This document discusses the consequences of environmental violations like deforestation, garbage, and climate change from the release of greenhouse gases. It notes that climate change is accelerating faster than expected and will lead to rising sea levels that threaten low-lying areas and force millions to flee. The Philippines is particularly vulnerable due to its long coastlines, location in the typhoon belt, and fragile water sources for its many islands. The document calls for a legal revolution and worldwide legal action on climate change using existing laws to trigger political action on this emergency issue. It outlines launching a series of legal petitions filed by citizens around the country backed by environmental lawyers.
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
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!
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)
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
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!
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
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,