International Service for the Acquisition of Agri-Biotech Applications, Inc., et.al. v. Greenpeace Southeast Asia (Philippines), et.al. (G.R. Nos. !"#$, !"#%, !"&!$ an' !"&!) *+RINS /GA/ SANING 0*R N1IR*N2NA/ N1IR*N2NA/ +AS
The liberalized rule on standing is now enshrined in the Rules of Procedure for Environmental Cases which allows the filing of a citizen suit in environmental cases. The provision on citizen suits in the Rules “collapses the tradional rule on person personal al and direct direct intere interest st,, on the princi principle ple that that humans humans are stewar stewards ds of nature,” and aims to “further encourage the protection of the environment. 2**NSS AN A+A2I+ *0 N1IR*N2NA/ N1IR*N2NA/ ISS3
The case falls under the “capable of repetition et evading review” e!ception to the mootness principle, the human and environmental health hazards posed b the introduction of a geneticall modified plant which is a ver popular staple vegetable among "ilipinos is an issue of paramount public interest. PRI2AR4 53RISI+I*N AN A2INISRAI1 A2INISRAI1 67A3SI*N
The provisions of #$% &''&(') do not provide a speed or ade*uate remed for the the resp respon onde dent nts s to dete determ rmin ine e the the *ues *uesti tion ons s of uni* uni*ue ue nati nation onal al and and loca locall importance raised in this case that pertain to laws and rules for environmental protection, thus +reenpeace, et.al. is ustified in coming to the -upreme Court. NG/+ *0 34 *0 P3B/I+ *00I+IA/ IN N1IR*N2NA/ ISS3
t li/ewise contains general principles and minimum guidelines that the concerned agencies are e!pected to follow and which their respective rules and regulations must conform with. n cases of conflict in appling the principles, the principle of protecting the public interest and welfare shall alwas prevail, and no provision of the 01" shall be construed as to limit the legal authorit and mandate of heads of departments and agencies to consider the national interest and public welfare in ma/ing biosafet decisions. PR+A3I*NAR4 PR+A3I*NAR4 PRIN+IP/
-tandards for application application . 2 n appl -EC &. -tandards appli ing ng the the prec precau auti tion onar ar principle, the following factors, among others, ma be considered3 456 thre threat ats s to huma human n life life or heal health th77 4&6 4&6 ine* ine*ui uit t to pres presen entt or futu future re gene genera rati tion ons7 s7 or 486 486 pre preud udic ice e to the the envi enviro ronm nmen entt with withou outt lega legall consideration of the environmental rights of those affected.
9hen the features of uncertaint, possibilit of irreversible harm, and possibilit of serious harm coincide, the case for the precautionar principle is strongest. The -upreme Court found all three 486 conditions present.
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%n &: -eptember &'5', a ;emorandum of
os "oundation, nc. 4
There is a failure to compl with the re*uired public consultation under -ections & and &A of the =ocal +overnment Code - The case calls for the application of the precautionar principle, it being a classic environmental case where scientific evidence as to the health, environmental and socio(economic safet is insufficient or uncertain and preliminar scientific evaluation indicates reasonable grounds for concern that there are potentiall dangerous effects on human health and the environment The following reliefs are praed for b +reenpeace, et.al., to wit3 - ssuance of a TEP% enoining 1P and "ertilizer and Pesticide $uthorit 4"P$6 of the #epartment of $griculture 4#$6 from processing for field testing and registering as herbicidal product 1t talong in the Philippines, stopping all pending field testing, and ordering the uprooting of planted 1t talong7 and - ssuance of a writ of continuing mandamus commanding the -$$$, et.al.3 456 to submit to an environmental impact statement sstem under the Environmental ;anagement 1ureau of the #epartment of Environment and 0atural Resources 4#E0R(E;167 4&6 to submit an independent, comprehensive, and rigid ris/ assessment, field tests report, and regulator compliance reports7 486 to submit all issued certifications on public information, public consultation, public participation and consent from the =+
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%n 5& -eptember &'5&, the parties submitted the following procedural issues before the C$3 456 whether +reenpeace, et.al. has legal standing to file the petition for writ of /ali/asan7 4&6 whether the petition has been rendered moot and academic b the alleged termination of the 1t talong field testing7 and 486 whether the case presented a usticiable controvers C$, in a Resolution dated 5& %ctober &'5&, resolved that3 456 the +reenpeace, et.al. possess legal standing7 4&6 the case is not et moot since it is capable of repetition et evading review7 and 486 the alleged non(compliance with environmental and local government laws present usticiable controversies for resolution b the court. %n 5A ;a &'58, C$ rendered a decision in favor of the +reenpeace, et.al. finding that the precautionar principle set forth in -ection 5, Rule &' of the Rules of Procedure for Environmental Cases 4the Rules6 finds relevance in the case. C$ reected the ;otions for Reconsideration filed b -$$$, E;1G1PG"P$,
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5. 9%0 +reenpeace, et.al. has a legal standing &. 9%0 the case is moot and academic 8. 9%0 there is a violation of the doctrines of primar urisdiction and e!haustion of administrative remedies :. 9%0 the law on environmental impact statementGassessment applies on proects involving the introduction and propagation of +;%s in the countr F. 9%0 there is neglect or unlawful omission committed b the public respondents in the processing and evaluation of the applications for 1t talong field testing . 9%0 the Precautionar Principle applies
R3/ING
5. @es. The liberalized rule on standing is now enshrined in the Rules of Procedure for Environmental Cases which allows the filing of a citizen suit in environmental cases. The provision on citizen suits in the Rules “collapses the tradional rule on personal and direct interest, on the principle that humans are stewards of nature,” and aims to “further encourage the protection of the environment.”
&. 0o. The case falls under the “capable of repetition et evading review” e!ception to the mootness principle, the human and environmental health hazards posed b the introduction of a geneticall modified plant which is a ver popular staple vegetable among "ilipinos is an issue of paramount public interest. 8. 0o. The provisions of #$% &''&(') do not provide a speed or ade*uate remed for the respondents to determine the *uestions of uni*ue national and local importance raised in this case that pertain to laws and rules for environmental protection, thus +reenpeace, et.al. is ustified in coming to the -upreme Court. :. @es. E% F5: mandates that concerned departments and agencies, most particularl petitioners #E0R(E;1, 1P and "P$, to ma/e a determination whether the Esstem should appl to the release of +;%s into the environment and issue oint guidelines on the matter. The Philippine E- -stem 4PE--6 is concerned primaril with assessing the direct and indirect impacts of a proect on the biophsical and human environment and ensuring that these impacts are addressed b appropriate environmental protection and enhancement measures. t aids proponents in incorporating environmental considerations in planning their proects as well as in determining the environmentHs impact on their proect.” There are si! stages in the regular E$ process. The proponent initiates the first three stages while E;1 ta/es the lead in the last three stages. Public participation is enlisted in most stages. Even without the issuance of E% F5:, +;% field testing should have at least been considered for E$ under e!isting regulations of E;1 on new and emerging technologies, to wit3 g6 +roup I 4
n this conte!t, and given the overwhelming scientific attention worldwide on the potential hazards of +;%s to human health and the environment, their release into the environment through field testing would definitel fall under the categor of ECP. F. @es. t must be stressed that #$% &''&(') and related #$ order are not the onl legal bases for regulating field trials of +; plants and plant products. E% F5: clearl provides that the 01" applies to the development, adoption and implementation of all biosafet policies, measures and guidelines and in ma/ing biosafet decisions concerning the research, development, handling and use, transboundar movement, release into the environment and management of regulated articles. The 01" re*uires the use of precaution, as provided in -ection &. which reads3 &..
law should be made since proects involving +;%- are not covered b Proclamation 0o. &5:, entitled “Proclaiming Certain $reas and Tpes of Proects as Environmentall Critical and 9ithin the -cope of the Environmental mpact -tatement -stem Established
natural and unforeseen conse*uences of contamination and genetic pollution would be disastrous and irreversible. $longside the aforesaid uncertainties, the non(implementation of the 01" in the crucial stages of ris/ assessment and public consultation, including the determination of the applicabilit of the E- re*uirements to the +;% field testing, are compelling reasons for the application of the precautionar principle. There e!ists a preponderance of evidence that the release of the +;%s into the environment threatens to damage our ecosstems and not ust the field trial sites, and eventuall the health of our people once the 1t eggplants are consumed as food. $dopting the precautionar approach, the -upreme Court ruled that the principles of the 01" need to be operationalized first b the coordinated actions of the concerned departments and agencies before allowing the release into the environment of geneticall modified eggplant. "urther, the precautionar approach entailed inputs from sta/eholders, including marginalized famers, not ust the scientific communit. This proceeds from the realization that acceptance of uncertaint is not onl a scientific issue, but is related to public polic and involves an ethical dimension. ISP*SII1 P*RI*N
5. The conduct of 1t talong field testing is permanentl enoined. &. #$% &''&(') is declared null and void. 8. $n application for contained use, field testing, propagation and commercialization, and importation of +;%s is temporaril enoined until a new administrative order is promulgated in accordance with law.
