October 2011 Volume 5 No. 1

VOLUME 5, NO. 1 OCTOBER 2011

Contents

EDITOR’S NOTE

Choose to Act and Do It Today

3

Fish kill in Batangas, vegetable frost in Benguet, 38.5 de-

gree temperature in Tuguegarao, Reming, Ondoy, and now, Pedring – one would think that these occurrences are just natural disasters which cannot be avoided.

Our country has been experiencing these unusual weather and environmental changes in the past years. We may have acknowledged that these are the effects of global warming and climate change. But have we been remiss in our duty as residents of this country to contribute in helping lessen these effects? Or are we just in denial that climate change does not only affect the environment but our lives as well?

The Philippines is an archipelago consisting of more than 7,000 islands, with a land area of almost 300,000 square kilometers and has one of the largest coral reef covers in the world. While these things make our country rich in natural resources, these are likewise the reasons why the Philippines is vulnerable to the effects of climate change; and the increasing number of our inhabitants aggravates such vulnerability.

With the growing population comes the increase in the amount of garbage produced everyday.

Our population has grown by a huge margin from 94 million in 2010 to almost 102 million at present. A standard family produces an average of 100 pounds of garbage a week, equivalent to 2.4 tons in a year. Styrofoam and glass bottles take one million years to fully decompose, while plastic beverage bottles take 450 years. Plastic bags take 20 years, a cigarette butt takes up to five years, and newspapers take up to six months to break down. And the list goes on.

One may argue that there is no way we can avoid producing these wastes. I agree. But this does not mean we cannot do something about it. We may not be able to stay away from generating garbage, but we can steer clear of producing this much.

We, at The Red Chronicles, believe, that each and every one of us plays a role in both the preservation and deterioration of the environment and our natural resources. The simplest things we do have an effect, good or bad, in our environment. A piece of paper, leaking water faucets, and lights left turned on – these are just few of the things we do, although oftentimes inadvertently, that create a huge impact in our environment.

In this issue, The Red Chronicles focuses on environmental awareness and the law. On our cover, we present Gawad Kalinga and their mission to end poverty by building communities.

We share their vision of restoring human dignity thru nation building and community development and education.

We also feature the National Greening Program of the Department of Environment and Natural Resources. In addition to this, we give prominence to various environmental advocates in the field of law – Atty. Antonio Oposa, Jr. and Amb. Amado Tolentino. We have also ventured thru the beauty industry as we spotlight two internationally acknowledged brands of natural and eco-friendly products – O.N.E. Naturales and Human Nature. And in our continuing commitment to deliver news that matters, we present the different environmental issues and laws - because we believe that as part of the legal community, we should keep ourselves abreast of these things.

With enough knowledge and willingness, we can choose to do something, no matter how small it is, to contribute to the betterment of our environment. We all have one life to live and one world to revel in; let us all do our part in the conservation and protection of what we have.

We may not be able to prevent global warming or climate change, but we can do something to lessen its effects. Time will always be a challenge, but we have no second left to waste. If we do not act now, when?

2

DEAN’S ASSEMBLY FRESHMEN ORIENTATION

4

6

EDITOR’S NOTE

A TRIBUTE TO FR. ANDY ROBING CEREMONY

5

FRESHMEN ELECTIONS RECRUITMENT WEEK

DEAN ULAN’S BOOK LAUNCH

7

13

14

RUBY ANNIVERSARY

8

NEW PROFESSORS

10 EDITORIAL 11 OPINION

SOLID WASTE DISPOSAL NOTABLE ECO-HEROES

MANILA ZOO CLOSURE ANIMAL CRUELTY VIDEOS

15

RAPE OF OUR SEAS PREYING ON PALAWAN

16 GAWAD KALINGA 18 NATIONAL GREENING PROGRAM

20 PORTRAIT OF A CRUSADER 22 GOVERNING A GLOBAL CRISIS

24

O.N.E. NATURALES HUMAN NATURE

27 SMOKING BAN 28 SLG REPORT PLASTIC BAN

31

30

RENEWABLE ENERGY IN THE RED CORNER

COMICS AND LITERATURE

Aretha Eugenio Editor in Chief

OFFICIAL EDITORIAL BOARD

Aretha Eugenio Editor-in-Chief Ma. Katerina Santiago Associate Editor Laisa Mae Aguila Managing Editor Mary Sayeh Hassani EIC Emeritus Atty. Rita Linda Jimeno Faculty Adviser Joey Alfonso News Editor Rio Dizon Features Editor Dugie Dela Cruz Literary Editor Exequiel Valerio Senior Photographer Staff: Alel Auxillos Bunny Bañaria Carissa Barcena Stephanie Dandal Ron Esquivel Raymond Santos Estrella Laida Isidro Roselle Jimeno Michael Lorico Magic Movido Angelo Murillo Arianne Pascual Tia Perfecto Rose Ann Reyes Mayan Saidamen Layout: Luvimindo Balinang Jr. Samantha Santos Carlo June Tibayan Photographers: Maureen Betita Philip Cariaga Miguel Llave Cartoonists: Bradly Listones Jonathan Vitug Logistics: Mike Catbagan

2

THE RED CHRONICLES VOL. 5 NO. 1

NEWS

Dean’s Assembly By CARISA BARCENA The first Dean’s Assembly for School Year 2011-2012 was held at

the St. Maur Auditorium last September 5, 2011. The assembly commenced upon the arrival of Atty. Ulpiano Sarmiento III, the Dean of San Beda College Alabang – School of Law. In the assembly, he imposed and amended some rules and regulations for the students to follow. Enumerated herein are those that he mentioned.

No Free Cut Policy Dean Ulan stated that it is the class beadle’s responsibility to inform the Dean’s Office about the absence or inability of the professor to attend class. In lieu of class recitations, the Dean’s Office would give a quiz that is limited to the scope of the assignment for that day. Should there be no word from 1-­‐hour class 30 minutes the professor after the lapse of the 2-­‐hour class 1 hour following periods, the class beadle 3-­‐hour class 2 hours should inform the Dean’s Office of 4-­‐hour or more 2.5 hours the situation.

Release of Grades Grades should be released within 30 days from the last day of the examinations. This will apply to both midterm and final exams.

Appeal System If a student wishes to appeal and ask for a recomputation of his or her grade, a written petition must be filed within 10 days from the release of the grades. This should be addressed solely to the dean.

The dean’s decision shall be final and executory.

Mandatory Examinations The schedule of the exams is not subject to change, even if such change has been agreed upon by the professor and the class.

Retention and Double Failure Rule (suspended temporarily) Both are grounds for non-admis1st year 78 sion of students for the succeeding 2nd year 79 school year. The following are the 3rd year 79 required minimum qualified point 3rd-­‐4th year 80 average for retention:

Lions of Alabang on Law School Tides:

SBCA-SOL Welcomes the Freshmen

By ANGELO MURILLO

T

he San Beda College Alabang – School of Law (SBCA-SOL), formally welcomed the incoming students and transferees in an orientation program themed “Lions of Alabang on Law School Tides” on June 14, St. Maur Auditorium.

As per the Dean’s Office, a total of 176 students comprised the newest batch of prospective lawyers which consisted of both transferees and freshmen students.

Seminars Held Grouped according to their block designa-

Requirement for Graduation In case a fourth year student fails one subject in the first semester, the student shall be required to re-enroll the subject on a module system, wherein the professor concerned shall give assignments to be covered within a definite period. At the end of the given time frame for each period, an evaluation exam shall be given. If the student passes the module type course, the said student will be allowed to graduate, provided that no other failure is incurred in the 2nd semester.

Mandatory Attendance During Official School Activities The students are required to attend the Robing Ceremony, Dean’s Assembly, Graduation, monthly holy mass, and other activities as may be determined by the dean.

No Smoking inside the Campus Policy The dean provided the penalty for those students who will violate the said policy. In addition, an informer’s reward shall be given to students who will notify the office of any violation. As a privilege, the informer is allowed be excused once in all subjects.

Others PENALTIES • Business attire must be worn 1st offense reprimand in the campus at all times, 2nd offense 2-­‐day suspension even if one does not have 3rd offense 3-­‐day suspension 4th offense 4-­‐day suspension classes. or no readmission • Parking in front of the St. * If aggravated by littering of butts in toilet Maur Building will only be al- closets and urinals, the penalty will be doubledl lowed from 4 pm onwards. Those who arrive early should park elsewhere, preferably in the CAS parking area.

• The iPad, iTouch, iPhone, laptop, and other similar electronic devices are prohibited from being used inside the classroom.

• Recording the professor’s lectures, unless one asks for permission, is not allowed. The penalty is similar to the smoking policy, except that recording the lecture without consultation is subject to serious disciplinary sanctions.

tions, the new students initially underwent a series of lectures regarding the basics of law school life. In addition, several tips on dealing with cases, recitations, and examinations were taught, as part of the seminar.

Freshmen kits which contained materials of aid to law students, were also distributed.

The lectures were spearheaded by this year’s Freshmen Orientation 2011 Committee and the SBCA - School of Law Government (SLG).

Dean’s Assembly Conducted Following the aforesaid seminars was the Dean’s Assembly attended by the students, school officials and faculty members of SBCA-SOL. Rector-President Dom Clement Ma. Roque, OSB gave an opening speech to jumpstart the assembly, announced several improvements the students could look forward to, and mentioned the developing

culture of SBCA-SOL. Furthermore, Dean Ulpiano Sarmiento III warmly greeted both the incoming and returning students of SBCA-SOL as the academic year opened. His speech underscored SBCA-SOL as the perfect choice of law school for it is the “happiest law school on Earth.”

Atty. Bruce Rivera, SBCA-SOL Prefect of Student Affairs, thereafter briefed the students of the school rules and regulations concerning the grading system, class attendance, and dress code, among many others.

Atty. KD Frias, an SBCA-SOL alumnus and now a law professor, also imparted words of wisdom to the incoming students.

The assembly was culminated by the different school organizations as they encouraged the students to join their respective groups.

OCTOBER 2011

3

NEWS

A Tribute to Rev. Fr. Andres Ma. F. Formilleza, OSB

By TIA PERFECTO

Retired Rev. Fr. Andres Ma. F. Formilleza, OSB, better known as

Father Andy, passed away on July 20, 2011. He was a monk of the Abbey of Our Lady of Montserrat in Manila for 51 years, and had been serving as a priest for the Bedan community for 44 years before his untimely death. He had also been appointed as the chaplain of the San Beda College Alabang School of Law community.

The San Beda community, together with the family and friends of Father Andy, gathered for a solemn memorial mass for the repose of his soul last July 22, 2011 at the St. Benedict Chapel inside San Beda College Alabang. The heartwarming service was officiated

by Father Paul De Vera, OSB. During the homily, Fr. Gerard spoke of the wondrous life of Father Andy. He also shared how Father Andy led a Benedictine way of life that glorified God and inspired others. The chapel was filled with members of the community who prayed for his eternal rest, while giving their last respects to the well-loved figure.

Father Andy will always be fondly remembered as “Father Candy”, since he used to keep candies in his pocket all the time. He would give these out to students who asked for his blessing, and gift a loot bag full of sweets to students who were celebrating their birthday.

His legacy and contributions to the Bedan community will never be forgotten, and will incessantly inspire Bedans to live by the rule of St. Benedict: Ora et Labora – prayer and work.

SBCA-SOL Welcomes the New Faces of the Community

By ALEL AUXILLOS

T

he spirit of camaraderie and family ties were once again extended by the San Beda College Alabang – School of Law (SBCA-SOL) to its newest members, as it welcomed its freshmen and transferees in the annual Mass and Robing Ceremony held last September 9, 2011 at the St. Maur Auditorium.

The Mass started at 5 o’clock in the afternoon, followed by the Robing Ceremony. Prefect of Student Affairs, Atty. Bruce Rivera opened the ceremony by introducing the red robe and its significance to the students’ academic foundation. He said that the robe symbolizes the knowledge that shall clothe the new students as they embark on their new journey in the institution.

Afterwards, a welcome song was presented by the SBCA-SOL Chorale, followed by a message from Dean Ulpiano Sarmiento III. Dean Sarmiento emphasized the value of service and allegiance of the new students to their Alma Mater in wearing the “robe of love as a symbol of oneness in community.” During the robing ceremony proper, the new students were called to stand and wear their respective robes, one block at a time, from section S, followed by B,

4

THE RED CHRONICLES VOL. 5 NO. 1

C, A and the transferees.

After the donning of the robes, the School of Law Government External Vice President Dino Austria led the San Beda Pledge for the new SBCA-SOL students, followed by Atty. Rivera’s introduction of the faculty. Attending the ceremony were Judge Gina BibatPalamos, Judge Wilhelmina B. Jorge-Wagan, Atty. Eliza Yamamoto, Atty. Karla Denise Frias, and Atty. Nerisa Cassandra Mendinueto.

COMELEC Commissioner Rene Sarmiento, a member of the esteemed faculty of the SBCA-SOL, closed the robing ceremony by reminding the students of the power of prayer and spirituality, as well as the wonder of having dreams and ambitions. He inspired his audience by mentioning the humble beginnings of great politicians who were once law students. After that, the SBCA-SOL Chorale presented their final song. The ceremony ended not only with words of encouragement and wisdom, but also with strengthened bonds.

NEWS

Freshmen Elections 2011

By CARISSA BARCENA

L AST JULY 15, 2011 THE ELECTION COMMISSION (ELECOM) OF SAN BEDA COLLEGE ALABANG - SCHOOL OF LAW HELD THE FIRST YEAR LEVEL REPRESENTATIVE ELECTIONS AT THE MOOT COURT OF THE CAS BUILDING. INITIALLY, MARTIN REY KWEK AND DANICA GARCIA WERE THE CANDIDATES FOR THE POSITION. HOWEVER, GARCIA WAS DISQUAIFIED FOR NOT MEETING THE MINIMUM UNITS REQUIRED TO RUN FOR THE POSITION.

At 9:30 in the evening, the ELECOM officialy closed the voting period. The counting of the ballots officially ended at 10:30 in the evening.

ELECOM Chairman Jeffrey Dujali declared a failure of election based on the “practice in the ELECOM that should there be only one candidate for a given position, the number of votes should tally 50% plus 1.” The number of votes expected was 98, but only 49 votes were submitted.

The political party Katarungan questioned the declaration and the outcome of the election, since “ELECOM has no provisions on the Election Code that provides for Failure of Election.” In an official statement, ELECOM replied that, “there is no written document regarding when and how ELECOM may declare Failure of Elec-

tion.” However, what had been applied during the said election was “a practice of ELECOM during other previous elections wherein only one candidate ran for a position... the practice was uncontested and found to be valid by both the voters and candidates.” Due to the absence of a Judicial Council that could define a Failure of Election at that time, ELECOM stated that “it is within the prerogative of the ELECOM to decide immediately based on the situation at hand.”

The ELECOM, through the official statement, also provided a resolution declaring a failure of election, and that a special election would be held on a later date. As of press time, the ELECOM has decided to forego the special election.

First Year Level Representative Martin Rey Kwek

37 votes

Danica Garcia (Disqualified)

2 votes*

Abstain: 10 * Deemed stray votes

Recruitment Week 2011

By RON ESQUIVEL

The SBCA-SOL School of Law Government conducted the Organization Recruitment Fair, last July 20-23, 2011 at the second floor of the St. Maur Building. Booths were set up by SLG to encourage students to join different school organizations, as well as for the latter to show what they can give or offer to the students.

The organizations that participated during the activity were the following: the Academic Bar Operations, the Hotel Bar Operations, the Debate Society, the School of Law Chorale, and The Red Chronicles - the official student publication of the School of Law. Newly formed organizations also participated in the affair.

The Sports Club comprised of athletes and other sports-minded individuals. The Photography Club intends to cater to the needs of photography hobbyists and enthusiasts alike.

The event is in line with the aim of the San Beda institution to hone its students to become fully human, wholly Christian, truly Filipino, and globally competitive individuals.

Photos by ARON MENGUITO

OCTOBER 2011

5

NEWS

Dean Ulan’s Book Launch

Text and Photos By MARIA JOSEFINA ALFONSO

Last August 22, 2011, the book launch of the well-loved dean

of the San Beda College Alabang – School of Law, Atty. Ulpiano Sarmiento III, was held at the Shangri-La Edsa Hotel. It was an evening to remember since most of the notable speakers and distinguished attendees came from the field of law and education.

A hearty and sumptuous meal was made available for all the speakers and guests before the start of the event. Rev. Fr. Honesto F. Ongtioco, D.D., the Bishop of the Diocese of Cubao, commenced the program through the invocation. Afterwards, a meaningful message from Rev. Fr. Tarcisio Ma. H. Narciso, OSB followed.

Before the book was formally presented, the Boys of Obispado de Cubao Choir sang a praiseworthy and melodic rendition of the song “Somewhere Over the Rainbow.” Quite noticeable from the choir members were two of Dean Ulan’s children, Storm and Rainbow.

The presentation of the book, Compendium of Education Legislation for Private Basic Education, was given by the beautiful faculty member of the SBCA-SOL, Atty. Rochelle Dakanay-Galano.

The Red Chronicles’ Faculty Adviser, Atty. Rita Linda V. Jimeno, gave a short, but significant review of Dean Ulan’s manuscript.

Subsequently, a number of school heads from various colleges and universities gave their own insights on the book.

Dean Ulan gave a speech in response to all the previously given compliments. He also provided a brief overview of the controversial legal provisions, resolutions, and decisions of the Department

6

THE RED CHRONICLES VOL. 5 NO. 1

of Education.

Brother Armin Luistro, the Secretary of the Department of Education, commended Dean Ulan for his exhaustive book on education legislation. He lauded the importance of the manual, which will prove to be useful to school heads and administrators. Moreover, Bro. Luistro said that because of the book, legislators and Department of Education officials would be challenged to produce relevant laws and memorandums for the betterment of the education field.

Among the notable attendees, special mention must be given to RectorPresident Dom Clement Ma. Roque, OSB, and Rev. Fr. Aloysius Maranan, OSB, who both graced the event. The regal looking Prefect of Student Affairs, Atty. Bruce V. Rivera, was one of the program’s master of ceremonies. Some of the glorious and divine looking professors from the SBCA-SOL also enthralled the audience with their presence. Among those who were present are Vice Dean Marciano Delson, Commisioner Rene Sarmiento, Judge Gina Bibat-Palamos, Judge Wilhelmina Jorge-Wagan, Atty. Nicanor Jimeno, and Administrative Assistant Jun Cadugo.

The program was culminated with a closing speech. As the guests went home, they brought with them a full appetite, a plant as a token of appreciation, and substantial knowledge about education legislation from the authority himself, Dean Ulan Sarmiento.

NEWS

SBCA Holds the Ruby Anniversary Kick-Off

By ROSE ANNE REYES

On July 11, 1972, San Beda

College Alabang (SBCA), then known as Benedictine Abbey School opened its doors to 78 pioneer students.

Now with 24, 425 graduates, SBCA will be celebrating its forty years of existence, continuous progress and legacy.

To guarantee the appropriate recognition of this significant achievement in SBCA’s history, the Bedan community held its kick-off ceremony last July 11, 2011. The ceremony marks the start of the 365-day countdown until the school’s Ruby Anniversary in 2012.

The celebration opened with a Fun Run, dubbed as “Takbo Para sa Iskolar,” an event that which sought to raise scholarship funds for qualified students. Afterwards, a special mass was conducted, followed by the planting of four Ruby trees symbolizing the four decades of the school’s existence. Thereafter, the Ruby Anniversary theme, logo and song were unveiled. The Ruby Anniversary Theme Song, “One Through It All,” was performed by the Ruby Choir composed of selected students from all four department levels of SBCA; the School of Law was represented by Patricia David and Will Eusores. Thereafter, 40 doves were released to represent 40 years of Benedictine excellence. The School of Law was represented by Patricia David and Roberto Martin Buenaventura. Immediately following the ceremony were the Opening of the SBCA Historical Landmarks Exhibit at the SBCA Museum, Benedictine

Altar Decoration Contest, Poster Making Contest, Quiz Bee and Fun Games that were conducted by the Integrated Basic Education Department and High School Department.

The School of Law hosted the opening of the photo exhibit entitled “Landscapes and Divinity,” showing the works of SOL students Chuck Valerio, Jeamie Salvatierra, Carlo Tibayan, Remy Castro, Migs Llave and Rino Reyes. This event was followed by the First Town Hall Discussion on the “Current State of the Philippines,” which was hosted by the School of Law Government. Speaking at the affair were Atty. Midas Marquez, Spokesperson of the Supreme Court of the Philippines, and Assistant Solicitor General Carlo Miranda. Atty. Marquez gave an extensive discussion on issues regarding the revocation by the Presidential Agrarian Reform Council of the approved stock distribution plan to farmers of Hacienda Luisita, and the declaration of Section 31 of R.A. 6657 pertaining to stock distribution to farmers as null and void. He also emphasized the duty of the Department of Agrarian Reform to ensure that Court Orders pertaining to those cases are properly implemented, and inform farmers of their right to choose between availing of shares and parcel of land. Asst. Solicitor Miranda reported that the office of the Solicitor General has heard over 400,000 cases, including the biggest ones in the country. He also stressed that law enforcement agencies, prosecutors (which include the OSG), justices, correctional bureaus, and the community must work hand in hand as the pillars of the judiciary.

The kick-off activity was concluded with exhibition games and a variety show, both of which were hosted by the College of Arts and Sciences.

OCTOBER 2011

7

NEWS

New Blood

Additions to the SBCA-SOL Roster of Brillant Professors With reports from RON ESQUIVEL, LAIDA ISIDRO, ROSELLE JIMENO, ANGELO MURILLO, TIA PERFECTO

Atty. Eliza Yamamoto Atty. Eliza Yamamoto is a graduate of San Beda College Alabang-School of Law. She was the valedictorian of her batch, and she passed the 2010 Bar Examinations thereafter. She finished her Bachelor of Arts in Legal Management at the De La Salle University Manila. Currently, she is working as a junior associate in Añover Añover San Diego & Primavera Law Offices. She decided to teach in SBCA-SOL as a way of giving back and showing her gratitude to her alma mater. Furthermore, she believes in the quality of education that the San Beda institution can offer. When asked how she felt about teaching, Atty. Yamamoto said that she enjoys doing it because it gives her a sense of fulfillment. Being no stranger to the culture at SBCA-SOL, she considers the traditional way of teaching as the best method of educating her students. Also, she does not want to be too strict, nor too lenient in her class. As a teacher, she would rather be respected and loved, than be feared.

As a Bedan lawyer, she would always advise her students to imbibe the Benedictine teaching of Ora et Labora, “because when there’s hard work and prayer, nothing is impossible.”

Atty. Joselito Guianan Chan Atty. Joselito G. Chan obtained his Bachelor of Laws in 1987 from the Far

Eastern University Institute of Law. It would be an understatement to say that he finished law with flying colors - he graduated magna cum laude, class Valedictorian, and as the most outstanding student awardee.

Aside from teaching in SBCA-SOL, Atty. Chan is likewise a professor of Law in two other universities, namely, FEU and Arellano University. He is also a pre-bar reviewer at Arellano University, University of San Jose Recoletos, Albano Bar Review Center, Excellent Bar Review Center and at the Chan Robles Internet Bar Review, the Philippines’ first and only Internetbased bar review course that is fully compliant with the reformatted 2011 Bar Exams. He is the author of The Labor Code of the Philippines Annotated (Vol. I and II) and Legal Bibliography.

Apart from being a Senior Managing Partner of Chan Robles and Associates Law Firm, and Chan Robles & Wy, CPA’s, he is also an Accredited Voluntary Arbitrator by the Department of Labor and Employment.

8

THE RED CHRONICLES VOL. 5 NO. 1

NEWS

Atty. Karla Denise Frias

Atty. KD Frias is comparable to an unambiguous statute – both are needless of

construction. The first glance will suffice to tell you who you are dealing with.

At no time did she ever appear ambiguous precisely because of the audacious aura she exudes, which genuinely translates to her overwhelming skills inside and beyond the classroom. As a professor, Atty. Frias overhauls the meaning of dura lex sed lex: she may be harsh at times, but she definitely delivers. However, while she may be stern and demanding, one can tell she genuinely relates to her students as well – understanding every bit of what each is going through and knowing how to perfectly deal with them. Interestingly, Atty. Frias resembles a party-goer, a fashionista, a professor, and a litigant all trapped in one body.

Atty. Frias graduated salutatorian of her batch in SBCA-SOL in 2009, and became a member of the Integrated Bar of the Philippines in 2010. At present, she practices litigation and is currently the Managing Partner of Frias, Frias and Associates, and a member of Parañaque Bar Association. More so, Atty. Frias handles Statutory Construction in SBCA-SOL. In other news, one of her inspirations in entering the legal profession was Ally Mcbeal (and her outfits).

Atty. Efren Dizon Atty. Efren Vincent Dizon is a fifth placer in the

2004 Bar Examinations, and a topnotcher in the 1999 CPA Licensure Examinations. As a child, he wanted to become an astronaut. As there was no available course that would lead him “directly to that dream,” he followed his father’s path and studied accounting and law at San Beda College Mendiola.

With impressive credentials meant for a brilliant career, he started his lawyering profession by “being a slave in one of the big law firms in Makati” for three years. Afterwards, he authored books on Taxation, Banking, Insurance, and his most recent, The Securities Regulation Code.

Presently, Atty. Dizon is a partner in Mendoza Dizon Purungganan and Partners Law Offices.

His biggest undertaking so far have been cases involving the Marcos family, which he refers to as a “popular client” in “unpopular cases.” As an educator, he teaches Taxation, Banking Law, Torts and Damages, Insurance Law, Transportation Law, Persons and Family Relations, Corporation Law, and Legal Research in different law schools. He teaches Property Law in SBCA-SOL. Aside from being an accomplished lawyer and a commendable and eligible bachelor, Atty. Efren Dizon describes himself as a rock star. Currently, he is the vocalist of Nunc Pro Tunc Band.

Atty. Paulino D. Ungos, Jr.

Atty. Ungos finished his undergraduate course in San

Beda College Mendiola in 1969, with a degree in Political Science. Afterwards, he entered Law School and finished his Bachelor of Laws degree in 1973. During the same year, he took the Bar Examinations and passed with flying colors.

Influenced by his father, the young Ungos entered law school to determine if being a lawyer is what he is made for. As an ordinary student, he faced the hurdles of law school with focus and determination. From his undergraduate studies to law school, he did not allow himself to be distracted from his mission of becoming a lawyer.

After passing the Bar, Atty. Ungos became an associate of various law firms for 17 years until 1990 where he served as Labor Counsel for Philippine Airlines. Currently, he is the Vice President of Labor Relations Division and Corporate and Regulatory Affairs of globe Telecom, Inc. For him, in order to succeed, you must do things right the first time. He advises his students in Labor Relations to not slack-off. Instead, they should always finish their homework ahead of time because, “it will be for their own benefit anyway.”

OCTOBER 2011

9

OPINION

EDITORIAL

Tears for the Crocodiles Humans

certainly feel the impact of environmental disturbances: we suffer through fluctuating temperatures, we struggle with unpredictable weather, and we endure the resulting calamities. Animals too are adversely affected by changes in their natural surroundings. In trying to adapt to a rapidly-changing ecosystem, they leave the wild and encroach upon other territories.

Illustration By Brad Listones

“Lolong” is the latest victim of these ecological disturbances. Once feared as a monstrous man-eater and the elusive subject of a laborious hunt, the notorious saltwater crocodile now languishes in captivity as Bunawan’s newest tourist attraction. His kind normally does not attack humans without provocation; such attacks usually correspond with an invasion of their habitats. While “Lolong” is known to have devoured a carabao, the lack of human remains in his vomit cast doubt on his status as a man-killer. Authorities suspect another larger crocodile to be the culprit. “Lolong” measures a potentially record-breaking 6+ meters, weighs 1,075 kilos and is estimated to be around 50 years old. Who knows how much bigger he could become if he remained in the wild. At present, he’s stuck in an eco-park and has not eaten since his capture, possibly due to stress. A crocodile as big as Lolong, however, can go for as long as six months without food.

“Lolong’s” capture has overshadowed the plight of another similarly threatened species of crocodile. The infamous two-legged buwaya have been around for quite a while, and are far from going extinct. They have bred and multiplied throughout the years, sustained by and depending on an environment that had not only tolerated, but also encouraged their insatiable appetites. Power, wealth, and influence have become their staple, and they’ve glutted themselves fearlessly. Now, however, they are at risk: their habitat is becoming less accommodating and more hostile, as a daang matuwid slowly but steadily cuts through their territory. Long overdue efforts are being made to bring down their numbers, and persistent hunting drives them out of the murky depths and into the open. But these buwayas are determined to survive at any cost. It is this survival instinct that causes their erratic behavior, ferocious reactions, and poor health, which are not entirely unexpected from an anxious animal.

In light of “Lolong’s” captivity, animal rights group People for Ethical Treatment of Animals (PETA) has called for his re lease, but have been refused as he is still regarded as a threat to his human neighbors. What about the buwayas – is it any safer for them to be left alone in their natural environment? Though prolonged exposure to stress is harmful to any animal and to those around it – a recent statement even claims that the pressure being exerted on them is slowing our ecosystem down – should we really let up on them “a little”?

While “Lolong” may eventually be released, who’s to say that he won’t be forced to re-enter human territory, bigger and hungrier than ever? Will our misplaced sympathy and compassion for buwayas allow them to become worse threats than the monster croc himself?

10

THE RED CHRONICLES VOL. 5 NO. 1

OPINION

Garbage is Everyone’s Business

By ATTY. RITA LINDA JIMENO Faculty Adviser

When you have to wake

to the stench of nauseating garbage every day, must you really endure it? Most people think they do – especially those who do not have the wherewithal to relocate to a better community and those who cannot fathom how to fight city hall, so to speak.

But the truth is, there are laws that empower the citizens – whether singly or in a group – to seek redress for themselves, the community and the environment against any person or any government official who violate certain laws.

One of the special laws that give power to the citizens to sue – even without the assistance of lawyers and without having to pay filing fees – is the Ecological Solid Waste Management Law (Republic Act 9003). This law seeks to protect the health of the public and the environment through proper waste management. After all, many diseases are bred in dumps and brought by the water supply and insects into your household. This law mandates that every household, establishment or entity, which produces garbage, must segregate the biodegradables or compostables from the recyclables and to throw only the residual waste which they cannot either recycle or turn into compost.

This may sound a mouthful but the reality remains – every person is capable of doing his part to protect the environment and the health of his family. Fruit peels, vegetables food leftovers, fish and meat materials are all compostables or nabubulok. One need only dig a hole into the ground and throw in all the compostables every day. At the end of the day, cover the compostable matter with a little soil, without necessarily closing the hole when there is still space. Those living in condominiums or buildings and do not have the luxury of a backyard could do their composting in drums and pots.

In time, the garbage collected with soil will turn into compost, which can be used as fertilizer for plants. As to the recyclables such as water bottles, softdrinks cans, paper, and medicine bottles – one can sell these items to junk shops or to those who go around villages called magbubulok.

What then gets to be thrown is only the so-called residual waste which is perhaps about just one-third or even much less than the total volume of garbage produced daily in every household, office or establishment.

If composting is not an option to some, then at least they should segregate or put into separate bags their compostable or biodegradable wastes from the recyclable wastes.

May a person be sued for not segregating and for throwing litter practically anywhere? Certainly, so beware. You, too, may be sued.

What is the duty of your mayor, barangay or other local officials?

They are supposed to segregate the collection of wastes and not to

dump the biodegrables together with the recyclables. If your town official allows garbage collectors to pick up mixed wastes or combine wastes that you have meticulously separated, then go ahead and file a suit against them – you can include the garbage operator, if you wish.

What the law mandates quite emphatically is for towns, municipalities or cities to close down whatever open dumps there are remaining. The deadline for the closure of open dumps and for replacing them with controlled or covered dumps was in February 2004.

If there is garbage strewn in your city’s thoroughfares or streets, or gathering in what appears like a mountain or mound, it is your duty and every citizen’s duty to complain. It need not be for you, if you can live with breathing foul-smelling air, but for your children and grandchildren. Cancer is a major killer and toxins found in garbage and in the air are linked to cancer.

In addition to the segregated collection of wastes and the closure of open dumps, your local officials are also mandated by law to establish Materials Recovery Facilities in every barangay or cluster of barangays. What are MRFs? These are the sites where garbage that have been collected are disposed of properly. Recyclables are sorted out for selling or bidding. The biodegradables are composted or turned into shreds for composting into fertilizer.

If you see no MRF in your barangay or in an adjacent barangay then your city or town mayor must be in violation of the law. There are economics involved on why we must all be vigilant that this particular law is implemented. One and perhaps the most relevant of them, is health. The costs of medicine and medical treatment have almost become prohibitive that even the most common illness could throw off one’s budget. Suffering from dreaded diseases is a prospect one cannot afford to even think about.

One other factor, which most do not see, is that garbage is a huge source of corruption. Why do local officials adamantly refuse to implement or appear to neglect the implementation of the Solid Waste Management Law? Because the number of garbage trucks and the number of trips these trucks make in a city or municipality determines the “return of profit” by way of kickbacks to the local officials.

Millions of pesos are paid to garbage collectors by every local government unit every month. Imagine reducing the garbage these trucks collect, by at least half. The results are reduced kickbacks to line the politicians’ pockets.

Must citizens be afraid to complain against officials violating or neglecting the implementation of the Solid Waste Management Law? Definitely not. They could go to the Office of the Environmental Ombudsman at Agham Road, Diliman, Quezon City to file a complaint, which may even be anonymous, provided they submit evidence and proof of violation. They could also go to the office of the Solid Waste Management Commission at the Department of Environment and Natural Resources in Diliman, Quezon City.

The backlash of nature cannot be underestimated. We only need to remember the number of deaths recorded in various typhoons that have hit the country. Truly, waste management is everyone’s concern.

OCTOBER 2011

11

OPINION

ALARY MA. KATERINA SANTIAGO Associate Editor

As of this writing, typhoon “Pedring”

is making its presence felt in the country.

Two days before its expected landfall, it opens the week with gray skies and intermittent rains – the usual portents of a possible suspension of classes. Admittedly, that’d be a welcome interruption from the daily grind, and its been a while since the last round of suspended classes. Historically, we don’t experience as many weather-related disruptions this time of the year, with most of them occurring between June and August. This is why some lawmakers believe that our students stand to benefit more from a September-to-May school year.

The idea has been around since 2004, and several bills attempting to adjust our school calendar have been introduced. The Department of Education is currently conducting a study of the proposal, and is expected to finalize its report around a month from now.

Should the proposal be implemented, what would our school year be like?

A September opening is at the tail end of our rain and typhoon season. While the country doesn’t experience heavy and recurrent rains during this period, it is also during this time (Septem-

ber to October, according to PAGASA) when the strongest storms hit. We’ll still need to brace ourselves for standstill traffic, flooding and unpredictable cancellation of classes. September is also the unofficial start of Christmas in the Philippines. The school year may have only just begun, but the excitement for the coming holidays is potentially distracting. Before the Yuletide season is our traditional celebration of All Saints’ and All Souls’ Days. Normally, we get a few days off to go home, visit family and honor our dead. In this scenario, it would seem that the academic momentum dissipates before it can even build up.

January to May is a dry period. The last of the cold spells disappear as the temperature rises and swells into an intensely hot summer. Students in air-conditioned private schools should be able to cope, but those in public schools may not be as fortunate.

As if the use of their classrooms as evacuation centers during the wet season hadn’t been disruptive enough, these students will also have to get through the rest of the school year in uncomfortable heat. Airconditioning has its own set of issues. Increased use means increased electrical consumption, which could also mean increased school fees. With or without aircons, the summer months will be an extra sacrifice for those who observe Lent.

Their attention will have to be split between religious obligations and academic responsibilities.

However, students can look forward to a colder vacation. The school year ends in May, and break spans from June to August.

Due to the colder and wetter climate, going to the beach or waterparks may not be as enticing as before. Frequent rains, typhoons and the resulting floods would make long-distance traveling troublesome. Tourism will have to be creative with vacation packages for these months. Of course, we’ll also have to be resourceful in keeping ourselves entertained, but it’ll be within the safety of our homes, instead of in the rain and deep flood waters.

tories in the Sierra Madres in Luzon, Samar in the Visayas, and Davao in Mindanao, the dwindling population of these majestic birds, left at less than 500 across the country, seem to belie the fact LAISA MAE AGUILA that it is the Philippine’s symbol Managing Editor of national pride, as do many other states the world over. By virtue of Proclamation No. 615, on July 4, 1995, then President Fidel V. Ramos ofts brown and ficially declared the Agila as the country’s white feathers form national bird. Unfortunately, while this a shaggy crest, but declaration looked good on paper, this did at the same time not become a deterrent to the bastardly acts give the impression inflicted upon this powerful yet rare animal of a lion’s mane. Its specie. Even more despicable is the fact that dark, brooding face with its nape and crown the very people that the Haribon represents is a mixture of creamy white and the beau- in pride and strength are the very same betiful color kayumanggi in all its Filipino ings who threaten its existence. Large scale glory. Its powerful legs are matched by its logging and the resultant depletion of our even more powerful talons. Its high-arched rainforests are perilous to its natural habitat. beak, steely bluish gray eyes and thick, In fact both the International Union for Concurved beak all lend the look of power. With servation of Nature and Birdlife Internationa proud and mighty height of one meter, al included the Philippine Eagle among its weight of up to 18 pounds and a wingspan list of endangered species in 2010, just one of up to seven feet as it soars across its terri- or two levels away from being declared extory, the Philippine Eagle—the Haring Ibon, tinct. is truly The King of the Philippine RainforAs if these were not enough, these majestic est. birds are being killed for the most nonsensiIt is almost human in terms of life span— cal reasons that would anger even the most as the average age of the Philippine Eagle naïve spectator! The Protected and Wildlife ranges from 30 to 60 years, in extremely Areas Bureau (PAWB) reported that a few lucky cases, of course. And interestingly years ago, Kagsabua was shot by an air gun enough, most eagles, the Haring Ibon in- and found inside a chicken pen. While the cluded, are monogamous. Once paired, eagle was rescued, and radar chips were both the male and the female eagles remain placed on its legs, volunteer guards, suspipartners for life. cious of Kagsabua’s strange stationary beAnd while endemic to its last few terri- haviour eventually found his legs cut off in

FUEGO

I

12

THE RED CHRONICLES VOL. 5 NO. 1

2008. As it turned out, Kagsabua’s stately body was cooked for tinola! The accused Brian Balaon later on admitted to the ghastly deed and his case for violation of Republic Act 9147 or the Wildlife Conservation Act is still pending up to this day.

In 2009, shortly after Hinileban’s rescue, his decomposing body was found in the forest by volunteers. His head and legs were cut off by two reportedly inebriated men.

To this day, his tormentors have not been caught. And last June 23 of this year, Calbiga was shot in the chest by an unidentified man. The three-year old eagle died last August 12.

Admittedly, I have very vague recollections of any encounter with a real life Haribon. Those encounters probably transpired in my doggone days of visiting zoos on grade school field trips. The closest connection to the magnificent animal that I could sensibly come up with at this moment, besides my being Pinoy, is my surname. Go figure. However, I refuse to say that I, or any one of us, for that matter, am in a position that is less than these volunteers who patrol the mountainous regions in Luzon, Visayas and Mindanao. If anything, researching for and writing this column has made me realize that we cannot simply gawk at the pitiful state of our threatened wildlife. What right did we have to do this to animals that had no voice? That were not gifted with the kind of rational thinking that we supposedly possess? Minsan talaga iisipin mo kung sino pa ang nag-aasal hayop eh.

On second thought, our old Filipino adage asal hayop is actually an insult to their kind.

Nakakahiya.

FEATURE

Dispose Of Those Solid Wastes Properly

By CHERRYL IRENE G. BANARIA

It was Al Gore’s apocalyptic video, “An Inconvenient Truth”,

that commanded people’s attention to the existence and effects of climate change. Such malady of the Earth is a gradual result of the disregard and abuse of man. And among the many causes of climate change is the problem of Solid Waste Management.

It took several typhoons, droughts, and floods to make man more conscious and concerned. In the local sphere, the City of Muntinlupa attributes the flooding to the tons of plastic bags deposited in the drainage system. Before Muntinlupa has enacted and enforced its ordinance banning plastic bags all over the city, there have already been a number of national laws that were enacted to answer the growing problem of climate change in the country. One of those laws is Republic Act 9003, “Ecological Solid Waste Management Act”, which was enacted on January 26, 2001 and was authored by Senator Loren Legarda.

R.A. 9003 aims to ensure proper solid waste management, reduce the volume of solid waste through reuse, recycle and other waste minimization measures. The main feature of R.A. 9003 is the creation of the National Solid Waste Management Commission (NSWMC). The Commission consists of representatives from both the government and private sectors. It is tasked to oversee the implementation of Solid Waste Management Plans,and to prescribe policies to achieve the objectives of R.A. 9003.

It created a National Ecology Center, which shall be under the Commission, to provide for consulting, information, training and networking services for the implementation of the Act. It also strengthened the participation of the Local Government Units (LGU’s) from the barangay, municipal, city and all the way up to the provincial levels as the agency primarily responsible

for the enforcement of R.A. 9003 within their respective jurisdictions. The law mandates that a 10-year Solid Waste Management Plan be created by the national and local agencies to meet the goals established under R.A. 9003 within their respective jurisdictions. Since the primary goal of the law is the proper management of solid waste, it mandates that the segregations should start from its source; that is, the household, industrial, and commercial sources. The Commission is also tasked to determine a list of non-environmentally acceptable products within one year from the effectivity of the law. Section 30 of the law provides that “No person owning, operating or conducting a commercial establishment in the country shall sell or convey at retail or possess with the intent to sell or convey at retail any products that are placed, wrapped or packaged in or on packaging which is not environmentally acceptable packaging.”

To encourage everyone to take part in achieving the goal of R.A. 9003, the law provides incentives for those who will undertake outstanding innovative activities in re-use, recycling and reduction. The incentives include tax exemptions and credits, financial assistance from the Development Bank of the Philippines (DBP), Land Bank of the Philippines (Landbank), and Government Service Insurance System (GSIS) to those individuals, enterprises, or private entities engaged in solid waste management. Also, the LGU’s whose solid waste management plan has been approved by the Commission will receive grants for the further development of their programs. And, to strengthen the enforcement of R.A. 9003, those who are found to have violated the law are liable to face the penalty of community service, fine from Php 300 to Php 1,000, and imprisonment from one day to six years, depending on the act violated.

Notable Philippine Eco-Heroes

By RIO DIZON

Photos courtesy of Google

Harnessing the power of their fame, influence, talent and vision, five Filipino heroes take on the role of the environment’s protectors by rousing the apathetic, shaking the government into action and jumpstarting an initiative.

Chin-Chin Gutierrez, Actress

Loren Legarda, Broadcast Journalist, former Senator

A beautiful and well celebrated film star, Chin-Chin Gutierrez is known for her environmental efforts. Her campaign for sustainable development caught the attention of TIME magazine, which honored her as one of the Asian heroes in 2003.

She is one of the founding members of Mother Earth Foundation, a Filipino nongovernmental organization which campaigned for a national Clean Air Act and waste legislation. She is also the founding chairman and president of the ecological foundation “Alaga LAHAT,” a member of the Eco-Waste Coalition created in 2006.

Being a vegetarian herself, she posed in an ad for PETA ASIA- PACIFIC.

Hailed as one of the most influential and well- accomplished women in the Philippines, Loren Legarda has tirelessly campaigned for Climate Change Awareness. She created “Luntiang Pilipinas” foundation, which launched 10@10: The Ten Million Trees Campaign, a tree planting campaign which aims to plant 10 million trees by the year 2011.

During her stint as a Senator, she pushed for the passage the Philippine Clean Air Act (RA 8749) and the Ecological Solid Waste Management Act (RA 9003). In 2009, she pressed for the passage of Climate Change Law, a landmark legislation that is considered as a model for other nations.

Von Hernandez, former Literature Professor

Anna Oposa, Writer/Blogger

Juan Miguel “Migz” Zubiri, former Senator

Von Hernandez made the Filipinos proud when he was featured as one of TIME Magazine’s Heroes of The Environment in October 2007.

He made Mother Nature even prouder with his relentless campaign in banning waste incineration.

He first became aware of such garbage problem when he was working for Greenpeace.

The massive waste that Manila produces gave government authorities the idea of waste incinerators to eradicate the trash. However, such waste incineration produces dioxins which can cause birth defects and can poison if it makes its way into the groundwater. For a greener alternative, Hernandez campaigns for composting and recycling.

While her renowned father, Atty.

Antonio Oposa, Jr., has the law as his weapon of choice for the battle to save the environment, Anna Oposa, having been an English Major in the University of the Philippines, chose writing as her medium. Influenced by his father’s love of nature, Anna has taken on Environmental blogging in setting awareness on the environmental issues plaguing the country. But as she says in her blog, ANNAlysis (annaoposa.ph), she is an ambassador of good vibes. Her blog is not a dismal collection of environmental litanies. Rather, it is a compilation of pressing environmental issues and entertaining commentaries on her local travels and the like. Riding with the breakneck speed of modernization, Anna Oposa is well able to engender awareness and appreciation of Philippines and its environment among the youth.

He may have been recently involved in an Electoral protest but it is undeniable that Sen. Migz Zubiri is a champion of environmental concerns and a good one at that. A prolific legislator, he has sponsored, co-authored and authored several laws which addressed environmental issues. During his term as a Congressman, he rallied for the passage of RA 9513, the Renewable Energy Act of 2008 and RA 9367, the Biofuels Act of 2006.

For this, he was nicknamed Mr. Clean Energy.

He is the founder of the Philippine Deer Foundation, a deer conservation project. Also, he is the President of the Palawanbased Katala Foundation which protects endangered wildlife species and their habitats.

OCTOBER 2011

13

FEATURE

The Call for Manila Zoo’s Closure

By MAGIC MOVIDO

THE MANILA ZOO WAS OPENED TO THE PUBLIC IN 1957 AND INAUGURATED IN 1959. IN ITS HEYDAY, IT WAS DEFINITELY A MUST-SEE FOR THOSE COMING FROM THE PROVINCES TRAVERSING MANILA. Nowhere else could you find a convergence of so many species of birds, snakes, monkeys and other mammals, all in a 6-hectare land. Over the years, it has acquired practically all the animals one has associated the alphabets with, back in his or her childhood.

Half a century later, has the Manila Zoo maintained the glory it once had? What has prompted the People for the Ethical Treatment of Animals (PETA) to ask that the zoo cease its operations?

For 40 pesos, one gets to tour the zoo and hear birds emitting different sounds, almost jeering at the onlookers; see Malee, the elephant, oftentimes ravaging through tons of vegetation, and ostriches running around their own square lot.

One would really forget he is at the heart of one of the busiest cities in the Philippines.

Unfortunately, like local government units, one cannot say that is is an imperium in imperio (an empire within an empire or a place that subsists on its own). Worse, it is not merely subject to general supervision, but to all possible control. The animals are restrained in their movement in those decrepit cages and are subject to the consistency and regularity of the animal feeding program. A giraffe has died after eating a plastic wrapper and a camel, because of a wound that was not tended by the zookeepers.

Time and again, PETA has banged upon the doors of the Manila Zoo for it to cease its operations. Done with the employ of women clad in nothing but cabbages, the PETA made sure that the media, and consequently, the people understand its disapproval of Manila Zoo’s continued existence. They decry the cramping of the animals in such small spaces. They claim that the animals must be in the wild where they belong.

Dr. Heinrich Domingo of the Manila Zoo asseverated that the allegarions of PETA are baseless and that, “all they do is rally outside Manila Zoo”. While he admitted that zoos nowadays should simulate the wilds as realistically as possible, he quickly added that it simply can’t be done because of Filipinos’ lack of discipline. “Alam mo naman ang Pinoy, dudutdutin lang nila yan,” (You know how Filipinos are, they are just going to poke them (animals)), he said.

Section 6 of Republic Act 8485 or “The Animal Welfare Act of 1998” provides, in part, that: “It shall be unlawful for any person to torture any animal, to neglect to provide adequate care, sustenance or shelter, or maltreat any animal…”

The Manila Zoo was created for both entertainment and education purposes. But is it still really educational? Should it proffer education of the health and safety of the animals?

Asked what legal actions PETA has initiated that will probably revoke the Manila Zoo’s charter, Dr. Domingo said none.

14

THE RED CHRONICLES VOL. 5 NO. 1

Animal Cruelty Videos to be Crushed in the Philippines

BY ARIANNE PASCUAL

In 2010, a number of Internet users noticed an increase of

“hard crush” videos, involving girls sporting high heels crushing small animals such as puppies and rabbits by foot. These feature reptiles, birds and mammals being crushed with high heels, flip flops, tennis shoes and even bare feet, which angered activists and non-activists alike.

Some of these videos were apparently produced in the Philippines. After much clamor from concerned citizens, the People for the Ethical Treatment of Animals (PETA) Asia posted on its website a cash reward of One Hundred Thousand Pesos (P 100,000.00) for any information that could lead to the arrest of those responsible for the said videos.

The efforts of PETA and the National Bureau for Investigation (NBI), led to the capture of Vicente and Dorma “Chita” Ridon, a Filipino couple who filmed, produced and distributed videos showing young girls kicking dogs to death, stepping on them using stiletto heels, burning them with flat irons, clipping the ears of bunnies with shears and setting poor mammals on fire.

The videos sold online for Five Hundred to One Thousand Pesos (P500-P1,000), depending on the clips. The couple was eventually arrested in Burgos, La Union last 2 August 2011.

They were brought into custody after being tracked down for a year and were charged for animal cruelty, child abuse and illegal trafficking. However, after posting bail the next day, the couple was released.

According to a representative of PETA, the organization will not issue further statements about the matter since a case against the Ridons is now pending.

Although there have been laws passed against animal cruelty in the Philippines, there is no law which specifically punishes the production of ‘crush videos’. Republic Act No. 8485, “An Act to Promote Animal Welfare in the Philippines,” otherwise known as the Animal Welfare Act of 1998, only provides for a very light penalty for such cruel acts. Many believed that the penalty of imprisonment for not less than six (6) months but not more than two (2) years or a fine not less than One Thousand Pesos (P 1,000) nor more than Five Thousand Pesos (P5,000) or both, is insufficient to put a stop to the production and proliferation of these videos.

The inadequacy of the Philippine laws urged BUHAY PartyList representatives Erwin Tieng and Mike Velarde to push for the approval of House Bill No. 4595, the “Anti-Crush Video of 2011.” The Bill seeks to penalize anyone who creates, sells, markets, advertises, exchanges, or distributes an animal crush video. It also provides for the exception for videos which are allowed for distribution featuring animals showcased in customary, veterinary or agricultural practices.

Though unable to assert such rights, animals have rights. We humans have no excuse to abuse, maltreat and subject them to such cruelty. It is our natural duty to protect them and take measures in promoting their welfare. Quoting from a statement that PETA Asia’s Campaign Manager Rachelle Regodon made immediately after the arrest of the Ridons, “This is a warning to everyone who would commit cruelty to animal crimes.

The public takes it seriously and will do all it can to see justice served.”

FEATURE

The Rape of Our Seas

By MAYAN SAIDAMEN

THE PHILIPPINES IS BLESSED WITH UNDERWATER NATU-

RAL RESOURCES. It prides itself to owning about 40,000 square kilometers of coral reefs swarming with beautiful marine life.

Coral reefs are underwater structures which provide humankind benefits called ecosystem services to tourism, fisheries and shoreline protection. For the local communities, the coral reefs serve as their source for food and livelihood. Hence, the reported coral reef poaching somewhere along the Moro Gulf and the Sulu Sea in May 2011 alarmed most of our environmentalist legislators, lawyers, concerned government agencies and civil society organizations.

The Philippine coral reef is protected by RA 8550, otherwise known as the “Philippine Fisheries Code of 1998.” This law aimed to achieve food security and sustainable development by protecting and conserving the fishery and aquatic resources; banning environmental poaching; and providing a penalty which range from a fine of P2,000 to P20,000 and / or imprisonment of 6 months to 2 years. Despite the law, coral reef poaching continues. This takes places when coral reefs are mined and harvested through the use of dynamite or large-scale removal of corals in patches throughout a reef.

In May 2011, the Bureau of Customs reported on the seizure of two container vans supposedly loaded with rubber, but were actually carrying more than 21,000 pieces of “sea fan” black corals, 196 kilograms of “sea whip” black corals, more than 7,000 pieces of sea shells, and 161 endangered turtles, with a total estimate of P35 million for the entire contraband. Corals are generally used for construction, medicine, marine aquaria, but the black corals are harvested for ornamental purposes such as souvenirs and exotic jewelry. These corals are loosely traded thru the Internet, with primary markets coming from China and the US. Considering the huge profit involved, heartless businessmen keen on earning

money will not be easily dissuaded by the toothless penalties imposed by RA 8550.

The cataclysmic magnitude of such exploitation was approximated by the Bureau of Fisheries and Aquatic Resources (BFAR) to have affected at least one reef complex, equivalent to twice the size of the city of Manila. This is disturbing because BFAR said that it takes about 25 years for the corals to grow as big as the ones seized. Due to its slow recovery, coral reef poaching contributes to loss of fish habitat and significant economic losses to the Philippine society.

Outraged, Senator Loren Legarda initiated a series of joint committee investigation in the Senate to expose and make accountable the people responsible for this fiasco - dubbed as “the rape of the ocean.” The Committee on Environment and Natural Resources (ENR) together with the Committee on Climate Change conducted four meetings in the first two weeks of June, spearheaded by then ENR Chairman Senator Miguel Zubiri. The committee investigation is currently in a lull because the questioned consignee Ezequiel Navarro, and warehouse owners Mr. and Mrs. Benny Yu were apparently only used as dummies by alleged Chinese-Filipino businessmen. Arrest orders were issued by the Senate, NBI and the DOJ against the Chinese-Filipino businessmen – a couple notorious for using several aliases - who still remain at large to date.

There is still a lot of work to be done. The Senate and the proper local government units can start by strengthening the implementation and enforcement of the existing laws by imposing heavier penalties on the poachers and concerned LGU’s as well. Atty.

Oposa also suggested strengthening RA 9147 otherwise known as “Wildlife Resources and Protection Act” and if need be, exploring the possibility of lodging international complaints against the foreign markets before the Convention on International Trade on Endangered Species (CITES) of which the Philippines is a signatory.

It is high time the Filipino people wake up from their indifference and be vigilant in protecting the environment. Everybody should be accountable because as the English author Thomas Fuller puts it, “we’ll never know the worth of water till the well is dry.”

Preying on Palawan

By STEPHANIE DANDAL

Palawan, a province of beautiful and se-

rene beaches, of a thriving rainforest home to the endangered Palawan deer, of marine life sought after by divers from different countries. It rivals paradises such as Fiji and Tahiti and is known as the Philippines’ last ecological frontier. Yet, it is in danger of falling into the clutches of mining companies.

Palawan’s virgin forests and rice beds are rich with minerals such as mercury, copper and nickel. These minerals attract the attention of both local and international mining companies much to the chagrin of the local people. Because of the recent expansion of these mining companies to agricultural lands, rice harvest has dwindled dramatically from approximately eighty (80) sacks to about sixteen (16) sacks of rice. The sale of these rice crops has also taken a turn for the worse. With the vast amounts of laterite, (a red residual soil rich with aluminum and iron oxide) present in the rice, locals purchase a different variety to prevent possible food poisoning due to

the laterite. What then happens to the unsold “laterite rice”? Farmers are forced to eat their own poisonous yield despite the health risk it poses.

Palawan’s indigenous people are also threatened by the blight of mining companies. MacroAsia, a company owned by Lucio Tan, plans to bring mining to their land. Indigenous groups such as the Palawans and Tagbanua fear that their children will no longer recognize certain trees, footprints of animals, and the songs of birds as miners continue to strip their land of trees, drill the soil and destroy watersheds.

However, despite the plight of the farm ers and indigenous people, most miners support the industry because it has given them jobs and enough money to put three square meals on the table and to send their children to school. Rio Tuba Nickel Mining Development Corporation (RTN), one of the largest mining operations in the province, maintains their employees on a monthly salary Of P 8, 000.00. Miners are grateful that some of these mining companies established schools and hospitals for

the benefit of their employees thus the continued operations despite clashes with the farmers.

The same company boasts of its reforestation project in Palawan and its adherence to the provisions of the Mining Act of 1995. Mining proponents have offset the issue of agricultural security through corporate social responsibility (CSR) and adherence to environmental impact system (EIS). The aim is to prevent the adverse effects of mining on the environment and to develop the province into a thriving hub of industrialization.

But is it enough to plant trees to compensate for the thousands of trees cut and to appease the displaced farmers of Palawan?

Is it enough to help the indigenous people with their now more evident struggle for survival? Does it answer the problem of poverty, or does it only make capitalists richer at the expense of the small people?

Will the benefits of mining outweigh the costs? Or will mining open Palawan and the Philippines to more possibilities? Perhaps, rejecting mining is not the best solution in the struggle between the farmers and miners. Though the issue has opened a debate with polarized opinions, maybe we should examine where these opinions converge instead.

OCTOBER 2011

15

COVER STORY

GAWAD KALINGA:

Saving the Philippines, one community at a time.

Written by LAISA AGUILA and ARETHA EUGENIO Photos by CHUCK VALERIO

It all started with a seemingly quixotic vision to end poverty by building com-

munities and empowering the poor.

Gawad Kalinga, which literally means, “to give” and “to care”, believes that poverty is caused, not by inadequate resources, but by evident apathy between and among people in the community. It is a global phenomenon. It knows no race and no culture. Impoverished communities all over the world are actually perceived to be major players in the dilapidation of nature due to their supposed dependence on the environment for provisions and their alleged inclination to abuse it for their needs. Poverty, according to Gawad Kalinga, is not just an economic problem. More importantly, it is a behavioural problem that attacks the multi-faceted dimensions of an impoverished person’s psyche. Not only does it affect his health, education, livelihood, and general well being, it also affects the environment. True enough, the wealthy few are sufficiently equipped with the advanced technology and the adequate machinery to abuse the environment on a larger scale. Evidence of this abounds in the countless private and public corporations engaged in industries such as product manufacturing, logging, mining, and the like. However, this does not mean that the lack of resources that befall poorer communities absolve them from the social sin of polluting the environment. This is where Green Kalinga comes in.

GREEN KALINGA, SAVING THE ENVIRONMENT BY SAVING THE POOR Green Kalinga is the environmental program of Gawad Kalinga. It seeks to educate and arm less fortunate communities with the necessary information in order to empower its residents, while making them more accountable in terms of taking care of the community that is theirs to begin with, and inculcate in them a sense of concern for the environment that is home to their livelihood and overall welfare.

Jerick Limoanco, Program Head of Green Kalinga, shares in an interview with The Red Chronicles that, “The one that’s pushing us forward is really the behavioural aspect of things. And you’ll see this in the way we do environmental work.” He goes on to say that their work, “is really infusing the spirit (of Gawad Kalinga) with the science and the system”, and that their approach to the environment is, “really science-based.” True enough, Green Kalinga is largely anchored on climate science, and how it affects, and could affect the Gawad Kalinga residents in their daily lives.

16

THE RED CHRONICLES VOL. 5 NO. 1

“Our sentiment is that if we don’t sacrifice now, if you do it will be the next. It’s going to keep on happening unt compared to what others are experiencing” -Jerick Limo

on’t fight for it now, it will be the next generation that will, and if they don’t, til someone says, ‘okay, I will take the hit’. Our sacrifices are really nothing oanco, Program Head, Green Kalinga

CLIMATE CHANGE AND ITS CONSEQUENCES Limoanco discloses that it is important, first and foremost, to understand the four main consequences of climate change that is relevant to the Philippines. He posits that stronger rainfall is the first main consideration. “Rain is happening in a shorter time period but the volume is bigger.” He cites Ondoy as a classic example. He also admits that, “our drainage system is still quite inadequate in dealing with this volume in such a short period of time.” The second consequence, according to him, is the extreme nature of our weather conditions. The alternating presence of both the La Nina and the El Nino phenomena in the Philippines is unquestionably apparent each year. Third is the rising sea level, “which is a very big problem especially for coastal communities, and because of how we draw water (from our sources).” Lastly, Limoanco cites the increase in temperature each year. Facts show that in April of 2011, temperature has reached 38.5 degrees in certain parts of the country, particularly in Northern Luzon, relatively higher than the 35-degree weather recorded in 2010.

This is how Green Kalinga prepares the GK communities for the reality of climate change.

They take these four main considerations and adapt to climate change by marrying the science with the practical solutions that they introduce to the GK residents through the programs that they educated them with.

He shares that while Green Kalinga has been in existence for “more or less, three years,” the group’s foray into intentional environmentalism came about when, “we got the Al Gore of the Philippines to join us” in 2008.

Limoanco was referring to former DENR Secretary, Elisea “Bebeth” Gozun. She served as DENR Chief from 2002-2004, and was also appointed as Presidential Adviser on Global Warming and Climate Change in 2010. “She used her advocacy and influence not only to mesmerize our board but also to really bring the issue (of the environment) on the table.”

Veritably, climate science is a highly technical phenomenon, which to a layman’s understanding is simplified in terms of the climate’s effects and when such are felt and experienced. He adds that, “even the layman-ized version is somewhat hard to digest. (When we speak of) sea levels rising, (it comes across as) wala namang dagat dito.

And so what we’ve been doing is really relating it as something (that can be understood (on a daily basis). Yung gutom, yung tubig, yung dumi. It’s something you feel. You have to make them feel it (for it to be completely understood). Hindi pwedeng it’s getting warmer, there’s more rainfall. Rainfall is a reality. They don’t measure it. For them, umuulan, umiinit.”

Limoanco adds that with Green Kalinga,

“everything is integrated… and that’s also the challenge of how we implement the environmental plan. Hindi kami standalone program. Everything that we do on the ground touches on the programs in Gawad Kalinga.”

With this, Limoanco reveals in his essay, “Bringing Back The Forest Into The City,” that GK Espiritu Santo Village in Sitio Pajo, Quezon City is actually, “the first Urban GK community to introduce to its residents the practice of organic urban agriculture,” wherein residents are taught how to plant their own vegetables in order to meet their daily nutritional needs. Naturally, this was the site where The Red Chronicles conducted the interview, and during the tour, Limoanco proudly shared that the urban farm that the team observed was initially set up in four houses and that, “everything else was selfreplicated… walang manual.” While he admits that a communal garden would have been the more perfect model, he explains that everyone in the community would eventually benefit from the greening and the cooling of the temperature. Moreover, the urban farm actually made nourishing food more affordable to the residents.

THE ECONOMY OF INTENTIONAL ENVIRONMENTALISM Cost is obviously an immediate concern when it comes to “going green.” Limoanco owns up to the fact that being an environmentalist is not necessarily inexpensive at the onset, hence his quest to find ways to make these environmental plans more feasible. This is why green solutions like urban farming, “cool roofs” or roofs painted in light colors to deflect heat, and simple waste segregation are adopted and replicated in each GK community. He reiterates that Green Kalinga does not have the most high end of clean technology at the moment, but that, at this community level, these solutions are “very doable in five million families and beyond”—their goal figure in 2024.

----Gawad Kalinga, through its various programs, is working towards a better Philippines, by ameliorating one community at a time. Ending poverty to five million poor families by providing land for the landless, home for the homeless, and food for the hungry may seem far-fetched. However, as with every great nation, it only takes one small step to pave way for something bigger. It only takes one individual to take the initiative to make the sacrifice. The Red Chronicles is one with Gawad Kalinga in their vision of developing a better environment through empowerment of the poor, not only for today’s generation, but for future generations as well.

OCTOBER 2011

17

SPECIAL FEATURE

National Greening Program

A PRIMER

As told to KATERINA SANTIAGO

The National Greening Program is President Aquino’s latest effort

towards ecological balance, economic security and sustainable human development.

Spearheaded by the DENR, the program targets the planting of 1.5 billion trees on 1.5 million hectares of land and strives for poverty reduction, resource conservation and protection, productivity enhancement, and climate change mitigation and adaptation.

The Red Chronicles was fortunate enough to have been granted an interview with the Office of the DENR Secretary Ramon J. P. Paje for a closer look at the program.

Q: How is the National Greening Program (NGP) different from other reforestation schemes?

A: The NGP employs the following strategies: 1) Social Mobilization

- Government, private sector, people’s organiza-

tions (POs), non-government organizations

(NGOs), and civil society collaborate in NGP

activities, as volunteer planters, longterm

plantation stewards, or donors.

- To promote synergy, the DENR implements

the NGP together with other government

agencies. The DENR, DA and DAR, under

the Convergence Initiative, shall be the venue

to coordinate the convergence of NGP activities

at the national level and monitor progress.

- To ensure survival of planted trees, all planting

of seedlings shall be done in areas with POs or

legitimate stewards within forestlands, who

shall protect and maintain the established

plantations.

2) Harmonization of Initiatives

- For the first time, all greening efforts and other

similar activities of the government, private

sector, local government units, and civil society

shall be consolidated and harmonized under the

NGP.

- On an annual basis, government agencies (espe

cially the DA, DAR, DENR, DILG, CHED-SUCs

and DepEd) shall help produce appropriate qua-

lity seedlings for the NGP.

- The Convergence Initiative agencies (DENR,

DA and DAR) shall provide technical assistance.

3) Provision of Incentives

- Tenured communities (those given access rights

to occupy and help develop, manage and protect

certain areas of forestlands) shall be priority re-

18

THE RED CHRONICLES VOL. 5 NO. 1

cipients of the Conditional Cash Transfer (CCT)

of the DSWD.

- All proceeds from established agro-forestry

plantations shall accrue to beneficiary communi-

ties.

4) Maximization of Available Science and Technology (S&T)

- This involves proper planting site characteriza-

tion to ensure species-site and market matching

of target areas, and optimization of use of land

wherein planting sites will be zoned into

production and protection areas.

- Protection zones will be planted only with en-

demic, native or indigenous species, while

adapted fast growing forest tree species shall be

allowed in production areas. Preference shall be

given to indigenous fast growing trees in

production zones.

- The use of cloned seedlings and organic/

microbial fertilizers shall be encouraged for

planting within production zones to increase

yields and shorten the rotation/harvesting

periods, and increase survival rates, improve

performance (ex. yields) and tolerance to pests

and diseases, respectively.

Q: What is the rationale behind the number of 1.5 B trees for 1.5 M hectares of land? What varieties of trees and plants will be used in the program, and why?

A: Planting will be undertaken within a six-year period (2011–2016) in lands of public domain such as forestlands, mangrove and protected areas, ancestral domains, civil and military reservations, and urban areas.

- The objective for a plantation determines plant

ing density and species mix. For instance,

fuelwood plantations, which will adopt high

density planting, can have as many as 4,444

seedlings per hectare but only 204 seedlings per

hectare for certain fruit trees. An estimated 1,000

seedlings are required per hectare; thus, 1.5 bil

lion seedlings for 1.5 million hectares.

- NGP shall produce/procure seedlings for

various plantation types: forest trees for

protection zones; forest trees and fruit trees for

production zones; small/medium sized

ornamental indigenous forest trees for urban

areas; non-timber forest species for planting in

protection or production zones.

Q: Which locations are priority areas for reforestation?

A. Areas within forestlands managed by a community, who shall serve as stewards over the plantations, including mangrove and coastal areas, protected areas, ancestral domain areas and other areas are prioritized.

Q: How does the program hope to address the effects of climate change?

A. Since open, degraded, denuded and unproductive areas are targeted for rehabilitation, the program serves as both climate change mitigation and adaptation. Upland rehabilitation addresses the productive, protective and service functions of the uplands.

Q: Can you expound on how the program aims to help reduce poverty and develop food security?

A. NGP aims to reduce poverty by providing livelihood opportunities to upland communities, one of the poorest sectors of society. The link between poverty and natural resources degradation has been clearly demonstrated. Upland rehabilitation will help provide livelihood, expand food and clean water sources, enhance the micro-climate conducive for people, animals and crops, provide timber and non-timber products of economic value, and spread these benefits to other poor communities. Food crops are also planted in the uplands.

Food security concerns will be addressed as NGP targets the development of upland farms through agroforestry and rainforestation.

Q: Can you explain further the convergence model and the watershed and ecosystem management approach that the program has adopted?

A. The convergence initiative (CI) strategy aims to pool and maximize resources of agencies to demonstrate their impact on countryside development. It is a response to the fragmented delivery of agriculture and rural development services towards improved governance and maximized use of resources.

According to DA-DAR-DENR Joint Memorandum Circular No. 01, Series of 2010, the implementation of this strategy shall be guided among others by complementation of resources and expertise of concerned agencies, with LGUs taking primordial consideration in the implementation of CI. The watershed and ecosystem management approach – the holistic, collaborative, multiple use and sustainable management of all resources within a watershed – is the intervention framework in convergence areas.

This entails holistic planning, also called ridge to reef planning, and parogram implementation for more impact. This is only possible through collaborative work among the national government agencies, with the help of private sector and civil society groups.

Q: With rapid urbanization and residential development happening in the countryside, do you see any negative or ill effects on the implementation of the National Greening Program?

A. There would be no ill effects on the implementation of the NGP, since the environment cannot be compromised. Development initiatives should incorporate environmental concerns for sustainable development.

The implementation of the NGP has legal bases in EOs 23 and 26 because the government recognizes the need for greening initiatives in light of climate change, global warming and subsequent loss of biodiversity besides local concerns such as poverty reduction, food

and economic security.

Q: How can the private sector contribute to the program?

A. Private firms may plant trees in designated planting sites, provide assistance to upland communities in taking care of newly established plantations, or donate seedlings, polyethelene bags, organic fertilizer, planting tools, etc.

They may also enroll in tree planting activities as part of their corporate social responsibility (CSR) initiatives.

The private sector may establish plantations within designated production zones as an investment, where the plantations can be harvested at a maturity. This will reduce our dependence on imported forest products in line with EO 23, which mandates a moratorium on the harvesting of logs from natural forests.

Pursuant to EO 26, the private sector, together with CI and partner agencies, government-owned and controlled corporations (GOCCs), state universities and colleges, and communities, shall assist in seed collection, seedling production and establishment of nurseries for the NGP. It may also assist in the monitoring and evaluation of the NGP, as third party auditors.

Q: What incentives can be offered to the private sector to promote the objectives of the program?

A: The NGP offers free seedlings, pre-identified planting sites and technical assistance to the private sector. Under EO No. 226, fiscal and non-fiscal incentives are provided to preferred areas of investments, pioneer or non-pioneer, export production as well as rehabilitation or expansion of existing operations. Pioneer enterprises include enterprises engaged in the manufacture and processing of products or raw materials that are not yet produced in large volume in the Philippines. It also involves the design, formula or system applied, as well as agricultural, forestry and mining activities, and services and energy sectors (EO No. 226, 1987).

Among the incentives provided to qualified investments/projects are income tax holidays, tax credits, tax and duty exemption for imported raw materials and equipment, hiring of foreign labor, exemption from contractors’ tax, simplified customs procedure, and other tax incentives. Investors can repatriate profits and earnings, pay foreign loans and interests, and enjoy freedom from expropriation. These incentives can only be availed of for a period not exceeding eight years. (EO No. 313, 2004; EO No. 528, 2006).

Aside from those offered to enterprises registered with the BOI, there are other incentives provided to investors in the forestry sector. Plantation logs and other plantation products are exempted from payment of forest charges (RA No. 7161, DENR, 1997a, and DENR, 2004b). There is no restriction in the export of these products, as opposed to the ban on the export of logs from the natural forest.

Nota Bene: We would like to thank DENR Assistant Secretary Marlo D. Mendoza for his kind support and cooperation.

This interview has been edited due to page allocation constraints.

OCTOBER 2011

19

SPECIAL FEATURE

In the olden days, people in our country believed in the

A Portrait Of A Crusader: Tony Oposa Fights The Green War

He is a sailor, a scuba diver, a tennis player, a family man, a gardener, an author of books on the Philippine Environment, a founder of an environmental organization and a Ramon Magsaysay Awardee. But he is more instantly recognizable as the environmental lawyer who won the two landmark cases, Oposa v. Factoran and The Manila Bay Case. Currently, he is also our country’s soldier in the Green War and a walking metaphor for the vanishing wisdom of our pre-colonial shamans.

By RIO DIZON

20

THE RED CHRONICLES VOL. 5 NO. 1

wisdom of our shamans – the Katalonans -- who healed, prophesied and listened to the voices of nature. These sages viewed human beings as on equal footing with animals, plants and natural forces. Everything on Earth had spirit and should therefore be regarded with respect. But we no longer hold such world view. We no longer have such wise elders to guide us.

But one man heroically rises to the occasion. Atty. Antonio Oposa, Jr., fearlessly and resiliently rallies for the preservation of our country’s environment, using the law as his medium. Standing up to scrutiny, frustration, ridicule and accusations of madness, Oposa, over time, has successfully commanded a hearing.

The Makings of A Crusader Oposa discovered the magic of and his love for the seas at a very young age. He was raised by his grandfather, a captain, who owned a stretch of white sand in Bantayan Island, Cebu, which Oposa frequented in his youth. At the age of twenty, he witnessed acts of illegal fishing in the said area, which prompted him to go around the island on a small boat, take pictures and write letters to authorities. However, he was “royally ignored.”

Such is only one of the many moments that can turn a simple man to one with a vision. And so, Oposa went on to pioneer Environmental Law in the Philippines. Unlike his peers, he did not graduate with (nor aspire for) Latin Honors from the University of the Philippines College of Law. “But what I lack in brains,” he likes to say, “I make up for in guts.”

Those guts pushed him to brave the unconventional.

In the 90’s, Oposa shut down his lucrative corporate law firm to devote his life to environmental law, a term unheard of in the Philippines at that time. Two decades later, he received his Masters of Laws from the Harvard Law School, where he was the commencement speaker of his graduating class.

The Landmark Cases Oposa’s image is that of an energetic and passionate reformer. He seemed to have been fatefully built for this environmental revolution. But every revolution is hard. It needs time to take root. The length of time and the strenuous efforts needed for this grind can be seen in Oposa’s David-and-Goliath, decade-long battles in court. For him, it is not just environmental doomsday speeches that will win this war against nature’s degradation. At the front-line of the Green battle he is waging, are the long and hard-fought cases that he has won and have gained renown worldwide.

One of the two landmark cases under Oposa’s belt is the famous and well cited, Oposa v. Factoran. He filed this case against Fulgencio Factoran, Jr., then Secretary of Environmental and Natural Resources, to stop the granting of timber licenses. This case was filed by Oposa on behalf

© Photo fromInternational Institute for Sustainable Development (http://www.iisd.ca)

Photo taken from law.harvard.edu © Melvyn Calderon/Getty Images

of 43 minors, espousing the principle of “intergenerational equity” as proposed by American lawyer, Edith Weiss. The case has popularized in local and international law what is now known as the Oposa doctrine.

Another case just as peculiar and avant garde at its groundwork, is the Manila Bay case. “When I filed my case in 1999,” he recalls, “I didn’t tell anyone. I knew that they’d think I was crazy.” But the “madness” was a victory. Oposa has successfully spurred the government to have ten of its agencies clean up the Manila Bay. A High Tide of Perils and Threats While having the land, sea and air as clients is every bit fulfilling, it also means going against government, authorities and tycoons. And to run afoul of these forces sometimes entails certain perils.

In April 2006, Oposa and his partner, Elpidio “Jojo” dela Victoria, were putting efforts in trying to stop commercial fishing in the Visayan Seas for it to be able to heal and recover from the destruction caused by illegal fishing. Dela Victoria heard that a one million-peso reward would be given to whoever could assassinate them both.

They found the death threat hilarious.

A few days later, Dela Victoria was shot multiple times in front of his house.

Oposa was on vacation with his family in Bantayan Island at that time. When he received the phone call informing him about Dela Victoria’s death, he sat down and cried. Oposa could have well just given up and retreated to silence and safety, but instead, he fought harder in the struggle he started with a dear friend. He went on to arrest commercial fishing boat owners with the help of the National Bureau of Investigation.

Indeed, Oposa’s spirit remains indomitable. “Disappointments and setbacks will be many. Very many,” he said. “But the true test of character and commitment is when we face difficulties and failures, and yet after that, are able to rise to greater heights.”

The Nutty Professor When he is not roaming the seas, conducting raids, or walking the halls of the courts, Oposa works at the breeding ground of the environmental movement: the academia. He teaches at the University of the Philippines College of Law every second semester.

Bringing his eccentricities and unconventional ways with him to class, Oposa, instead of making his students memorize laws and jurisprudence, requires each of them to take care of a plant. The pots one might see in the garden of Malcolm Hall are actually for his class. If a student’s plant dies, he or she fails that particular component.

Oposa is also known for giving unusual final exams. In 2009, the question was, “Using the power of the law, how would you turn the South Luzon Expressway into a vegetable garden?”

Captain Courageous In the film Braveheart, the character William Wallace says ““Men don’t follow titles; they follow courage.” If this echoes true in our society today, then Oposa, overflowing with audacity, would readily be able to forge the future he envisions for the county. His dream? That the Filipinos think – not just out of the box; he wants them to “jump out of the box, turn the box upside down and shake it.” He dreams that one day, the Filipinos will “unleash their natural genius in our love for nature and show the world how to live sustainably.” He even fantasizes about the Nobel Peace Prize being awarded to the Filipino as a people. “Organizations have received it, like the United Nations and the Red Cross. Why not a people, if they will lead and show the world in adapting to and facing the dangers of climate change?”

Much is to be said about Oposa – his life, work and vision. Needless to say, he is a walking embodiment of centuries-old wisdom; the warrior that the gods sent for Mother Nature. Because the Earth is mute and too forgiving to constantly remind us when it is hurt, and because it has no vote in Congress, Oposa comes in as the voice of nature. He is, in a way, the environment’s insurance policy.

This son of a gun who championed the causes of the environment says he will never retire from the work of trying to do a little good and making people understand that we cannot go on wasting our life-sources away. “Anything worth doing cannot be done in a lifetime.”

OCTOBER 2011

21

Governing A Global Crisis

Among ASEAN countries, the Philippines is diligently working towards proper environmental governance.

22

THE RED CHRONICLES VOL. 5 NO. 1

Photo by CHUCK VALERIO. Shot on location GS Department, San Beda College Alabang

First World Challenge To Third World Problems

T

SPECIAL FEATURE

HE ERRATIC CHANGES IN OUR WEATHER PATTERNS HAVE BEEN PLAGUING OUR LEADERS FOR YEARS NOW. HAVE THEY BEEN REMISS IN PROTECTING THE INTERESTS OF THEIR CONSTITUENTS VIS-À-VIS EFFECTIVE IMPLEMENTATION AND ENFORCEMENT OF OUR LAWS ON THE ENVIRONMENT? AMBASSADOR AMADO TOLENTINO SHEDS SOME LIGHT ON THE QUESTION.

By SAMANTHA SANTOS

We see him roaming the halls with one of the warmest smiles in school but little did we know of the degree of Ambassador Tolentino’s involvement with environmental issues. In his classes, he wittingly injects current matters concerning the environment, and it may be passed merely as a leisurely pursuit of the developments on such issues. The extent, however, is more immense than one would expect.

His work spans decades as an environmental advocate both here and abroad.

An environmental law pioneer, Ambassador Tolentino is presently the Executive Governor (for developing countries) of the International Council of Environmental Law, a Bonn (Germany) - based public interest organization of environmental lawyers with consultative status at the United Nations. Previously, he was first director of the Philippines’ Environmental Management Bureau; Coordinator of the ASEAN Experts Group on the Environment; Vice Chair of IUCN’s World Conservation Union Commission on Environmental Law and Environmental Law Consultant to the United Nations Environment Programme.

In a published manuscript entitled “Reflections From Developing Countries”, he talks about the role of the government in creating a system conducive to effective environmental governance, or the “the manner in which people exercise authority over nature”. According to him, such structure is imperative in order to foster collaboration among institutions on environmental protection and help improve the direction of environmental law.

The Grassroots There has been a proliferation of environmental laws as early as the 70’s, during the Marcos regime. It was described as a “mushrooming of laws” that led to our having the “mostest” (sic) laws pertaining to the environment among developing countries.

The Environment Code (Presidential Decree 1152) is one of the many laws in our statute books. However, the problem is many of the laws remain unimplemented. Ambassador Tolentino attributes the situation to little funding, lack of political will, and no qualified personnel. A reason for under-budgeting of environmental concerns is that, the effects of environmental degradation are not immediate.

It takes years for pollution as well as other issues such as population growth to enter alarming levels. There is a certain lax tendency among our leaders when they prioritize other pressing matters.

Ahead of the Game In relation to developed countries, the Philippines is doing its best in both education and governance. Be that as it may, the developed countries have had a head start. Equipped with better facilities, education, funding, and training, first world countries have all the resources for better environmental governance. Yet, the fact remains that these are also the countries believed to be the cause of environmental degradation like through excessive gas emissions.

Among ASEAN countries, the Philippines, together with Singapore, Indonesia, Thailand, and Malaysia are diligently working towards proper environmental governance while countries such as Cambodia Laos, Vietnam and Myanmar are tirelessly working to be at par.

As much as there are different ways of environmental governance done by each country, Ambassador Tolentino stressed the idea that

there is still only one earth. We have one environment to protect, as well as treaties and conventions to uphold. It is paramount that, in this regard, we set aside sovereign barriers for the benefit of mankind. After all, the air we breathe, the rivers, as well as species of plants and animals, know no boundaries.

Educating the People There has to be public information and awareness on environmental legislation. At times, people resort to bribery and corruption in order to avoid the laws. Therein lie a deep-rooted behavior and culture.

The easy way out has become a sort of quicksand for the future of our environmental laws.

Lack of political will is said to be a problem of environmental governance. Information, awareness, and education are the solution, which can be taught in schools. Primary levels should be given information about the effects of proper and improper environmental management. As such, law students should be taught the intricacies of environmental laws and the need for them in our country. Therefore, laws should play hand in hand with the progress of science. It should not lag behind. The laws are tools for environmental management.

This brings us back to the need for collaboration with other countries and a relaxation in the interpretation of the concept of sovereignty.

Current Undertakings Ambassador Tolentino, together with representatives from other countries, is currently working towards the creation of an International Court of the Environment that is dedicated solely to cases involving environmental issues. As the International Court of Justice, which is under the United Nations, is focused on cases involving states and may assume jurisdiction only when given consent by the parties, the institution of an International Court of the Environment would cater to individuals, NGOs, states, supranational organizations like the EU, and private entities. Concomitant thereto are national green courts that will provide more specialized handling of environmental issues at the local level.

What Lies In the Future As a parting note, he emphasized that law responds to a need and the need of society now is effective environmental management. The students of San Beda College Alabang School of Law should work on three simple reminders. Do something. Take action. Connect with others. As students, it is never impossible to help lawmakers in making good their promise of better environmental governance. The instruction should not be left solely to the lawmakers. As students, we should do so by simply educating ourselves on the benefits and necessities of environmental protection.

Lastly, a connection must be made with others by sharing. The laws and information learned should be shared with others. This will be a considerable contribution to the monumental task of actual law implementation and enforcement.

The full text of Ambassador Amado S. Tolentino’s paper entitled “Reflections On Developing Countries” may be found online at www.iddri.org

OCTOBER 2011

23

SPECIAL FEATURE

Natural Is Beautiful:

How Two Filipino Brands Made It In The Business of Beauty

By ARETHA EUGENIO and LAISA AGUILA

The business of beauty is a highly lucrative yet highly

saturated market. The beauty and cosmetics industry is undeniably a major contributor to pollution, churning out product after product in non-biodegradable packages at a rate faster than the time it takes for these materials to decompose. These days, however, when issues concerning the environment become more apparent in the daily lives of people, the Filipino buyer has become more discerning and is more than willing to put a premium on “green” and “eco-friendly” products. Luckily, two Filipino personal care brands have responded to this need and are both proudly waving our flag in the international arena of beauty.

O.N.E. NATURALES: One With Nature, One With The Filipina Who would have thought that a recyclable tin tube houses an exceptional formula for a hand and body lotion that doubles as a facial moisturizer? Or that an exceptional Filipino brand of body soaps, skin bar conditioners and solid shampoos could very well compete alongside well-known personal care brands? It could rival the look of L’Occitane in terms of packaging— without using plastic at that, and is priced competitively by being 30 percent cheaper than The Body Shop. Organic. Natural. Eco-friendly.

That’s O.N.E. Naturales for you.

O.N.E. Naturales is the brainchild of Nela Charade Galang. Galang, a licensed pharmacist, entrepreneur and president of Rochar Cosmeceuticals, Inc., is also the chief product formulator and spokesperson for the brand, and rightfully so. Her striking presence and arresting beauty makes one trust the very same products that she herself conceptualizes, formulates and, quite obviously, uses. Her glowing skin and her youthful aura lend credence to the veracity of her testimony— her products work beautifully on her, and so did they on thousands of her clients that hark back to the days of her soap-making home business. Galang looks back at the humble beginnings of her company fondly.

Armed with only an initial capital outlay of Php 30,000, a soapmaking machine and her entrepreneurial wits and hands-on approach, she formulated 150-gram bars of soap containing glutathione and papain whitening, and sold these via the Internet. Her

homemade soaps were a hit. They were not only effective, gentle on the skin and suited for different skin types, but were also very affordable at Php 12 to Php 15 per bar, reaching Php 75 on retail.

Soon after, Galang flew to different provinces, met and transacted with provincial distributors and sold the soaps in groceries and pharmacies, even via networking, as she considered these her “points of sales”. All these caused the product to take flight and become attractive to overseas partners and investors.

Affordable “natural luxury” O.N.E. Naturales, speaking through Galang, firmly believes that “natural ingredients result in natural beauty”, which is why the products were created by “using the best combinations of naturally sourced ingredients and organic extracts, purees and essential oils at high levels”. Galang envisions the brand as something that “offers natural luxury which brings home the experience of nature’s benefits.” She reveals two factors which are the building blocks of O.N.E. Naturales. Galang wanted a product that was: 1) made from natural and organic ingredients—things that act as food which nourish the skin and; 2) environment-friendly, made from reusable packaging materials. Both became her top considerations for the product since she is a diver at heart and she loved participating in clean-ups.

The solid shampoo, which is one of its best-sellers, contains essential oils from tea tree oil, lavender and geranium, and is interestingly more potent than the liquid version sold by most brands in the market today. The uniquely famous hand and body lotion, which contains a rich amount of Vitamin E, is noncomodogenic and doubles as a facial moisturizer. It is packaged in a tin tube which actually strengthens the potency of the formula. Solid lotion bars, body butters and organic soaps are all packaged using recycled paper products. All O.N.E. Naturales products do not contain synthetic fragrances, coloring agents and preservatives which actually shorten the shelf life of most products and could irritate the skin, contrary to popular belief. In fact, before the brand came about, Galang previously supplied her formulations, supplements and cosmetics to dermatologists while these clinics sold her products under their own names.

“Masyado akong makabayan, ayokong maunahan tayo. Gusto ko Filipino product siya.”

24

THE RED CHRONICLES VOL. 5 NO. 1

There is no doubt that there is a noticeable surge in an appreciation for all things organic, natural and environment-friendly in the Philippine market today. But the reputation of ‘natural’ and ‘organic’, especially in personal care items and cosmetics, does not come cheap. Arguably enough, O.N.E. Naturales belied this preconceived notion when it became available in Watson’s stores in the Philippines, an international retail chain which sells personal care items and cosmetics. When O.N.E Naturales celebrated its first year anniversary, the products were sold at an unbelievably low price of Php 199.

O.N.E. with the Filipino Initially, the brand was being wooed by a foreign business group in Europe, however Galang refused such offer. “Masyado akong makabayan, ayokong maunahan tayo. Gusto ko Filipino product siya.” While she admits that the brand did not employ aggressive advertising strategies because it costs a lot, Galang maintains the integrity of the brand and adds that, “The good thing about me being a pharmacist is that I’m very particular about ingredients.

Before I sell a product, I test everything.”

This is an assurance that the brand actually undergoes stringent standards in formulation and research and that Galang actually takes the behaviour of the Filipino purchaser in consideration with the entire process. She notes the typical Filipina’s fascination with the beautifully fair and luminous complexions of Korean women. She shares in an interview, “Koreans have beautiful complexions because of their stringent standards in the formulation (of a product). They don’t use one ingredient for all products. A certain product requires a different ingredient from the others to get the benefits. That’s one thing that the local industry doesn’t do. Filipinos focus on the results but not the process or the science behind it.

For instance, they just want to be whiter without trying to understand how one becomes fairer.” She cites the fixation with the ingredient hydroquinone as a whitening agent. Most countries have banned this particular ingredient, but it is still present in the local market and consumers lapped it up as long as it made their skin fairer. Galang is a firm advocate in products that “nourish the skin with more food than junk”, hence her aversion towards our skin’s exposure to products which contain chemical agents.

Before the year ends, O.N.E. Naturales will be available in Watson’s stores in other countries and would be including cosmetic products and advanced skin care products in its line.

HUMAN NATURE: Natural and Organic Products to Benefit the Poor, the Philippines and the Planet From transforming slums into beautiful communities, to saving the environment – Gawad Kalinga volunteers Camille Meloto and Anna

Meloto-Wilk, together with her husband, Dylan Wilk, envisioned a company that is ProPhilippines, Pro-poor, and Pro-Environment.

Gawad Kalinga started with a vision of ending poverty, but the Meloto sisters did not think it should stop there. “What was lacking was sustainable livelihood for the communities”, Anna shares. And so they thought of creating a business that was not only sustainable and profitable, but alsoable to help the poor in the country.

While they were stationed in the United States in 2007, the Meloto sisters observed that natural and organic products were already being sold in the mainstream market. Being advocates of the environment, the Melotos wanted to create their own natural and organic products. Beginning 2007, until they got back to Philippines in June of 2008, the Melotos continued to do their research on organic and natural products, including ingredients that could be sourced in the country. While doing research on such products, they noticed that almost all of them had virgin coconut oil.

“Coconut is everywhere in the Philippines.

Aren’t we the biggest exporters and producers of coconut in the world?”, Anna states.

With this, they have already discounted using sweet almond oil, olive oil and other raw materials that cannot be grown or sourced in the Philippines.

Armed with enough knowledge through vigorous research, they came up with a collection. “We focused on necessities like shampoo, conditioner, facial wash - we wanted to offer an alternative to the chemical products that are available in supermarkets. We didn’t want to focus on luxury items. We wanted it to be part of (your) daily life.”, Anna shares.

A few months later, in November 24, 2008, Human Nature, was launched. Barely two years after, in 2010, Human Nature has already sold 2 million products and has grown from five employees to seventy; and from two branches in 2009, to about twenty at present.

Asked about the main consideration for the products, Anna answered briefly, “There are three things; (it has to be) pro-Philippines, pro-poor, pro-environment.”

Pro-Philippines Human Nature products are all manufactured locally. As much as possible, only raw materials that grow and can eventually grow in the Philippines are used in the formulation of the products. However, there is still a need to import a lot of other raw materials because they are not locally available in the form that can be used for cosmetics. But anything that is available in the country, like essential oils and citronella grass, are locally sourced. Furthermore, Human Nature is pro-Philippines because it is affordable. “We want as many Filipinos as possible to be able to use natural and organic products”, said Anna.

OCTOBER 2011

25

the extraction equipment for Davao.

Hopefully, by next year (2012), we can already shift sourcing from the imported to the local suppliers”, Anna states.

Pro-environment

Pro-poor Since the Meloto sisters wanted to provide sustainable livelihood, Human Nature employees are from the Gawad Kalinga communities. The fact that these employees are earning above minimum wage, with 150% premium on overtime pay is exceptional. And unlike other companies, where the probation period of employees lasts up to six months, Human Nature employees become regularized after only three months.

Human Nature has also commenced several campaigns to give back to their partner communities. Last year, the 100 for 1 Community Campaign was launched, where one million pesos worth of product sales was turned over to the cooperative in Bicol, for them to be able to buy 20 hectares of additional land so that they can grow more citronella. Also, it was able to fund a drying and extraction facility for the farmers to improve their productivity and efficiency.

Another project is the Compassion Campaign, wherein 100% of profit from lipsticks goes back to investments in the Gawad Kalinga community in Davao, which grows passion fruit and sunflower.

Currently, they still import sunflower and passion fruit oil for the raw materials because there is no extraction facility in the Philippines. “We launched the campaign so we can raise the funds to buy

“If we have a more natural and patriotic lifestyle and way of living, then in our own way, we are able to contribute to nation-building.”

26

THE RED CHRONICLES VOL. 5 NO. 1

Human Nature ensures that all the raw materials used in the formulation of their products are biodegradable and safe. When asked if the products are 100% natural, Anna said that most of their products are 100% natural and others are at least 95% natural.

Human nature also uses polyethylene terephthalate (PET) bottles, which is a plastic resin and a form of polyester. These bottles are resealable, shatter-resistant and recyclable, similar to your mineral water bottles.

Human Nature also launched its Balik Bote Bigay Buhay Program, where consumers can return empty Human Nature bottles or other PET bottles to any Human Nature branch. These bottles will be sold and the profit will be used to fund Gawad Kalinga projects in the community.

They also have the Bring Your Own Bag Wednesdays, where Human Nature does not give paper bags for products bought in the store during Wednesdays. This is in line with our vision of encouraging everyone to help contribute in saving our planet by “bringing your own bag.”

Admittedly, there is a whole new trend of organic and natural products in the country today. People have become aware that these products can be and are now being produced in the Philippines. Natural and organic products are now readily available, although at times, at unreasonably high prices. And with the demand for these products suddenly being eminent, some companies have taken advantage of such. Others claim that their products are natural but upon close scrutiny, only 1 percent of its ingredients come from natural resources. What makes Human Nature exceptionally different is that despite the limited marketing budget, and because most of their resources are used in research and development to ensure that the formulations are safe and natural, they value their integrity. Human Nature declares what percentage of their products is natural.

Human Nature, through its wide range of eco-friendly products has continued to live up to its vision of being the “gold standard of a globally successful enterprise, with a heart that will embolden all businesses to better serve society.” Making it a mission to “showcase the best of the Philippines and uplift all our people, especially the poor through providing affordable, quality, natural products”, Human Nature has successfully instilled patriotism, as well as concern for the environment, in the hearts of their consumers. “I really want to encourage Filipinos to be more discerning, to read the label. To educate themselves on what is safe and what is better, not only for them, but also for the environment. And on top of that, to really put into their decision making the factor of helping the country. If we have a more natural and patriotic lifestyle and way of living, then in our own way, we are able to contribute to nationbuilding.”, Anna states.

By MICHAEL LORICO

In

Photos courtesy of Google

response to the environmental crisis, Muntinlupa City took a major step towards a greener solution when Mayor Aldrin San Pedro signed Ordinance 10-109, “An Ordinance Prohibiting the Use of Plastic Bags on Dry Goods, Regulating its Ulitilization on Wet Goods and Prohibiting the Use of Styrofoam/Styrophor in the City of Muntinlupa,” in January 2011. The ordinance primarily bans establishments from using, selling or offering plastic bags as primary or secondary packing materials for both dry and wet goods. It also bans the use of polystyrene containers, also known as styrofoam containers, for food, drinks and other goods.

In a global scale, the ban on plastic bags is already implemented in cities such as San Francisco and Los Angeles in California, USA. Our Eastern neighbor, China, has in fact banned the use of plastics as early as 2008. Italy followed suit in January 2011 when the country imposed a nationwide ban on the use of plastic bags. Other countries such as Taiwan and Belgium, opted for a dif-

ferent measure by imposing taxes on the use of plastic bags.

For the Philippines, this is a first for Metro Manila. Veteran actor Roy Alvarez, President of the EcoWaste Coalition, expresses optimism with this ordinance. “The Muntinlupa plastic ban offers a beacon of hope for our beleaguered environment that has long been suffering from white pollution -- the notorious litter caused by the unimpeded use and disposal of plastic materials such as polyethylene bags and polystyrene containers,” he states.

Accordingly, what prompted the adoption of this environmental measure was the flooding caused by “Ondoy” in 2009.

Mayor San Pedro reveals that “90 percent of materials found obstructing storm drains and waterways are plastic discards, costing the city government P2.3 million for de-clogging operations in 2009.”

For violation of the ordinance, the City government shall impose a fine ranging from Php 500 to Php 2500, including an imprisonment of not more than six months.

Business establishments who shall be caught violating the said ordinance shall face the penalty of having their business license suspended for a period of one year or the stiffer penalty of having it revoked.

Muntinlupa City believes that it is about time that they move one step towards

To Smoke Or Not To Smoke: That Is The Question

By DUGIE DELA CRUZ

For those who are not under the illusion that cigarettes are the

best way to release stress. For those who do not strongly believe that consumption of nicotine results to a faster digestion. For those who do not perceive smoking not as a vice but just a normal habit—To smoke or not to smoke, is the question they need not answer. However, those who think otherwise to the aforementioned statements; shall altogether raise your hands and try to figure out the resolve.

If you are “one of those who think otherwise” and you wish to puff away while in a public place within Metro Manila, you must not only have a full awareness of the law that prohibits the act, but also have a clear understanding of its substance. If you do not, then be prepared to pay 500 pesos (1st offense), 1000 pesos (2nd offense), and 5000 pesos (3rd offense); or render an eight-hour community service if you cannot afford to pay the said fine. So as a caveat to “those who think otherwise”, these are the pertinent provisions of the law which shall be the basis of your violation.

Section 5 of the Republic Act No. 9211 or the “Tobacco Regulation Act” provides that Smoking shall be absolutely prohibited in the following places:

a. Centers of youth activity such as playschools, prepara

tory schools, elementary schools, high schools, colleges

and universities, youth hostels, and recreational facilities

for persons under eighteen (18) years old;

b. Elevator and stairwells;

c. Location in which fire hazards are present, including

a cleaner and greener future for the residents of the city. As a complement to such ordinance, the City government promotes the “Bring Your Own Bag” program.

“Through this ordinance, we want to encourage business owners and the public to protect the environment by not using these materials,” Mayor San Pedro states.

Though it takes a massive effort to school and inculcate the practice of environmental preservation among the citizenry, a small step such as this ordinance is all we need to propel and gain momentum in such movement to a greener environment.

Photos courtesy of Google

Paying it Forward: Muntinlupa Pulls Out the Plastics

gas stations and storage areas for flammable liquids, gas, explosives or combustible materials; d. Within the buildings and premises of public and pri vate hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and labora tories; e. Public conveyance and public facilities including air port and ship terminals and train and bus stations, res- taurant and conference halls, except for separate smok ing areas; and f. Food preparation areas

On the other hand, Section 6 of the said law provides that places not covered by Section 5 may include a designated smoking area within the building, which may be in an open space or a separate area with proper ventilation, but shall not be located within the same room that had been designated as a non-smoking area.

In order to give a strict implantation of the law, the Metro Manila Development Authority (MMDA) gave a formal declaration that starting May 27, 2011, the authorities under the 17 Local Government Units of Metro Manila shall apprehend people who are smoking in public places. There are issues arising with regard to smoking inside private cars. The MMDA Chairman admits that there are gray areas regarding this matter. The issue on whether or not there is violation if a person was caught smoking while inside a private car will depend on what the ordinance of a specific LGU provides.

So if “those who think otherwise” ask themselves if the spot where they are is a proper place to smoke or not to smoke. They must be in full confidence that they are not going to violate any law; unless they are willing to be burdened by the consequences.

Then again the best resolve is: try not being “one of those who think otherwise”. It will not only save you from suffering the penalty, but will also add up more days to your life expectancy.

OCTOBER 2011

27

FEATURE

The First Semester Benchmark: An SLG Officer’s Report Card With reports from RIO DIZON and DUGIE DELA CRUZ

The first semester is almost over and it is time to take a look at the student law government officers’ pledges. Do we see some solidly fulfilled promises? Or words just built as a house of cards?

Myron Gutierrez Treasurer

Marketing himself as one-part CPA and onepart law student, Myron Gutierrez only promised three things: Transparency, Sound Financial Management, and Efficiency.

Transparency. As of press time, Gutierrez assures that he will be providing for a Treasurer’s Corner in the SLG Newsletter, wherein all the expenses and projects that were funded will be posted. This is to guarantee that every peso coming out from the SLG fund can be traced.

Currently, he is in the process of collecting receipts from people who requested funds for various activities, so as to audit if the budget that was given met its purpose.

Sound Financial Management. He did not declare an exact amount but Gutierrez guarantees that there are more than enough funds left in order to avoid the situation wherein the students tasked to organize the activities would shell out their own money for the completion of the project.

Efficiency. During the campaign, Gutierrez valiantly rallied for the avoidance of delay in the release of funds by submitting the request ahead of time. Then again, if there shall be delay, it is beyond his control. The same is true for the previous treasurers.

Mia Lapus Secretary

Mia Lapus vogued herself in pink campaign posters, served tons of pink cupcakes and gave out various pink merchandise. Formerly serving as Batch Representative during her Freshman year, Lapus now sits as Secretary General armed with promises of practical goals for the student body.

Accordingly, communication is her main target. During the campaign, she wooed the student body by assuring them that they will be informed of every activity and announcement of the school. So far, she was able to provide the SLG hotline wherein the students may directly send their inquiries. She is also currently

28

THE RED CHRONICLES VOL. 5 NO. 1

maintaining a Facebook and Twitter account; and even generated the SLG blog for those students who do not have Facebook and Twitter accounts. The announcements are regularly posted on these sites.

Lapus states that as part of her projects, the SLG plans to launch its own website. She further states that as promised, the SLG Newsletter which aims to update the students regarding their projects and activities shall be released soon. Lastly, Lapus reports that the SLG has already ordered the following items from the purchasing department to carry out the SLG Information Station project: 1) Two laptops 2) One desktop 3) One laser printer 4) SMART Bro Connectivity sticks

Dino Austria

External Vice President Formerly a relatively unknown figure in the Alabang Bedan community, Dino Austria rose to stamp his name and grab his seat through his simple and straightforward campaign. No catchy taglines. No cute gimmicks. During the miting de avance, he came on stage without an entourage, took the microphone and eloquently laid out his plans for SBCA-SOL. One of those plans was to improve student exposure through holding symposiums and talks on pertinent legal issues. Thus far, SBCA-SOL has had one symposium which was done during the Ruby Anniversary. The format was that of a town hall meeting where Austria invited stakeholders from different sectors to discuss, in their opinion, the progress of the new administration in relation to the department, bureau, or agency that the speaker pertains to.

Austria promises that there will definitely be more talks or symposia to come. Accordingly, he has already talked to several lawyers in government who are willing to talk about the pertinent legal issues facing the country. It is only a matter of reconciling their schedules and SBCA-SOL’s academic calendar.

A rather novel plan of his is to provide work

experience for students by undergoing summer internship programs through partnerships with law firms. This is a practice which is not traditional and integrated in the San Beda institution, both in Mendiola and in Alabang. Austria reveals that he has already made several informal agreements with various government agencies to take in SBCA-SOL students for internship programs. As soon as a concrete agreement and perhaps a Memorandum of Agreement evidencing it are acquired, Austria will make the necessary announcement. Currently, he is more focused on advertising and promoting students to these agencies. He discloses that these efforts have been met with much enthusiasm.

With regard to his proposition about Moot Court, Austria describes it as “quite tricky.” As he views it, SBCA-SOL has to start with small steps to be able to compete in various moot court competitions locally and abroad. Currently, the Ateneo School of Law has the monopoly on international moot court competitions. The reason for this is their extensive experience and a pool of devoted and highly experienced alumni who help them out. Austria states that both is lacking in SBCA-SOL as of now. However, with much optimism, he believes that a good start would be to look for different competitions those that are not typically joined by the other major law schools. In fact, he reveals that he has made preliminary arrangements with his network in the Asian Law Student’s Association to have the students of SBCA-SOL participate in their various moot court competitions.

Paul Claudio

Internal Vice-President

Academic Excellence, Proper System, One Student Body, and Leadership—these were the plans Paul Claudio laid down in order to improve the internal affairs of the School of Law. Academic Excellence. In order to achieve this, Claudio proposed for a buddy-system. This was carried out when the SLG organized the Freshmen Orientation. According to him, this was the perfect time for the higher batches and the newcomers to get to know each other. Another project that he proposed was the Notes Bank. Currently, he is still on the process of compilation.

Proper System. Claudio envisioned a change in the enrolment system. He states that the SLG was very successful in eliminating the number hoarding during the first semester enrolment, as they were able to take a full control of the situation during the enrolment. He further reports that the SLG is continuing to strengthen the beadle system by enlisting all the beadles’ contact numbers to make it easier to coordinate with them whenever there are important announcements and activities.

One Student Body. The SLG held a Recruitment Week, during which organizations were assigned booths where people can sign up to join. It was a rather successful event. Claudio who wanted to formulate new organizations, began to enflesh such plan by giving existence to a new organization: The Photography Club.

Leadership. According to Claudio, he sees to it that he makes himself available for everyone. He is visible not only during the programs sponsored by the SLG but also in the library.

Jom Gonzales President

Jom Gonzales served as Batch Representative during his Sophomore year. He was strident. He was seen. He was heard. Now he has repackaged himself to serve as this year’s SLG President. His platform was summarized in the acronym “BEST”: Bedan Empowerment. Efficient Services and Facilities. Student Centered Agendas. Team based, No one-left Behind Institution.

As president most of his projects are collaborative efforts with the different offices of the student council. Gonzales is pleased to say that a number of projects have already been realized, such as the Townhall discussion under the office of the EVP , the midterms reviewer kit under the office of the secretary, and the Org Recruitment week under the office of the IVP. Gonzales further states that there are still a number of projects lined up that are currently in progress. And accordingly, if all goes well, they expect to see them implemented by the end of the first semester.

Among such projects are: 1) The SLG website, which will include a grievance section allowing students a venue to voice out their concerns and problems to the SLG; 2) The treasurer’s accountability report, which will be released in the upcoming SLG newsletter.

3) The student lounge (in collaboration with the Office of the Secretary) which will provide students with free computer and printer facilities.

4) Career exposure talks and internship opportunities for the SBCA students in collaboration with the office of the EVP. The cards have been laid out, and ultimately, it is for the student body to decide whether their officers have delivered. Whether there is progress, slow progress, reasonable slow progress or plain sluggishness – it all depends on whose eyes it is. But what is for sure is the school year is not yet over and it’s still going to be a long hard slog for these officers.

OCTOBER 2011

29

FEATURE

Renewable Energy Development in the Philippines

By RAYMOND GEORGE SANTOS ESTRELLA

Chief Seattle (after whom the city is names) once said “Teach your children what we have taught ours, that the earth is our mother.

Whatever befalls the earth befalls the sons of the earth. The earth does not belong to man; man belongs to the earth. Man did not weave the web of life; he is merely a strand in it. We do not inherit the earth from our ancestors; we borrow it from our children. We do not inherit the earth from our ancestors, we borrow it from our children.” While said over a hundred fifty years ago, his words are as true today as they were before.

The past few decades, there has been a growing awareness of ecological issues, specifically human impact on the environment.

This has largely translated into initiatives on conservation and environmental protection. This is joined by the general populace’s mounting pressure to invest in clean energy sources. The increased familiarity with renewable energy has also fueled (pun not intended) a major debate on its potential to replace traditional energy sources such as coal and crude oil.

By all accounts, this dialog has arisen largely from a financial standpoint. While renewable energy is by far “cleaner” from a pollution standpoint, it comes at great cost. Since these new plants involve much more modern technology, there is still a significant startup premium attached to the system. These aren’t as established as, say, a coal or crude oil power plant. Even a nuclear power plants would generate electricity at a lower cost and with a higher margin. Further, there is a certain social inertia that results from long use and practice. It was the start of the industrial revolution in the late 1800s that truly industrialized the use of coal-burning plants without regard for the environmental damage they would cause.

And yet the Philippines has a huge potential for being a regional leader in the use of sustainable energy. Our country is blessed with numerous hydroelectric and geothermal plant sites, ideal solar power conditions, and competitive wind energy sites. The challenge now, is to develop these natural resources in a sustainable manner that balances both ecological impact and financial viability.

This is where R.A. No. 9513 comes in. The Renewable Energy Act’s objective is to develop sustainable energy sources and reduce the Philippines’ greenhouse gas emissions through the promotion of sustainable energy measures. Surprisingly, the biggest obstacle to adoption of renewable energy is not the technology itself; the science to harness clean energy sources has been at a mature stage for quite some time. Rather, the problem lies in the cost of generating electricity through sustainable energy sources.

At present, there is a sizable financial burden that comes with entering the electricity generation industry by means of renewable energy sources. While at an industrially mature stage, the industry itself is still in its relative infancy. Clean energy is expensive now because of the relative novelty and lack of established market competition in this field of the energy industry. Largely, this financial obstacle is solved by R.A. No. 9513 by creating financial incentives that help bring down the cost of generating and distributing en-

DO YOU THINK ENVIRONMENTAL LAW SHOULD BE OFFERED AS AN ELECTIVE IN THE SCHOOL OF LAW? WHY OR WHY NOT?

30

“No. I don’t think na kailangan kasi puwede naman insert sa Constitutional Law ‘yun as topic under State preservation. Moreover, although importante ‘yan malaman ng students, parang masyadong mahaba ang isang semester for that topic. Dagdag lang sa tuition at oras.”

–Jerome Carlo Castro, 2nd year

THE RED CHRONICLES VOL. 5 NO. 1

ergy from renewable energy sources.

R.A. No. 9513 was enacted with the establishment of the National Renewable Energy Program, an initiative to increase the country’s renewable energy capacity to more than fifteen thousand megawatts by 2030, a threefold increase from the present, thus alleviating the country’s dependence on imported crude oil to fuel traditional power plants. By the program’s conservative estimates, the 2030 goal would represent less 10% of the country’s potential to generate some 200,000MW from sustainable energy sources.

It does this through tax credits on domestic capital equipment and services, special realty tax rates on equipment and machinery, tax exemption of carbon credits, and duty-free importation mechanisms. These tax incentives would then serve to lower barrier-toentry costs of constructing and administering a renewable energy power plant, thus making them more financially feasible in comparison to traditional power plants.

Among the more salient provisions in R.A. No. 9513 worth mentioning is the creation of the Feed-in Tariff (FIT) which allows renewable energy developers to recover their investments at an acceptable return on investment rate without having to unduly burden consumers by passing on the expensive startup costs to them. These tariff rates are proposed by renewable energy developers and approved by the National Renewable Energy Board on a per technology basis. For example, solar technology starts with a Php 17.95 per kWh. This then decreases at an approved rate as well. When compared to FIT rates in other countries, this translates to a highly competitive return on investment for renewable energy production companies in the Philippines especially for those who generate electricity using solar- and ocean-based technology.

R.A. No. 9513 also provides for the formation of a renewable energy market whereby “green energy credits” are validated, certified and can be traded. These credits are similar to the carbon credits which are awarded for generating energy from clean sources or by lessening one’s carbon footprint. Tying into this market is the provision on net metering which would give incentives for end-users to generate their own electricity, decreasing their dependence on the energy grid. Excess electricity production can then be sold and fed into the local energy grid for other consumers’ use.

Finally, there is a section which gives end-users a choice as whether the source of their electricity will be from traditional or renewable energy plants.

The Renewable Energy Act is quite unique, not only for the Philippine legal environment but also the world as well. It has been hailed but not a few environmentalists as a significant piece of legislation in the Asian region, providing robust tax incentives and competitive tariff support to entice investment in sustainable energy development. Indeed, the Philippines has the highest energy generation potential among the countries in southeast Asia. Hopefully, we can exploit our rich natural resources in a sustainable and environmentally responsible manner, ensuring our independence from traditional energy sources and leaving the country better off than we found it.

“Yes. Dapat iconsider kasi kailangan na din siguro ng school iadopt yung new trends sa law education, like the J.D. Program (new curriculum) which includes new subjects like environmental law.”

-Jay Martin Celzo, 4th year

“It should be offered as an elective, together with other special laws. An entire semester for environmental law alone is too much. I think the coverage for environmental law can be finished in four meetings.”

-Anonymous

ARTS & LITERATURE

Cityscape FAITH KEEPER

By ROSE ANN REYES

By ROSELLE JIMENO

The banquets in the streets sell fancy cigarette names: HopeFortuneChampion, and menthol candies to the sun.

There is a maneuver in the rotonda— jeepneys avoid one another around the ring of predestination.

Buildings are outstretched to the sapphire sky, piercing the daylight that spreads on people’s windblown faces.

A man grasped his pocket as if to pull away from the lunch’s toll.

“I hope the fire won’t consume you” Hold on to the chambers These tears so subtle and true I summon the emissary to clear your thoughts from clouds as i sing and praise Him aloud I will yearn for you, I shall stand proud At the same night sky we stare we breathe the same air two different people the other with the saddest stare

“Yes. It is just timely that it will be offered as an elective, if not a compulsory subject, since the practice of environmental law has already been gaining momentum in other parts of the globe. The importance of environmental law will not diminish in the coming years but will even become more and more relevant for all of us. Likewise, in the advent of the Philippine Supreme Court’s Writ of Kalikasan and “Green Courts”, it is just logical that knowledge of environmental affairs will serve as a valuable asset for us, future lawyers.”

-Nes Patrick Señor, 3rd year

“No. With respect to environmental law, it is more of an advocacy and need not be mandated for us to study.”

-Suyen Dimanlig, 1st year

OCTOBER 2011

31

IN THE RED CORNER

“Yes, in exchange of Banking Laws or Negotiable Instruments Law. It’s high time that we know more about this as we are faced with calamities recently.

We should also consider gender sensitive laws.”

- RPP, 3rd year

BRAD LISTONES

SANGGUNIANG SABAW

She will always be grateful for the faith that they shared.

32

THE RED CHRONICLES VOL. 5 NO. 1