March L. Fianza
TUBA, Benguet -- Vice-mayor: “Anya ngata kayat na sawen dijay ibagbaga ni Congressman?
Councilor: “Ket damagen tayu suna ah wenu kitaem ijay dictionary!”
I could just imagine two members of the municipal council exchange conversations after Benguet Representative Ronald M. Cosalan spoke the phrase “Writ of Kalikasan.”
Not a few people, including those in Tuba, were caught surprised and scrambled to find out what it was all about… me included.
Of course, many have heard of it before but have not taken a second look at it until the tragic Irisan dumpsite incident on August 27, 2011, and until Cong. Cosalan brought it out as a remedy for the environmental destruction.
The Supreme Court defines the Writ of Kalikasan as the “remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-govermental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.”
Eco warriors consider the law as a new weapon in their fight against environmental destruction. Lawyers say the law is very practical as it paves the way for quick legal action on environmental cases and dispenses with extensive litigation. Based on the rules set by its framers, the high court will have to render judgment on petitions for a Writ of Kalikasan in 60 days.
Here, regular courts can also grant a 72-hour temporary environment protection order (TEPO), similar to a regular restraining order, if the case is deemed a matter of “extreme urgency” wherein the petitioner faces “grave injustice and irreparable injury.”
The court may then convert the TEPO to a more permanent order or extend the status until after the environmental protection or rehabilitation is fully complied with. The SC says the rules are not all in favor of the petitioners as they also provide a recourse for defendants called “strategic lawsuits against public participation” or SLAPP.
Both petitions for the issuance of the Writs of Kalikasan and Mandamus, according to the SC, are exempt from the payment of docket fees. Hence, with all these, the law becomes the cheapest and quickest way to correct environmental problems.
Environmentalist-lawyers Antonio Oposa, Jr. and Gloria Estenzo Ramos of the Global Legal Action on Climate Change praised Chief Justice Reynato Puno and the entire Supreme Court for coming up with the law during their watch, describing such development in the nation’s courts as a “first in the world.”
In the petition for the writ to be filed in the case of the Irisan dumpsite mess and against Baguio City and whoever may be responsible, Cosalan said lawyer Pablito Sanidad who has committed himself, will head the legal team.
Now private citizen and former SC Chief Justice Puno as one of the authors of the law will help review the petition before it is finally filed in court, Cosalan said, while Atty. Francisca Macli-ing Claver also committed to help.
World renowned National Artist Ben Cabrera who has established an art gallery and museum along Asin Road, together with a dozen neighbors, is one of the leading complainants in the case.
As a distinguished artist and a resident of Asin Road that has been very much affected by the Irisan trash slide, Cosalan said, BenCab has the right to complain. It was reported that during the trash slide, BenCab’s friends who were visiting his museum were stranded in his building.
By the way, as of this writing, people from Barangays Tadiangan and Nangalisan in Tuba have been sending SMS messages to inquire if they can also testify for and in behalf of their environment.
To support their complaint, they have sent us pictures which I will have to distribute to some media outfits that may have important use of them. This, even while affidavits and documents are being prepared in support of BenCab’s petition.
As for the participation of the municipal officials of Tuba, my unsolicited advice is that they should support the filing of the petition as officials or as private individuals, or none at all. They have a choice.
The fact is that the municipality has already forwarded to the city a resolution for actions that the latter should act on.
Also, I learned from Councilor Blas Dalus that Tuba Mayor Flor Bentres hired people to help clean away the Irisan trash slide after agreeing with Baguio Mayor Morris Domogan that their efforts will be paid by the city.
However, when Bentres gave the list of the cleaners, he was told that they cannot be paid because audit cannot allow it. Bentres felt deceived and cheated.
***
A feeling of DeJavu came when I first heard of the appointment of C/Supt. Benjamin Magalong as new Cordillera police director.
It also proved two things – that history repeats itself with the fact that almost the same set of older newsmen who covered Rogelio C. Aguana as a young police lieutenant until he retired as C/Supt., are again on the beat with C/Supt. Magalong after covering him also as a young lieutenant in the 80s.
And secondly, that I am in the wrong business, considering that people have moved on from being young lieutenants to becoming police generals.
Whatever, colleagues believe that Baguio boy Benjie Magalong’s new post, which he claims to be a “community relations” work, after being a police operator for almost his entire career, is best suited for him.
Police generals Aguana and Eugene Martin, to name a few, were indeed very close to the people they served when they were at the top post, and that is what I think the position asks for, as compared to some who only were concerned with their personal interests, whims and caprices, and collecting “awards that really meant nothing” when they were there.
Just like anybody else, and just like what governors Elias Bulut Sr., Taquing Bersamin and Eugene Balitang wanted to happen in the provinces of Apayao, Abra and Ifugao, he said “the rule of law must prevail.”
Magalong promised that during his watch, there will be more engagement, people’s consultation and participation on police matters, as he will involve people in decision-making on crime prevention and problem solving.
“I am not asking for your trust and support, but allow me to earn your trust and confidence,” he said.
He simply wants peace in the Cordillera. Let’s give it to him. – marchfianza777@yahoo.com
I could just imagine two members of the municipal council exchange conversations after Benguet Representative Ronald M. Cosalan spoke the phrase “Writ of Kalikasan.”
Not a few people, including those in Tuba, were caught surprised and scrambled to find out what it was all about… me included.
Of course, many have heard of it before but have not taken a second look at it until the tragic Irisan dumpsite incident on August 27, 2011, and until Cong. Cosalan brought it out as a remedy for the environmental destruction.
The Supreme Court defines the Writ of Kalikasan as the “remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-govermental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.”
Eco warriors consider the law as a new weapon in their fight against environmental destruction. Lawyers say the law is very practical as it paves the way for quick legal action on environmental cases and dispenses with extensive litigation. Based on the rules set by its framers, the high court will have to render judgment on petitions for a Writ of Kalikasan in 60 days.
Here, regular courts can also grant a 72-hour temporary environment protection order (TEPO), similar to a regular restraining order, if the case is deemed a matter of “extreme urgency” wherein the petitioner faces “grave injustice and irreparable injury.”
The court may then convert the TEPO to a more permanent order or extend the status until after the environmental protection or rehabilitation is fully complied with. The SC says the rules are not all in favor of the petitioners as they also provide a recourse for defendants called “strategic lawsuits against public participation” or SLAPP.
Both petitions for the issuance of the Writs of Kalikasan and Mandamus, according to the SC, are exempt from the payment of docket fees. Hence, with all these, the law becomes the cheapest and quickest way to correct environmental problems.
Environmentalist-lawyers Antonio Oposa, Jr. and Gloria Estenzo Ramos of the Global Legal Action on Climate Change praised Chief Justice Reynato Puno and the entire Supreme Court for coming up with the law during their watch, describing such development in the nation’s courts as a “first in the world.”
In the petition for the writ to be filed in the case of the Irisan dumpsite mess and against Baguio City and whoever may be responsible, Cosalan said lawyer Pablito Sanidad who has committed himself, will head the legal team.
Now private citizen and former SC Chief Justice Puno as one of the authors of the law will help review the petition before it is finally filed in court, Cosalan said, while Atty. Francisca Macli-ing Claver also committed to help.
World renowned National Artist Ben Cabrera who has established an art gallery and museum along Asin Road, together with a dozen neighbors, is one of the leading complainants in the case.
As a distinguished artist and a resident of Asin Road that has been very much affected by the Irisan trash slide, Cosalan said, BenCab has the right to complain. It was reported that during the trash slide, BenCab’s friends who were visiting his museum were stranded in his building.
By the way, as of this writing, people from Barangays Tadiangan and Nangalisan in Tuba have been sending SMS messages to inquire if they can also testify for and in behalf of their environment.
To support their complaint, they have sent us pictures which I will have to distribute to some media outfits that may have important use of them. This, even while affidavits and documents are being prepared in support of BenCab’s petition.
As for the participation of the municipal officials of Tuba, my unsolicited advice is that they should support the filing of the petition as officials or as private individuals, or none at all. They have a choice.
The fact is that the municipality has already forwarded to the city a resolution for actions that the latter should act on.
Also, I learned from Councilor Blas Dalus that Tuba Mayor Flor Bentres hired people to help clean away the Irisan trash slide after agreeing with Baguio Mayor Morris Domogan that their efforts will be paid by the city.
However, when Bentres gave the list of the cleaners, he was told that they cannot be paid because audit cannot allow it. Bentres felt deceived and cheated.
***
A feeling of DeJavu came when I first heard of the appointment of C/Supt. Benjamin Magalong as new Cordillera police director.
It also proved two things – that history repeats itself with the fact that almost the same set of older newsmen who covered Rogelio C. Aguana as a young police lieutenant until he retired as C/Supt., are again on the beat with C/Supt. Magalong after covering him also as a young lieutenant in the 80s.
And secondly, that I am in the wrong business, considering that people have moved on from being young lieutenants to becoming police generals.
Whatever, colleagues believe that Baguio boy Benjie Magalong’s new post, which he claims to be a “community relations” work, after being a police operator for almost his entire career, is best suited for him.
Police generals Aguana and Eugene Martin, to name a few, were indeed very close to the people they served when they were at the top post, and that is what I think the position asks for, as compared to some who only were concerned with their personal interests, whims and caprices, and collecting “awards that really meant nothing” when they were there.
Just like anybody else, and just like what governors Elias Bulut Sr., Taquing Bersamin and Eugene Balitang wanted to happen in the provinces of Apayao, Abra and Ifugao, he said “the rule of law must prevail.”
Magalong promised that during his watch, there will be more engagement, people’s consultation and participation on police matters, as he will involve people in decision-making on crime prevention and problem solving.
“I am not asking for your trust and support, but allow me to earn your trust and confidence,” he said.
He simply wants peace in the Cordillera. Let’s give it to him. – marchfianza777@yahoo.com
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