Social Implications of Oposa Case to Philippine Ecology
(Excerpted from “Committed Social Engagement: Catholic Social Teaching at Work in Society (College Textbook), Winifredo T. Nierras, Ph.D, Kindle Self-Publishing, ISBN: 9781073002276, pp. 101-120, June 10, 2019)
The destruction of ecology would not only affect the present generation but also the future generation. This was asserted by the minors in the Oposa vs. Factoran case that they “represent their generation as well as the generations yet unborn.”[1] Chief Justice Davide, Jr, the ponente of the case, said that this is based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. Such a right considers the “rhythm and harmony of nature.”[2] Such rhythm and harmony indispensably include, inter alia, "The judicious disposition, utilization, management, renewal and conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources to the end that their exploration, development and utilization be equitably accessible to the present as well as future generations."[3]
This would mean that every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. The fundamental legal right - right to a balanced and Healthful ecology, is solemnly incorporated in our fundamental law of the land. Section 16, Article II of the 1987 Constitution explicitly provides: “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” This right implies, among other things, the judicious management and conservation of the country’s natural resources which duty is reposed in the Department of Energy and Natural Resources (DENR). Perhaps this right need not even be written in our Constitution because it exists from the inception of humankind. It is not optional but rather a basic question of justice.[4] The action of the minors had shown their “passionate care of our earth and our environment.”[5] From their complaint, we know, even if they are young, that our natural resources are not to be exploited as though they are inexhaustible. They understand that destruction of ecology can be irreparable and irreversible. Apparently, their care for mother earth is an exercise of faith. Since, "Faith recognizes that the earth’s environment has to be nurtured and cared for. Its destruction not only spells the end of the support system of life but also betrays our stewardship of God’s creation."[6] The destruction or crisis of our ecology today is brought about by many factors like deforestation which is mentioned in the Oposa case. The Catechism of the Catholic Church is reminding us to exercise responsible dominion over nature, not only to use its goods responsibly, but to treat them with real respect as gifts from our Creator.[7] Widening Circles of Caring In the Oposa case the 44 complainants prayed for the cancellation of the Timber License Agreement (TLA). They claimed that they filed the case for and in behalf of “their generation as well as generations yet unborn.” One of the most loving things we can do for ourselves and those we care about (including our unborn children and great-grandchildren) is to live more lovingly in and for the earth, environment, ecology or biosphere on which all our futures depend. To love ourselves and others effectively involves loving in widening circles of caring, like a pebble dropped into a pond. These widening circles of care for the whole human family and for the Mother Earth can link us with those in other lands, nationality and faith-traditions who also care about the earth. The wise words of an inspired Pacific Northwest Native American named Chief Seattle, spoken in 1854, are powerfully relevant today in relation to the Oposa case. Chief Seattle exhorts us, "Teach your children what we have taught our children: The earth is our Mother … This we know. The earth does not belong to humans; humans belong to the earth. This we know. All things are connected like the blood which unites one family … Whatever befalls the earth befalls the children of the earth. People did not weave the web of life, they are merely a strand of it. Whatever they do to the web, they do to themselves."[8] This deep respect for and affinity with the earth is reflected and intimately connected to the prayer of the 44 minor-complainants in the Oposa case who sought the cancellation of the Timber License Agreement (TLA). Because they became aware of the increasing threat of deforestation to “their generation as well as generations yet unborn.” They are the most dedicated, passionate, and untiring stewards of Mother Earth of our time. What the 44 minor-complainants did is a challenge to all of us who are in the university. Perhaps they have heard Mother Earth crying at the breakdown of its life support systems as indicated by what they have claimed like water shortages, salinization of the water table, massive erosion, endangering and extinction of country’s rare species, disturbance and dislocation of cultural communities, recurrent spells of drought, increasing velocity of typhoon winds, and flooding of lowlands. It seems that the immune system by which Mother Earth heals itself is being irreparably injured. Do we also hear and feel the sound of Mother Earth crying as what the 44 minor-complainants probably have heard and felt? When we break our connection with God, neighbor and creation, we eventually do injury and violence to ourselves, others, and to the earth. In the introduction of Laudato Si, Pope Francis writes something about the earth crying. He asserts, "This sister [earth] now cries out to us because of the harm we have inflicted on her by our irresponsible use and abuse of the goods with which God has endowed her. We have come to see ourselves as her lords and masters, entitled to plunder her at will (no. 2). Instead of caring for the earth, which is our ‘common home,’ we have made it “look more and more like an immense pile of filth” (no. 21). The action of the 44 minor-complainants echoes the message of God written by Pope Francis in Laudato Si. The Scripture tells us particularly in the Book of Genesis that after creating the heavens, the earth, the sea, and man and woman, “God saw everything that He had made, and behold, it was very good” (Gen. 1:31). Mother Earth is God’s creation and is God’s gift to all of us. He created it perfectly good so that we may discover Him behind its beauty and perfection. But not everything in it is unlimited and renewable. In the encyclical Sollicitudo Rei Socialis, Saint Pope John Paul II reminded us that: "Natural resources are limited; some are not, as it is said, renewable. Using them as if they were inexhaustible, with absolute dominion, seriously endangers their availability not only for the present generation but above all for generations to come" (no. 34). Mastery or domination over the universe, according to Pope Francis, should be understood more properly in the sense of responsible stewardship. This is our Christian vocation, our call from God. “Living our vocation to be protectors of God’s handiwork is essential to a life of virtue. It is not optional or a secondary aspect of our Christian experience.”[9] Philippine Landmark Teaching on Ecology At the national level we have landmark teaching, decision, and rules that mark as the turning point of our intervention to protect ecology. The teaching comes from the Church, the decision from Philippine jurisprudence, and the rules from the promulgation of the Philippine Supreme Court. First, the pastoral letter of the Catholic Bishops Conference of the Philippines (CBCP) which was published on January 29, 1988. This letter is entitled “What is happening to our beautiful land?” This is a landmark document of the Church on environment. Roy Lagarde in the CBCP news states that, "This [CBCP pastoral letter] is the world’s first pastoral letter of Catholic Church on the environment… it was even adopted and published by the United States Conference of Catholic Bishops. He further stated that ‘Pope Francis have cited or quoted portion of the statement in the CBCP pastoral letter in his encyclical Laudato Si, to wit: “Who turned the wonder world of the seas into underwater cemeteries bereft of color and life?”[10] The above-cited statement is a recognition of the pastoral efforts of the Philippine Church, which seems to be far ahead than Laudato Si which was published on May 24, 2015, in the area of ecological stewardship. Although Laudato Si is said to be the Vatican’s first major teaching, after almost three decades, on the environmental and climate change. Second, the 1993 Oposa case which was made possible by a Constitutional provision on the right to environment.[11] The case challenged the issuance of timber license agreements by the Philippine government, based on the argument that the resulting deforestation constituted a violation of their [children] and future generations’ constitutional right ‘to a balanced and healthful ecology.[12] In its decision, the Supreme Court (SC) of the Philippines confirmed the ‘concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned.’[13] This is implied that ‘every generation has a responsibility to the next to preserve … ecology. In asserting their right to a sound environment in this lawsuit, according to the SC, the 44 minor-complainants have performed ‘their obligation to ensure the protection of that right for the generation to come.' The Oposa judgment made a critical landmark contribution by this recognition of intergenerational equity and the implications thereof, including legal standing for the minors involved.[14] Third, the Writ of Kalikasan promulgated on April 13, 2010 by the Supreme Court of the Philippines. It is a remedy which is available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental 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.[15] This remedy appears to be a significant catalyst in support of sweeping and far-reaching reforms in environmental litigation and protection. Perhaps the Rules are the first of its kind in the world. Impact Ecological Destruction The important highlight of Pope Francis’ visit to the Philippines is undoubtedly the few hours he spent in Tacloban City and Palo. The Eucharistic celebration that he celebrated at the airport in Tacloban was attended by mostly the poor people of the city and adjacent areas who are made poorer by the impact of “Yolanda.”[16] They attended the celebration even if they were drenched by rain and battered by the strong winds of Typhoon Amang. The Pope comforted them as he manifested his desire to embrace their pain and grief. The occurrence of disastrous calamities owing to climate change worsen the already serious poverty situation of the country. The irony is, according to Karl Gaspar, those who have contributed the least to global warming are the ones who suffer most from the impact of climate change.[17] We can no longer afford to ignore the impact of ecological destruction after experiencing the tragedy wrought by Tropical Storm “Sendong” and Super typhoon “Yolanda” which violently claimed more than a thousand lives and destroyed infrastructure and properties in Mindanao and Leyte respectively. In fact, until now, the survivors are still traumatized by painful memories. For them, the ecological nightmare was simply too much of a reminder of man’s gross neglect, if not abuse, of Mother Nature. This neglect or abuse is a manifestation of the violence present in our hearts wounded by sin which is reflected in the symptoms of “sickness evident in the soil, in the water, in the air and in all forms of life.”[18] This reality reminds us of our relationship with Mother Nature as our common home. Pope Francis stated in Laudato Si that: "When we speak of the ‘environment,’ what we really mean is a relationship existing … nature cannot be regarded as something separate from ourselves … we are part of nature, included in it and thus in constant interaction with it (no. 139). In this context, the pope has invited all of us to “take care of creation, each according to our own culture, experience, involvements, and talents;” (no. 14) and called us to ‘conversion’ (no. 16). In a powerful statement, he said that ecological conversion can happen when we allow the “effects of their [Christians] encounter with Jesus Christ [to] become evident in their relationship with the world around them” (nos. 215-216). Common Good The case of 44 minor-complainants in Oposa vs. Factoran,[19] has provided us the right to a balanced ecology which is an enforceable legal right. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment for the sake of the common good not only for the present but also for the future generation. The action of the minors is supported by Pope Francis. In his encyclical, the pope is explicit in his message that there is a need to protect an integral ecology,[20] not just for this generation, but also for future generations. For him, an integral ecology is a common good that we should all strive to conserve. Doing so would require concerted action by all people of good will and by all stakeholders. At the heart of the Catholic Social Teaching is the concept of the Common Good. This principle should guide the Secretary of Department of Environment and Natural Resources in the Oposa case regarding the approval of the application or issuance of the Timber License Agreement (TLA). In this regard, we can ask: “Who would benefit from the issuance of Timber License Agreement (TLA)?” There is no doubt that the applicant of the license will generate spectacular profits once the Timber License Agreement (TLA) is approved. However, should the decision of the Honorable Secretary be determined only by financial considerations? Mother Nature is severely damaged by human decisions that assaulted it and go against the will of God. The assault on creation is sinful and contrary to the teachings of our Christian faith. Our faith tells us that the environmental calamities are not the will of God. The dominion granted to us by God is not an absolute power, nor can one speak of freedom to “use and misuse,” or to dispose of things as one pleases. The limitation imposed from the beginning by the Creator Himself and expressed symbolically by the prohibition not to “eat of the fruit of the tree” (Gen. 2: 16-17) shows clearly enough that, when it comes to the natural world, we are subject not only to biological laws but also to moral ones [common good], which cannot be violated with impunity.[21] Pope Francis interpreted the story in Genesis 2: 16-17 as establishing a mutual relationship between humans and Mother nature. He asserts in Laudato Si that “the Bible has no place for a tyrannical anthropocentrism unconcerned for other creatures” (no. 68). In that relationship we are reminded that creation belongs to God, it is not ours. “We are not God. The earth was here before us and has been given to us” (no. 67). Our relationship to God is intimately connected not only with our relationship to our neighbors but also to nature. Failure to care for both, “ruins my relationship with my own self, with others, with God and with the earth” (no. 70). When we profess that creation belongs to God, we accept that all our claims of private property are under a fiduciary relationship. [1] Cf. G.R No. 101083, July 30, 1993 [2] Nature means the created world in its entirety. For further reading refer to Webster’s Third New International Dictionary, unabridged, 1986, 1508 [3] Cf. Title XIV Environmental and Natural Resources, Book IV of the Administrative Code of 1987, E.O. No. 292 [4] Cf. Pope Francis, Laudato Si, no. 159 [5] Cf. Catechism for Filipino Catholics, no. 1146; Second Plenary Council of the Philippines, nos. 321-324; SRS, no. 26, 34; CBCP, What is Happening to our Beautiful Land?, Jan. 29, 1988 [6] Cf. Second Plenary Council of the Philippines, no. 79 [7] Cf. Catechism for Filipino Catholics, no. 348 [8] Cf. Clinebell, Howard Ph.D. Well Being: A Personal Plan for Exploring and Enriching the Seven Dimensions of Life. Kadena Books, 1992, page 187 [9] Cf. Laudato Si, no. 217 [10] June 25, 2015 [11] Cf. Section 16, Article II of the 1987 Constitution [12] Cf. Oposa Judgment 1994, pp. 180 and 187 [13] Ibid., p. 185 [14] Cf. Salih, Mohamed, ed. Climate Change and Sustainable Development: New Challenges for Poverty Reduction, 2009, p. 82 [15] Cf. Rules of Procedure for Environmental Cases, Sec. 1, Rule 7 [16] Known as super typhoon Haiyan. For further reading refer to Gaspar, Karl M. MindaNews, 21 February 2015. [17] Cf. Gaspar, Karl M. MindaNews, 21 February 2015. [18] Cf. Pope Francis, Laudato Si, no. 2 [19] Cf. Volume 224 Supreme Court Reports Annotated, page 792 (1993) [20] Cf. Pope Francis, Laudato Si, no. 53 [21] Cf. Pope John Paul II, Sollicitudo Rei Socialis, no. 34 |
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