By Camille A. Aguinaldo

THE Consultative Committee (ConCom) tasked to review the 1987 Constitution plans to expand the coverage of environmental rights in the new draft Charter’s bill of rights, with the inclusion of a strengthened writ of kalikasan.

“By doing so, this will be putting at par this right to a healthy environment with the civil and political rights of the people. Meaning to say, this right to a healthy environment will be equally demandable against the state and its agencies,” ConCom chairman and former chief justice Reynato S. Puno said during a press briefing at the Philippine International Convention Center (PICC) in Pasay City.

The ConCom’s proposed coverage includes:

• Right to clean air and clean water

• Right to a healthy environment and ecology

• Right to the preservation of ecosystems

• Right to be protected from activities that destroy the environment

• Right to sustainable development

• Right to compensation for damage to environment

• Recourse to courts for immediate protection

• Stronger writ of kalikasan in the bill of rights so that it may not be subject to withdrawal or revision by the Congress or the Supreme Court.

Under the present Constitution, environmental rights have been enshrined briefly in Article 2, Section 16 which states that: “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.”

With the inclusion of the writ of kalikasan in the draft Constitution, Mr. Puno hoped the legal remedy would be reviewed by the Supreme Court (SC) and by Congress so it would be strengthened.

“By including this in the bill of rights, the right will be demandable against the State,” he said.

The writ of kalikasan is a legal remedy filed at the SC which provides for the protection of the constitutional right to a healthy environment. It was promulgated in 2010 back when Mr. Puno was then chief magistrate.

The SC has issued the writ against government and corporation projects, including the oil pipeline of the Lopez-owned First Philippine Industrial Corp. (FPIC) under a condominium in Makati City in 2010 and the P14-billion reclamation project in Manila Bay in 2012.

Mr. Puno said the expanded environmental rights in the new Constitution would have a self- executing provision under its bill of rights. The provision would be formulated by the ConCom subcommittee on rights, obligations, social justice before it would be voted upon by the en banc in mid-April.

Asked about the exploration of natural resources, Mr. Puno said the matter would be separately discussed by the ConCom’s subcommittee on economic reforms.

DUTERTE CAN’T EXTEND TERM
On political matters of the draft Charter, Mr. Puno said President Rodrigo R. Duterte would no longer be allowed to extend his term once the new Constitution is implemented.

“There is no holdover provision. By that time, we have shifted to (a) federal form of government…The term limits under the 1987 Constitution would still be binding,” he said.

He assured that the transition period for adopting a federal form of government would not go beyond 2022 when Mr. Duterte’s term ends.

The former chief justice added that it would be “almost impossible” to hold the plebiscite for the new Constitution in October, as previously floated by some lawmakers.

“Congress would still have to convene as a constituent assembly and right now the Senate has not convened to join the…House in a constituent assembly. Assuming the Senate agrees, then that will just be the start of their deliberations and I suppose that would take some time,” Mr. Puno said.

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