Policies on Energy Efficient and Environmentally Sound Technologies 2. Constitutional Framework The Philippine Constitution, being the fundamental law of the country, provides the framework for policy and lawmaking in the land. Its provisions highlight the national priorities and influence future legislative policies and executive decisions. In the area of environment, the following constitutional principles are applicable: (1) policy on environment, (2) policy on resource utilization, and (3) policy on due process and people participation. 2.1 Constitutional policy on environment The 1987 Philippine Constitution is definite about the importance of the people’s right to health and ecological security. The two provisions that directly address this concern are: • •
Art. II, Section 16: “That 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.” Art. II, Section 15: “The State shall protect and promote the right to health of the people and instill health consciousness among them.”
In the case of Oposa vs. Factoran (The Children’s Case), the Supreme Court of the Philippines defined what is meant by the right to a balanced and healthful ecology. In defining the meaning of the phrase "rhythm and harmony of nature,” the Court said: Nature means the created world in its entirety. 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. The Court also recognized the primacy and centrality of the right to ecological security and health among the many rights assured by the Constitution. It said that: While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Such a right belongs to a different category of rights altogether for it concerns nothing less than selfpreservation and self-perpetuation – the advancement of which may even be said to predate all governments Alan S. Cajes
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