law)
  • 50. Other Actions • MPAs-15% • DA-BFAR – Guidelines on Extent of Municipal Waters with Outer islands • Determine Maximum Sustainable Harvest (MSY) of fisheries resource and give fishing permits based on total allowable catch (RA 8550)
  • 51. REVOLUTIONIZE LOCOMOTION MINDSET Those who have less in wheels must have more in road Exec Order 774 (Dec. 26, 2008) , Admin Order No. 254 (2009)
  • 52. Puerto Princesa-April 1 Marikina 60 kms of bike lanes
  • 54. Local Government Code (sec. 120-127) • Empowers 1000 voters in city or province to petition province or city to pass an ordinance • 100 in municipality to propose an ordinance • Sanggunian has 30 days to take action • Or else, call for referendum and/or recall vote
  • 55. Target Partners Government agencies, SC, DENR- DPWH, LGUs • Cooperate – partners, we will go all the way to help you
  • 57. If they refuse to cooperate • We will give them a bouquet of flowers in the form of administrative, civil, even criminal actions
  • 58. Range of Legal Actions All based on existing Law • Individual letter request • Collective petition • Demand letters • Notice to Sue • Administrative Action • All the way to Judicial Action where warranted
  • 60. Legal Basiss • Anti-red tape of 2007 (RA 9485) – 10 Days • Code of Conduct for Public Officials (RA 6713) • Anti-Graft and Corrupt Practices Law (RA 3019, gross inexcusable negligence) • Art. 27, RA 386 (Civil Code) • Personal liability for damages – him, his estate, his children, descendants and other successors • Remember – Environmental damage is inter- generational
  • 61. General Cause of Action : Patrimonial Malpractice of national government Planetary Malpractice – Large emitters of CO2 • Malpractice: violating a trust reposed in a person because of high office or learning. • We human beings - wisest animal on Earth? • We in fact claim –that we have been entrusted with the care of the Earth, of Life on Earth, and of the Sources of Life of Land, Air, and Water.
  • 62. Yet look what we have done to to the sources of Life on Earth: Res ipsa loquitur
  • 63. Violated trust -- high position in Animal Kingdom –damage and injury to the Life-support systems of Earth and life-forms – Thus our species, this generation liable for planetary malpractice.
  • 64. • Not Change, change too slow -- Incite a Revolution - TURN Around of the mindset of wasteful use to wise use –
  • 65. Sign up Sheet Name Cell Email juandelacruz@yahoo.com Juan de la Cruz 0918-1234567 Lunch workshop of Team Two: Willing to take action
  • 66. Exec. Order 774 (Dec. 26, 2008) <thelawofnature.org>
  • 67. Relevance Relevance of of the Law Law and Lawyers • Perhaps then, lawyers -- become more relevant to society -- Perhaps then, the Law, a thinking profession, can make a contribution to Humanity’s role as the Thinking Part of Nature
  • 68. Upcoming meetings • Feb 13 _Puerto Princesa • Feb 20- Cebu • Tomorrow (March 7-8) Diver lawyers (Underwater convention (Anilao, Batangas) • March 11-12 -- Bicol • March 20-21 (SK-Reg 6) • March 21- Mayors, Bgy Captains, Lawyers of region 6 • March 27-29 Core group Legal Team meeting Volunteers Meeting Politicians? Where they will lead … we will follow
  • 69. • April 22- Earth Day – Palawan – Filing of cases vs LGUs (c/o Bobby Chan and Gerthie) • Roll Out of Petitions • May 4 Bacolod, • May 5 – Iloilo • May 7 –Davao • May 8 – Manila • May 12 - Cebu • May 13-16 Bantayan Island: Final Coordination meeting – who will file what where when (MCLE Accredited)
  • 70. May 16-18? • Environmental Justice on Wheels in Bantayan for long pending Illegal Fishing Cases? • Plan last year with Justice Santiago and Midas Marquez and Nimfa Vilches? • May 18- Ocular Inspection of the RTC of Mandaue in Bantayan in relation to the mandamus case we filed against the DENR for Patrimonial Malpractice
  • 71. One of the Actions • Team of young people – law students – to visit and inspect Congress – House and Senate • Take Pictures • To see if they are practising responsible SWM • They will be joined by media (including CNN and BBC if necessary) • Continuous spot checks on LGUs etc, and issuance of Notices to Sue where appropriate
  • 72. • Where: • In all regions/ provinces (City or Municipal Hall, DENR, DPWH, etc) • When: Simultaneously around the country on June 5, 2009 • Today: The Philippines • Tomorrow: The world!
  • 73. 24 October 2009, UN Day-United Peoples of Earth
  • 74. Will we succeed? Is this • 10 yrs ago a fool’s a fool’s errand? errand. No template for Lucky! It a revolution can be done! • Failure IS NOT AN OPTION
  • 75. THANK YOU: CJ R. Puno, Justice C.Y. Santiago, Justice P.Velasco, Midas Marquez, Abi Sze, Marvie Ignacio, Erika Dy, Asis Perez, Tony Lav, Marvic Leonen, Grace Padacaa, marlon Manuel, Dangal de Leon, Jose Canivel. Lucille Sering, Bebet Gozun, Odet A, Ipat Luna, Bobby Chan, Gerthie Anda, Judge Farrales, Rolly Vinluan, Sonia Mendoza, all of you those of who care enough for your children to sacrifice …. You who will participate in this endeavor, ordinary citizens, youth … Now it is up to you to take action.) What light through yonder window breaks?
  • 76. Thank you! • Gift to the Supreme Court • Last Book! • Permission to reprint – copyright free – to give to all the judges and partners in the administration of justice
  • 77. Handful of us? Never doubt for a single moment …. • VNe
  • 79. We are only the matchstick that Be the serves to spark Light the molecules of in your thought and little trigger the passion for action corner of the world;
  • 80. • A great movement may be born in the minds of a few … • On June 5, World Environment Day, let the world know that a handful of men and women from the richest and most beautiful country on Earth that is the Philippine Islands dared to dream, and more, dare to take action to make that dream come true • Perhaps, they will be the beacon of light for the rest of the world.
  • 81. Ten, fifty, a hundred years from now, and many generations hereafter,
  • 82. DURING OUR said that during our watch … Let it be WATCH While gifted with intelligence & insight, with privilege and position, with the wealth of wisdom,
  • 83. And with the freedom and power of the Human Will,
  • 84. Let it be said that in our time, And during our watch, We did our share,
  • 85. And maybe, just maybe … we will make a little difference.