Policies on Energy Efficient and Environmentally Sound Technologies of the provisions of the Constitution. According to Amado Tolentino: "The first hierarchical legislative level of any country is the Constitution. No doubt, constitutional provisions help highlight a national priority and thereby influence future legislative policies and executive actions14. The Constitution embodies the fundamental environment and energyrelated policies, which affect the promotion of E3ST in the country. These policies are the (a) promotion and advancement of the right of the people to a healthful and balanced ecology, (b) protection and promotion of the people's right to health, (c) recognition of the people's rights to due process, information, just compensation, and to participate in nation building, and (d) State ownership of resources within the territory under the Regalian Doctrine. As a consequence of these fundamental policies, the government controls and/or prohibits air, land, and water pollution and other forms of uncleanliness or unsanitary practices. The immediate reason for this policy is to ensure that the government protects public health and prevents any harm to the people and ecosystems as a result of calamities brought about by pollution. In line with such a policy, the government prohibits the environmentally destructive activities or those that destroy the natural resources. It also requires the owners or operators of projects and undertakings to use suitable remedies to prevent or minimize the emission of pollution. Such policies are necessary so as not to disrupt the "rhythm and harmony of nature" and to attain an environment quality that is conducive to a life of dignity and well being. In relation to the use of suitable remedies, the government requires the use of the best practicable means and improved disposal processes to minimize the production and impacts of harmful wastes. The use of the best available technology in manufacturing and industrial activities and processes is also necessary to increase efficiency and productivity, and to conserve the use of energy. By virtue of State ownership of the natural resources under the Regalian Doctrine, the government regulates the allocation and use of natural resources for the general benefit of the people. In relation to this policy, the government protects certain plant and animal species, as well as certain areas such as those suitable for the establishment of national parks. Specifically, the government, through the NIPAS Law, promotes an intensive and integrated program of environmental protection that will bring about a concerted effort in protecting the whole spectrum of the environment. The government's adoption of the philosophy of sustainable development is consistent to the fundamental policy that promotes and advances the right of the people to a balanced and healthful ecology. This fundamental policy is supplemented by statutory policies aimed to ensure the productive and enjoyable 14
Amado S. Tolentino, Jr., "Review of Environmental Legislation and Administration and its Application in Selected DMCs" in Environmental Planning and Management, ADB, 1986.
Alan S. Cajes
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