ISSUES, CONCERNS, AND CHALLENGES IN ENVIRONMENTAL ADJUCATION IN THE PHILIPPINE COURT SYSTEM
ISSUES, CONCERNS, AND CHALLENGES IN ENVIRONMENTAL ADJUCATION IN THE PHILIPPINE COURT SYSTEM
DOMINIC NARDI
GEORGETOWN UNIVERSITY
“Environmental cases are usually novel and unique, with no precedent that can rely on for guidance”1
I. Introduction The court system is an integral part of environmental enforcement in the Philippines and has made many important contributions to the field. However, environmental cases do not always progress smoothly through the judicial system. This paper is intended to identify important legal issues in the judicial system that affect or limit environmental adjudication.2 The issues are divided between access to and competency of justice, and legal procedures. While many of these issues could be analyzed further, this paper will highlight the ones to which attention should be paid in any more comprehensive study of Philippine environmental case law.3 This paper will also use examples and case studies from the United States to illustrate important legal points, since the U.S. and Philippines have similar legal systems.
II. Issues
A. Legal Procedure and Rules of the Court
Because of their unique and complex nature, environmental cases are sometimes hindered by legal mechanisms and rules of procedure designed for non-environmental cases. These include rules on standing and class action suits that often do not take into account the fact that environmental damage impacts all citizens. Furthermore, the nature and science of environmental violations often means that statutes of limitations, evidentiary rules, and burdens of proof are not suitable. Some of these issues can be handled internally by the judicial system by instructing lower courts to apply rules liberally. The impact of all of these issues, and how many actually present problems for plaintiffs, is crucial.
1. Standing of Plaintiffs and Citizens Suits
In environmental cases, a plaintiff may not necessarily be legally injured in the traditional sense by an
DOMINIC NARDI
GEORGETOWN UNIVERSITY
“Environmental cases are usually novel and unique, with no precedent that can rely on for guidance”1
I. Introduction The court system is an integral part of environmental enforcement in the Philippines and has made many important contributions to the field. However, environmental cases do not always progress smoothly through the judicial system. This paper is intended to identify important legal issues in the judicial system that affect or limit environmental adjudication.2 The issues are divided between access to and competency of justice, and legal procedures. While many of these issues could be analyzed further, this paper will highlight the ones to which attention should be paid in any more comprehensive study of Philippine environmental case law.3 This paper will also use examples and case studies from the United States to illustrate important legal points, since the U.S. and Philippines have similar legal systems.
II. Issues
A. Legal Procedure and Rules of the Court
Because of their unique and complex nature, environmental cases are sometimes hindered by legal mechanisms and rules of procedure designed for non-environmental cases. These include rules on standing and class action suits that often do not take into account the fact that environmental damage impacts all citizens. Furthermore, the nature and science of environmental violations often means that statutes of limitations, evidentiary rules, and burdens of proof are not suitable. Some of these issues can be handled internally by the judicial system by instructing lower courts to apply rules liberally. The impact of all of these issues, and how many actually present problems for plaintiffs, is crucial.
1. Standing of Plaintiffs and Citizens Suits
In environmental cases, a plaintiff may not necessarily be legally injured in the traditional sense by an