PHILIPPINES: State of Access to

Environmental Information & Specific Goals and Action

By: Arvin A. Jo, Esq. Ateneo School of Government

Air Quality in Metro Manila, Philippines

Source: Philippine Dept. of Environment and Natural Resources-Environmental Management Bureau (DENR-EMB)

Source: Philippine Dept. of Environment and Natural Resources-Environmental Management Bureau (DENR-EMB)

Source: Philippine Dept. of Environment and Natural Resources-Environmental Management Bureau (DENR-EMB)

Policy Framework for Access to Information (in General)

• Philippine Constitution Art. III Bill of Rights. Section 7. The

right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Policy Framework for Access to Information (in General)

• Landmark Supreme Court Decision Legaspi v. Civil Service Commission (G.R. No. 72119

[1987]) “Article III, Sec. 7 is an enforceable right even without an implementing legislation”

• FOI or POGI Bill (still unlegislated) SECTION. 4. Access to Information. – Every person who

is a Filipino citizen has a right to and shall, on request, be given access to any record under the control of a government agency. Government agencies shall make available to the public for scrutiny…all information pertaining to official acts, transactions or decisions… subject to the exceptions enumerated…

Access to Information (in Extractive Industry)

• EITI Philippines The Philippines has filed for EITI Candidacy in 2013 Aims to produce a Report that will compare the

revenue that the government receives from Extractive Industry versus what the Industry has paid

Philippine EITI is headed by a Government-appointed Focal Person and composed of 4 CSO reps, 4 Industry reps, 4 Government reps

Access to Information (re: Pollution Control)

• Establishing a PRTR System Greenpeace Philippines Study (w/ A.L. La Vina &

G.P. Bueta) found that - Performance rating procedure and color-coded

rating scheme has proven to be ineffective - Obtaining relevant and timely information is

difficult and oftentimes costly

Access to Information (re: Environmental Degradation)• Creating a Natural Resources

Valuation System The Concept of a “Total Economic Value” in

assessing potential economic value of natural resources versus conservation

Valuation of Ecosystem Services Caveat: Process must be inclusive and

consultative