By Atty. Rita Linda V. Jimeno

The future of our children and grandchildren no longer appears as bleak as I have always feared it to be. I do not refer to the economy which I leave to the economists to talk and write about. I refer rather to something much bigger - the state of our very sources of life: land, air and water which, incidentally, carry the acronym LAW.

I have written many times about the poor prognosis of our country which is an archipelago consisting of 7,107 islands, in responding to the threats of climate change. Why? Scientists have declared our islands as among the most vulnerable to the dangers of climate change. Sea levels rise as the ocean gets warmer and the ice in the arctic region melts. Much of our land areas, they predict, will be submerged in sea water in about ten or less number of years. That is, unless we act now to mitigate climate change.

My optimism that this inevitable phenomenon may be mitigated springs from the real efforts of no less than the judicial and the executive branches of our government to address the problems of the environment. The Supreme Court, for one, has created green or environmental courts to hear violations of environmental laws such as illegal logging, illegal fishing, solid waste law violations and a host of many other offenses men commit that destroy the air we breathe and the sources of our water and food. For another, the Supreme Court is organizing an environmental summit to be held in Baguio city in mid-April of this year to be attended by heads of agencies which have a role to play in protecting the environment, lawyers and civil society. Taking its cue from the Philippine Constitution which says that the Filipino people have the right to a healthful ecology, the Supreme Court views the people?s access to clean air and water and a healthy environment as a right that must be protected by the courts of law and a necessary component of the Supreme Court?s program to afford the Filipino people access to justice. The commitment of the Supreme Court to environmental protection and restoration was first made evident when it promulgated in December 2008 a decision ordering several government agencies led by the Metro Manila Development Authority and the Environment Department to clean up Manila Bay and all rivers and tributaries emptying out into Manila bay until it is back into its swimmable state. The Supreme Court in that decision introduced for the first time the concept of continuing mandamus to ensure that the government agencies so directed to clean up Manila Bay, and other bodies of water, will not stop until their task is done.

What I did not expect to see happening was the issuance of a comprehensive executive order by the President in addressing the inevitable threat of climate change. Climate change is the sum effect of man?s abuse of the environment. As Environment Czar, President Arroyo issued Executive Order 774 on Jan. 27?an unprecedented directive?which, if faithfully carried out, will solve much of the problems that threaten our very lives and our children?s future. As a rationale for the executive order, the President says that if we do not immediately and sufficiently curb carbon and other toxic emissions and if we do not stop forest loss, the catastrophic effects of climate change will surely hit us.

The order will move all government agencies into immediate action because it has timelines for accomplishing the President?s orders. First, she has set aside Friday as a Green Day where she will personally visit government agencies to check if they are complying with the solid waste management law. She calls this the most basic environmental responsibility. Compliance with this law involves the significant reduction of waste by segregating the biodegradables from the recyclables. The biodegradable waste must go to composting while the recyclables must be re-used and recycled. The president committed to continue with the weekly visits until the attitudes of government employees have shifted to a CPR economy?conserve, protect and restore.

Under the order, all local government units are given six months from its issuance to cut by 50 percent their waste generation. The Environment Department has been tasked to monitor compliance by municipalities and cities with this directive. The local government units cannot use the excuse of a lack of budget because, in fact, zero waste, is possible with an intensive campaign among homeowners and business establishments to compost the biodegradables and re-use or recycle plastics, aluminum, metal and paper.

Next, the president ordered the environment department, through the order, to identify and delineate the forest lines, as mandated by the Constitution, within six months. To accomplish this, the President ordered that a portion of the P2 billion allocated for reforestation be applied to the delineation and boundary-setting of the forests. Forest cover, we should know, protects our sources of water. The trees keep the water from evaporating and enable man to capture it from the ground. They also prevent soil erosion and landslides.

One of the most significant provisions in the order was the directive to the Public Works Department to put in place efficient rain water collection systems. In the rainy season the volume of rainwater causes floods that destroy lives, crops and structures. Yet, the rainwater which comes in huge volumes goes to absolute waste. When the dry season comes there are areas in the country with no water resulting once again in the destruction of food crops and even lives. Collection of rainwater is being done in many countries, one of which is Singapore, and they have been very successful at it.

The Education Department was ordered to incorporate in its curriculum the subject of environment. Thus, by the opening of classes in the coming school year, science subjects will include environmental conservation, protection and restoration topics.

Coastal towns and cities are mandated to identify and define within six months marine sanctuaries to ensure that food supply from the seas will remain sufficient. Marine sanctuaries, as provided in the Fisheries Code must comprise at least 15 percent of municipal waters.

The President?s executive order presents a unique opportunity for her to leave a legacy that will ensure her a niche in Philippine history. Her image and credibility have been at below zero. But if the substantial provisions of Executive Order 774 come into fruition before the end of the President?s term, she will have accomplished enough to say she made good her promise of being a good president.

E-mail: ritalindaj@gmail.com Web: www.jimenolaw.com.ph