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Drawing Archipelagic Baselines in the Philippines

The document outlines the research and mapping of straight baselines for Burma and Vietnam, emphasizing the proximity of these lines to coastal areas. It discusses the legislative requirements for establishing archipelagic baselines in the Philippines and highlights the significance of international law in defining territorial claims. Additionally, it examines human rights practices in the Philippines, referencing the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
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0% found this document useful (0 votes)
77 views18 pages

Drawing Archipelagic Baselines in the Philippines

The document outlines the research and mapping of straight baselines for Burma and Vietnam, emphasizing the proximity of these lines to coastal areas. It discusses the legislative requirements for establishing archipelagic baselines in the Philippines and highlights the significance of international law in defining territorial claims. Additionally, it examines human rights practices in the Philippines, referencing the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

CONTEMPLATE.

1. Research on the baseline of the following:


a. Burma’s 222.3-mile-long straight baseline.

b. Vietnam’s161.3 -mile long line between Bay Can Islet and Hon Hai Islet

c.
d.
c. Vietnam's 161.8-mile long line between Hon Hai Islet and Hon Doi Islet
2. Draw the map of the straight baselines above stated and the corresponding coastal areas in the space
below.

3. What did you observe from these maps and straight baselines?
As what I observed, all of these lines weren't that far from the coasts of the continents. Furthermore,
they were all clearly stated. The border markers or baseline markers were small islands or islets close to the
coast.

COMMUNICATE.
1. Draw a map of the Philippine archipelago in the space provided below.
2. Draw the archipelagic baseline based on the rules afore-stated.

3. What did you observe from this map and its archipelagic baseline?
The drawing of archipelagic baselines requires legislation because the fixing of the segments and
basepoints to maximize our archipelagic waters is a state policy issue which falls under the legislative power
of Congress. The drawing of normal baselines to maximize our internal waters where low-tide features exist
also requires legislative authority.

COLLABORATE AND CREATE


1. In the space provided, draw the map of the Philippines with the following:
a. Archipelagic Baselines
b. Territorial Sea
c. Exclusive Economic Zone
d. Continental Shelf
e. High Seas
2. The issue on the archipelagic baseline, EEZ, and territorial sea of the Philippines had been put into
headlines. Select a news excerpt covering this issue and paste the same in the space provided.
It has sovereignty over islands and features outside its archipelagic baselines pursuant to the laws
of the Federal Republic, the law of nations, and the judgments of competent international courts or
tribunals.
It can be asked whether the sentence describes (a) the extent of national territory, as the Article is
supposed to provide, or (b) the legal bases on which the claim of territory is being made. It seems to reflect
the latter. The mention of ‘law of nations’, a concept not free of ambiguity, deserves some attention as well.
What exactly is referred to as ‘law of nations’ – a concept defined by many writers including Vattel,
Grotius, Mill, Hobbes, et al.? In fact, the term is regarded as archaic and in modern usage already replaced
by ‘customary international law’.
3. Summarize the news and report in class how it is significant to the study of law of the sea versus the
Philippines as an archipelago.
It is understood that the part relating to ‘judgments of competent international courts or tribunals’ is
mentioned in recognition of the South China Sea (SCS) Arbitration Case between the Philippines and the
People’s Republic of China (PRC). As can be observed, the sentence appears to have been taken from
Article 38 of the International Court of Justice Statute, which is understood as providing for the sources of
international law. (Thus, this bolsters the observation that the paragraph functions more as explaining the
sources of Philippine territorial claims under the Federal Constitution rather than defining its scope.) More
importantly, if the drafters of this provision have the SCS Arbitration case in mind, then there seems to be
confusion between issues of sovereignty and maritime entitlements. Over the former, the arbitral tribunal
had no jurisdiction and consequently could not and did not address the same. It appears that this sentence
concerns the Federal Republic’s adherence and/or reference to international law and rules or norms arising
therefrom, and is not quite a description of the extent of national territory. The Consultative Committee
properly excluded the continental shelf and the exclusive economic zone (EEZ) from the scope of Philippine
territory. They are not part of our national territory over which the Philippines has sovereignty. The
authority for this statement is international law, particularly the LOSC, on which the Philippines as a matter
of fact anchored its case against the PRC in the SCS Arbitration Case. The LOSC is crystal clear that ‘the
sovereignty of a coastal State extends to an adjacent belt of sea, described as the territorial sea and to ‘the air
space over the territorial sea as well as to its bed and subsoil’. Sovereignty does not extend to areas beyond
the territorial sea, e.g., the continental shelf and the EEZ. This is not to say that the Philippines is giving up
all its rights in relation to these areas; it is but a recognition of international law and its regime of maritime
entitlements, e.g., sovereign rights, per the LOSC. Clearly, between sovereignty, which applies to territory;
and sovereign rights, which apply to the continental shelf and the EEZ, there is a huge difference that should
be considered lest diplomatic tension between states is caused.

ASSESSMENT

1. Identify one essential learning that you obtained from this lesson.
One essential learning that I obtained in this lesson is the importance of knowing the principles of
the law of the sea. It is important that in every map we marked our own territory so that others will be
informed about it. They will respect it.
2. Reflect on how this learning will enable you to help the following:
a. Your country- It is important that we learn how to respect other country’s territory. We should
protect our own by knowing and keeping our territory.
b. Your community – We should help our community to protect our marine life. We should conduct a
community service that will encourage people to get trash from the ocean.
c. Your school- we all have the voice that can help our fellow students to become aware of our
territory. We should use our knowledge and ideas to help our country.
d. Your family- We as a family should know the importance of these laws. It will help our next
generation so that they can live and enjoy the beauty of our marine life.

CONTEMPLATE

Choose five (5) rights provided in the UDHR which are practiced in the Philippines thru programs,
activities, and policies. Give examples on these programs, activities, and policies. Provide your answers in the
following table.
Rights under UDHR Programs Activities Policies
Freedom from Equality affirms that all Everyone is entitled to all the No distinction shall be
Discrimination human beings are born free rights and freedoms set forth made on the basis of the
and equal. Equality in this Declaration, without political, jurisdictional or
presupposes that all distinction of any kind, such international status of the
individuals have the same as race, colour, sex, language, country or territory to
rights and deserve the same religion, political or other which a person belongs,
level of respect. opinion, national or social whether it be independent,
origin, property, birth or other trust, non-self-governing or
status. under any other limitation
of sovereignty.
Right to Education The right to education is Educational activity - the The right to education is a
established by two means - activities of educating or fundamental human right.
normative international instructing; activities that Every individual,
instruments and political impart knowledge or skill; irrespective of race,
commitments by "he received no formal gender, nationality, ethnic
governments. A solid education"; "our instruction or social origin, religion or
international framework of was carefully programmed"; political preference, age or
conventions and treaties exist "good classroom teaching is disability, is entitled to a
to protect the right to seldom rewarded" didactics, free elementary education.
education and States that sign education, instruction,
up to them agree to respect, pedagogy, teaching
protect and fulfil this right.
Freedom of Belief and Article 18(4) allows parents Religious practices may The right to freedom of
Religion the liberty to ensure the include rituals, sermons, religion and belief is
religious and moral commemoration or enshrined and protected
education of their children in veneration (of deities and/or under Article 3 Section 5
conformity with their own saints), sacrifices, festivals, of the 1987 Philippine
convictions. The Committee feasts, trances, initiations, Constitution, which
has stated that public school funerary services, provides that: “No law
instruction in religion is matrimonial services, shall be made respecting an
permitted under article 18(4), meditation, prayer, music, art, establishment of religion,
as long as it is given in a dance, public service, or other or prohibiting the free
neutral and objective way. aspects of human culture. exercise thereof.
Right to Equality The second right in section 8 Provide for the delivery of an Everyone has the right to
of the Act is the right to entitlement or service to some recognition as a person
enjoy other human rights groups but not others; Assist before the law. Everyone
without ‘distinction or or recognize the interests of has the right to enjoy his or
discrimination of any kind’. Aboriginal persons or her human rights without
Everyone has the same rights members of other ethnic distinction or
and deserves the same level groups; Are stated in neutral discrimination of any kind.
of respect. terms but have a Everyone is equal before
disproportionate impact on a the law and is entitled to
sector of the community the equal protection of the
whose members have one or law without discrimination.
more protected attributes
under the Discrimination Act
1991 (for example, sex, race,
age or disability);
Right to be Considered The onus is on the Prosecutor Everyone shall be presumed In all criminal
Innocent until Proven to prove the guilt of the innocent until proved guilty prosecutions, the accused
Guilty accused. In order to convict before the Court in shall be presumed innocent
the accused, the Court must accordance with the until the contrary is proved,
be convinced of the guilt of applicable law. and shall enjoy the right to
the accused beyond be heard by himself and
reasonable doubt. counsel, to be informed of
the nature and cause of the
accusation against him, to
have a speedy, impartial,
and public trial, to meet the
witnesses face to face, and
to have compulsory
process to secure the
attendance of witnesses
and the production of
evidence in his behalf.
COMMUNICATE
1. Choose five (5) non-derogable rights provided in the ICCPR which are practiced in the Philippines thru its
programs, activities, and policies. Give examples of these programs, activities, and policies. Provide your
answers in the table below.

Rights under ICCPR Programs Activities Policies


Freedom from torture, AN ACT PENALIZING States Parties shall take all No one shall be subjected
cruel, inhuman or TORTURE AND OTHER effective legislative, to torture or to cruel,
degrading treatment or CRUEL, INHUMAN AND administrative, judicial or inhuman or degrading
punishment. DEGRADING other measures to prevent treatment or punishment. In
TREATMENT OR persons with disabilities, on particular, no one shall be
PUNISHMENT AND an equal basis with others, subjected without his or her
PRESCRIBING from being subjected to free consent to medical or
PENALTIES THEREFOR. torture or cruel, inhuman or scientific experimentation.
degrading treatment or
punishment.
Freedom from slavery and Any service exacted in case You have to do as part of a No one shall be held in
servitude. of an emergency or prison or community slavery or servitude. No
calamity threatening the life sentence The government one shall be required to
or well-being of the requires you to do in a state perform forced or
community, or Any work or of emergency, such as after compulsory labour.
service which forms part of a natural or man-made
normal civic obligations. disaster
No imprisonment for When an individual or The Agreement on When a breach of contract
breach of contract. Freedom business breaches a Contractual Penalty is one occurs or is alleged, one or
of thought, conscience, and contract, the other party to of the prevalent both of the parties may
religion. the agreement is entitled to articles/provisions of not wish to have the contract
relief (or a "remedy") under only commercial contracts enforced on its terms, or
the law. The main remedies but also of civil may try to recover for any
for a breach of contract are: transactions, especially financial harm caused by
1. Damages, 2. Specific being an indispensable the alleged breach.
Performance 3. article/provision of several
Cancellation and contracts where it is
Restitution difficult to prove and
determine factual and direct
damages and losses.
Right to life The main thrust of this The mission of Right to Everyone’s right to life
program was Cortes, Life is to protect and shall be protected by law.
Population and Law: The defend the most This right is one of the most
Fundamental Rights fundamental right of important of the
Aspects in the Philippines. humankind, the right to life Convention since without
Setting, 48 PHIL L.J. 307 of every innocent human the right to life it is
(1973). The State shall being from the beginning of impossible to enjoy the
protect and promote the life to natural death. other rights. No one shall
right to health of women National Right to Life be condemned to death
and all people centered carries out its lifesaving penalty or executed. The
programs to enhance the mission by promoting abolition of death penalty is
quality of life respect for the worth and consecrated by Article 1 of
dignity of every individual Protocol No. 6.
human being, born or
unborn, including unborn
children from their
beginning; those newly
born; persons with
disabilities; older people;
and other vulnerable
people, especially those
who cannot defend
themselves.
Equality between men and  UN Women.  SHARE HOUSEHOLD Gender equality in health
women  Association for Women's CHORES AND means that women and men
Rights in Development. CHILDCARE EQUALLY. have equal conditions for
 Womankind Worldwide.  WATCH FOR SIGNS OF realizing their full rights
 Center for Reproductive DOMESTIC VIOLENCE. and potential to be healthy,
Rights.  SUPPORT MOTHERS contribute to health
 Plan International. AND PARENTS. development, and benefit
 Women for Women  REJECT CHAUVINIST from the results. Achieving
International. AND RACIST gender equality will require
 Equality Now. ATTITUDES. specific measures designed
 Women's Environment  HELP WOMEN GAIN to eliminate gender
and Development POWER. inequities.
Organization.  LISTEN AND
REFLECT.
 HIRE DIVERSITY.
 PAY (AND DEMAND)
THE SAME SALARY
FOR EQUAL WORK.

COLLABORATE AND CREATE


1. Study Republic Act No. 9262, a Philippine law enacted by virtue of the CEDAW. Examine RA 9262 and
CEDAW and give at least five (5) observations as to their contents. Provide your answers in the space below.
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child
has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of
force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child.
This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or
restricting the woman’s or her child’s movement or conduct:
2. Study Republic Act No. 8042, a Philippine law enacted based on the Migrant Workers Convention.
Examine Ra 8042 and Migrant Workers Convention and give at least five (5) observations as to their
contents. Provide your answers on the space below.
This is all about an act to institute the policies of overseas employment and establish a higher standard of
protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and for
other purposes.
a) It has existing labor and social laws protecting the rights of migrant workers
(b) It is a signatory to multilateral conventions, declaration or resolutions relating to the protection of
migrant workers;
(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of
overseas Filipino workers; and
(d) It is taking positive, concrete measures to protect the rights of migrant workers. (e) Non-governmental
organizations, duly recognized as legitimate, are partners of the State in the protection of Filipino migrant workers
and in the promotion of their welfare, the State shall cooperate with them in a spirit of trust and mutual respect.

COLLABORATE
1. Name all the Philippine laws relevant to the 17 rights aforementioned.
 Right to be registered at birth;
 Right to acquire nationality;
 Right to know and be cared for by his parents;
 Right not to be separated from his parents against his will;
 Freedom of expression;
 Freedom of thought, conscience, and religion
 Freedom of association;
 Freedom of assembly;
 Protection from all forms of physical or mental violence, injury, abuse, neglect, negligent treatment,
maltreatment, or exploitation, sexual abuse;
 Enjoyment of the highest attainable standard of health;
 Right to benefit from social security;
 Right to a standard of living adequate for the child's physical, mental, spiritual, moral, and social
development;
 Right to education;
 Not to be denied of the right to enjoy his own culture, to profess and practice own religion, or to use his own
language:
 Right to rest and leisure;
 Protection from economic exploitation; and
 Protection from all forms of sexual exploitation and sexual abuse.
2. Answer the following:
a. Do violations of these rights occur despite the plethora of laws relevant to them? Explain.
A state commits human rights violations either directly or indirectly. Violations can either be intentionally
performed by the state and or come as a result of the state failing to prevent the violation. When a state engages in
human rights violations, various actors can be involved such as police, judges, prosecutors, government officials,
and more. The violation can be physically violent in nature, such as police brutality, while rights such as the right to
a fair trial can also be violated, where no physical violence is involved.
The second type of violation – failure by the state to protect – occurs when there’s a conflict between
individuals or groups within a society. If the state does nothing to intervene and protect vulnerable people and
groups, it’s participating in the violations. In the United States, the state failed to protect black Americans when
lynching’s frequently occurred around the country. Since many of those responsible for the lynching’s were also
state actors (like the police), this is an example of both types of violations occurring at the same time.
b. How are they violated? Explain
A human rights violation is the disallowance of the freedom of thought and movement to which all humans
legally have a right. While individuals can violate these rights, the leadership or government of civilization most
often belittles marginalized persons.
For example, we’ve mentioned a few examples of human rights violations, but there are many more. Civil, political,
economic, cultural, and social rights can all be violated through various means. Though all the rights enshrined in
the Universal Declaration of Human Rights and in the legally binding International Covenants of Human Rights
(ICCPR, CESCR) are considered essential, there are certain types of violations we tend to consider more serious.
Civil rights, which include the right to life, safety, and equality before the law are considered by many to be “first-
generation” rights. Political rights, which include the right to a fair trial and the right to vote, also fall under this
category.
c. Give the actions rendered by the Philippine government in addressing these violations.
The human rights situation in the Philippines became an issue in recent years with reports of rising number
of victims of extra-judicial killings, prompting the United Nations to take action. The Special Rapporteur on
extrajudicial, summary or arbitrary executions, Mr. Philip Alston, visited the Philippines in 2007 and subsequently
filed a report with recommendations on how to address the situation.1 The European Union (EU), in seriously
considering the situation, launched the EU-Philippine Justice Support Programme [EPJUST] to "help all
stakeholders in the Philippines - in government, in the judiciary and in the Commission on Human Rights, and in
civil society - to work together to address the critical issue of extra-legal killings and enforced disappearances." This
project was formally launched on 11 February 2010 in Manila.

ASSESMENT
1. Identify one essential learning that you obtained from this lesson.
The international human rights movement was strengthened when the United Nations General
Assembly adopted of the Universal Declaration of Human Rights (UDHR) on 10 December 1948. Drafted
as ‘a common standard of achievement for all peoples and nations', the Declaration for the first time in
human history spell out basic civil, political, economic, social and cultural rights that all human beings
should enjoy. It has over time been widely accepted as the fundamental norms of human rights that everyone
should respect and protect. The UDHR, together with the International Covenant on Civil and Political
Rights and its two Optional Protocols, and the International Covenant on Economic, Social and Cultural
Rights, form the so - called International Bill of Human Rights.

2. Reflect on how this learning will enable you to help the following:

a. Your country - International human rights law lays down obligations which States are bound to respect.
By becoming parties to international treaties, States assume obligations and duties under international law to
respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from
interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to
protect individuals and groups against human rights abuses. The obligation to fulfil means that States must
take positive action to facilitate the enjoyment of basic human rights. So, International human right law
helps our country.

b. Your community - This lesson can help our community through ratification of international human rights
treaties, Governments undertake to put into place domestic measures and legislation compatible with their
treaty obligations and duties. Where domestic legal proceedings fail to address human rights abuses,
mechanisms and procedures for individual complaints or communications are available at the regional and
international levels to help ensure that international human rights standards are indeed respected,
implemented, and enforced at the local level.

c. Your school - This lesson can benefit a lot of students. This lesson can help students to know the rights of
human because we have a lot of rights that we should know and acquire. For example: "No person shall be
denied the right to education. In the exercise of any functions which it assumes in relation to education and
to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity
with their own religious and philosophical convictions."

d. Your family - This lesson can help the family members because these rules deal with rights to occupy the
matrimonial home; create processes for obtaining emergency protection orders in the event of family
violence; regulate the division of property upon breakdown of a relationship; and set out a person's property
entitlements upon the death of a spouse, among other things.

CONTEMPLATE
Search the Internet for the Supreme Court – decided case titled: International Service for the
Acquisition of Agri-Biotech Applications, Inc. v. Greenpeace Southeast Asia (Phillipines), G.R Nos.
209271 July 26, 2016.
1. Provided a summary of the case in the space below.
G.R. No. 209271
INTERNATIONAL SERVICE FOR THE ACQUISITION OF AGRI-BIOTECH APPLICATIONS, INC.,
Petitioner vs. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT SIYENTIPIKO SA
PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG
III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ
LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT,
JR., ATTY. H. HARRY ROQUE., JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON,
MAYOR EDWARD S. HAGEDORN, and EDWIN MARTHINE LOPEZ, Respondents. CROP LIFE
PHILIPPINES, INC., Petitioner-in-Intervention

2. Explain how the precautionary approach / principle was applied in this case.
At this point, the Court discerns that there are two (2) factors to be considered before a case is deemed one
capable of repetition yet evading review: (1) the challenged action was in its duration too short to be fully
litigated prior to its cessation or expiration; and (2) there was a reasonable expectation that the same
complaining party would be subjected to the same action.

3. Do you agree / disagree? Explain


I agree because whatever the court says it’s definitely true. This case also has reasonable expectation that the
same complaining party would be subjected to the same action.

COMMUNICATE
Work with a pair. Search the internet for the Supreme Court–decided case titled: Oposa v. Factoran, G.R No.
101083, July 30, 1993.

1. Provide a summary of the case in the space below.


Oposa v. Factoran (296 Phil. 694, G.R. No. 101083, July 30, 1993) is a case filed by minors against the Secretary
of the Department of Environment and Natural Resources (DENR), Secretary Factoran, to mandate the latter to
cancel all existing timber license agreements and to stop their further issuance.

2. Explain how the concept of “intergenerational responsibility” was applied in this case.
The Court did not agree with the arguments of the respondent. The complaint focuses on one fundamental legal
right — the right to a balanced and healthful ecology which is incorporated in the Constitution. It carries with it the
duty to refrain from impairing the environment and implies, among many other things, the judicious management
and conservation of the country's forests. Section 4 of E.O. 192 expressly mandates the DENR to be the primary
government agency responsible for the governing and supervising the exploration, utilization, development and
conservation of the country's natural resources. Such policy is also substantially re-stated in the Administrative Code
of 1987. Both E.O. 192 and Administrative Code of 1987 have set the objectives which will serve as the bases for
policy formation, and have defined the powers and functions of the DENR. Thus, right of the petitioners to a
balanced and healthful ecology is as clear as the DENR's duty to protect and advance the said right.
The Court found no difficulty in ruling that they can, for themselves, for others of their generation and for the
succeeding generations, file a class suit. Their personality to sue in behalf of the succeeding generations can only be
based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is
concerned. Such a right, as hereinafter expounded, considers the "rhythm and harmony of nature."
The Court further elicited that every generation has a responsibility to the next to preserve that rhythm and harmony
for the full enjoyment of a balanced and healthful ecology.
3. Do you agree/disagree? Explain
YES. I agree because the Court said every generation has a responsibility to the next to preserve that rhythm and
harmony for the full enjoyment of a balanced and healthful ecology and do not found any difficulty in ruling it.
Their personality to sue in behalf of the succeeding generations can only be based on the concept of
intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. Such a right, as
hereinafter expounded, considers the "rhythm and harmony of nature."
4. Compare to this to another Supreme Court- decided case entitled: MMDA v. Concerned Citizens of
Manila Bay, G.R Nos. 171947, December 18, 2008.
Oposa v. Factoran, G.R No. 101083, July 30, 1993. was all about a landmark decision of the Supreme Court of
the Philippines which recognizes the doctrine of Intergenerational Responsibility on the environment in the
Philippine legal system. The case is a contributor to the development of international environmental law while
MMDA v. Concerned Citizens of Manila Bay, G.R Nos. 171947, December 18, 2008. Respondents Concerned
Residents of Manila Bay filed a complaint before the RTC in Imus, Cavite against several government agencies,
among them the petitioners, for the cleanup, rehabilitation, and protection of the Manila Bay. The complaint alleged
that the water quality of the Manila Bay had fallen way below the allowable standards set by law, specifically PD..
1152 or the Philippine Environment Code. Respondents, as plaintiffs a quo, prayed that petitioners be ordered to
clean the Manila Bay and submit to the RTC a concerted concrete plan of action for the purpose.

ISSUE:
Whether or not petitioners can be compelled by mandamus to clean up and rehabilitate the Manila Bay.

RULING:
The Cleaning or Rehabilitation of Manila Bay Can be Compelled by Mandamus.
Generally, the writ of mandamus lies to require the execution of a ministerial duty. A ministerial duty is one that
requires neither the exercise of official discretion nor judgment. It connotes an act in which nothing is left to the
discretion of the person executing it. It is a simple, definite duty arising under conditions admitted or proved to exist
and imposed by law. Mandamus is available to compel action, when refused, on matters involving discretion, but
not to direct the exercise of judgment or discretion one way or the other.

CREATE
Make a brief critique of the 2015 Paris Convention:
1. What is the 2015 Paris Convention all about?
The Paris Agreement is a legally binding international treaty on climate change. It was adopted by
196 Parties at COP 21 in Paris, on 12 December 2015 and entered into force on 4 November 2016. Its goal is to limit
global warming to well below 2, preferably to 1.5 degrees Celsius, compared to preindustrial levels.

To achieve this long-term temperature goal, countries aim to reach global peaking of greenhouse gas emissions as
soon as possible to achieve a climate neutral world by mid-century.

The Paris Agreement is a landmark in the multilateral climate change process because, for the first time, a
binding agreement brings all nations into a common cause to undertake ambitious efforts to combat climate change
and adapt to its effects.

2. Give at least five (5) important points.


• The Paris Agreement’s central aim is to strengthen the global response to the threat of climate change by
keeping a global temperature rise this century well below 2 degrees Celsius above pre-industrial levels and
to pursue efforts to limit the temperature increase even further to 1.5 degrees Celsius.
• The agreement aims to increase the ability of countries to deal with the impacts of climate change, and at
making finance flows consistent with a low GHG emissions and climate resilient pathway.
• To reach these ambitious goals, appropriate mobilization and provision of financial resources
• A new technology framework and enhanced capacity-building is to be put in place
• The Agreement also provides for an enhanced transparency framework for action and support.

3. Why is the Paris Convention important? Explain.


The central goal of the Paris Agreement is to strengthen the global response to the threat of climate change by
limiting global temperature rise this century to well below 2 degrees Celsius above pre-industrial levels and pursuing
efforts to limit temperature rise even further to 1.5 degrees Celsius.
In addition, the agreement intends to improve countries' ability to deal with the effects of climate change, as well
as aligning financing flows with a low-carbon, climate-resilient path. To achieve these lofty goals, adequate
financial resources must be mobilized and provided, as well as a new technology framework and expanded capacity-
building, allowing developing countries and the most vulnerable countries to act in accordance with their respective
national objectives. The agreement also establishes a more transparent action and support mechanism.

4. What are the cost of the Paris Conventions?


The committed $100 billion was agreed by countries to be a minimum amount. They also agreed that a new goal
will be renegotiated before 2025. It is vital that the new global goal on finance reflects the actual needs and priorities
of developing countries in order to meet the Paris Agreement temperature goal of staying below 1.5c warming.

5. Prior to signing the Paris Convention, President Rodrigo Duterte, at first, was vocally hesitant to sign
the same. Explain his reasons?
` Despite earlier misgivings, President Duterte signed on Tuesday the Paris Agreement detailing
commitments to deal with climate change. I think his reasons is the right thing to do “After examining the text
thereof, I find it advisable to accede to the Paris Agreement and seek the Senate’s concurrence thereto,” he said
The Paris Agreement intends to improve the international response to climate change by limiting global average
temperature rise this century to well below 2 degrees Celsius above pre-industrial levels. The deal also aims to
keep efforts on track to keep global warming to 1.5 degrees Celsius above preindustrial levels. The Philippines
has already committed to a 70% reduction in emissions by 2030.

6. Do you agree with him or not? Explain


I agree with him because the central goal of the Paris Agreement is to strengthen the global response to the threat
of climate change by limiting global temperature rise this century to well below 2 degrees Celsius above pre-
industrial levels and pursuing efforts to limit temperature rise even further to 1.5 degrees Celsius.
I also believe that our President’s resolve for climate action will keep us in the right direction of attaining social
justice. At first, he was initially said that did not want to sign the agreement, fearing that it would limit the country’s
industrialization, but he eventually promised to do so after the Cabinet voted in its favor.
Philippines is one of the most vulnerable countries to climate change, ratification assures that the Philippines
maintains its moral high ground in the negotiations, according to Rodne Galicha of the Climate Reality Project
Philippines.
“We had no doubts about President Duterte's resolve to address climate change. His administration is expressing its
leadership role in climate negotiations by signing the Paris Agreement," said Renato Redentor Constantino,
executive director of the Institute for Climate and Sustainable Cities.

COLLABORATE.
1. Search in the Internet the case entitled: Arigo v. Swift, G.R No. 206510, September 16, 2014.
2. Summarize the positions made by the petitioners in this case.
Petitioners claim that the grounding, salvaging and post-salvaging operations of the USS Guardian cause
and continue to cause environmental damage of such magnitude as to affect the provinces of Palawan, Antique,
Aklan, Guimaras, Iloilo, Negros Occidental, Negros Oriental, Zamboanga del Norte, Basilan, Sulu, and Tawi-
Tawi, which events violate their constitutional rights to a balanced and healthful ecology. They also seek a
directive from this Court for the institution of civil, administrative and criminal suits for acts committed in
violation of environmental laws and regulations in connection with the grounding incident.
Specifically, petitioners cite the following violations committed by US respondents under R.A. No. 10067:
unauthorized entry (Section 19); non-payment of conservation fees (Section 21 ); obstruction of law
enforcement officer (Section 30); damages to the reef (Section 20); and destroying and disturbing resources
(Section 26[g]). Furthermore, petitioners assail certain provisions of the Visiting Forces Agreement (VFA)
which they want this Court to nullify for being unconstitutional.

3. Summarize the positions made by the respondents in this case.


In their consolidated comment with opposition to the application for a TEPO and ocular inspection and
production orders, respondents assert that: ( 1) the grounds relied upon for the issuance of a TEPO or writ of
Kalikasan have become fait accompli as the salvage operations on the USS Guardian were already completed;
(2) the petition is defective in form and substance; (3) the petition improperly raises issues involving the VFA
between the Republic of the Philippines and the United States of America; and ( 4) the determination of the
extent of responsibility of the US Government as regards the damage to the Tubbataha Reefs rests exdusively
with the executive branch.

4. Explain the ruling of the Supreme Court.

As a preliminary matter, there is no dispute on the legal standing of petitioners to file the present petition.
On the innovative aspect in the class action filed by the petitioners kids in Oposa, this Court found that ordinary
persons not only have legal standing to fight for environmental rights enforcement, but they can do so on behalf
of themselves and future generations. Minor petitioners claim to speak for their generation as well as future
generations. We have no hesitation in ruling that they may launch a class action on behalf of themselves, other
members of their generation, and future generations. In terms of the right to a balanced and healthy ecological,
their ability to sue on behalf of future generations can only be based on the concept of intergenerational
responsibility. As shown below, such a right considers the "rhythm and harmony of nature."

5. Explain why you agree or disagree with the said ruling.


I agree with the ruling because the inhibition to implead a foreign state in a local jurisdiction is expressed in
the maxim par in parem, non habet imperium. That is, all states are sovereign equals and cannot assert
jurisdiction over one another. This is also applicable to complaints filed against officials of the state for acts
allegedly performed by them in the discharge of their duties. The rule is that if the judgment against such
officials will require the state itself to perform an affirmative act to satisfy the same, such as the appropriation of
the amount needed to pay the damages awarded against them, the suit must be regarded as against the state itself
although it has not been formally impleaded.
Lastly, The VFA is an agreement which defines the treatment of United States troops and personnel visiting
the Philippines to promote “common security interests” between the US and the Philippines in the region. It
provides for the guidelines to govern such visits of military personnel, and further defines the rights of the
United States and the Philippine government in the matter of criminal jurisdiction, movement of vessel and
aircraft, importation and exportation of equipment, materials and supplies. The invocation of US federal tort
laws and even common law is thus improper considering that it is the VF A which governs disputes involving
US military ships and crew navigating Philippine waters in pursuance of the objectives of the agreement.

ASSESMENT

1. Identify one essential learning that you obtained from this lesson.
Individuals, communities, private companies, and governments around the world face various and complicated
environmental concerns. Environmental challenges are inextricably linked with social, cultural, and economic
issues, according to the majority of governments, businesses, and civil society organizations.
Most governments appear to believe that promoting economic growth while maintaining environmental, human
health, and cultural safeguards is the way to go, yet decades of environmental mismanagement have left severe
legacy challenges in most countries.

2. Reflect on how this learning will enable you to help the following:
a. Your country
International Environmental Law can help the country by identifying ways to clean up legacy problems, restore
natural resources, and achieve human health protection and healthy ecosystems, as well as developing strategies to
enable future growth while protecting the environment, maintaining biodiversity, safeguarding human health, and
preserving cultural and social values, are two major challenges.
For Example:
Air and water pollution, climate change, deforestation, depletion of non-renewable energy sources, environmental
impacts of reservoirs and water abstraction, impacts of mining, invasive species, land and soil degradation, loss of
biodiversity and habitat fragmentation and degradation, non-sustainable depletion of natural resources, nuclear risks
and waste management, ocean and freshwater deoxygenation, ozone depletion, persistent toxins, population
pressure, waste management
b. Your community
International Law can help our community because there’s a lot of environmental problems and many of these
difficulties and concerns cut beyond national and other administrative borders, and many of the natural resources
impacted are examples of global commons. Such transboundary difficulties underline the necessity for decision-
making processes, management agreements, and dispute-resolution procedures that extend beyond national
borders. They highlight the importance of establishing administrative and legislative systems that allow for
environmentally sustainable and socially acceptable development. c. Your school
Over the past decade and a half, there has been a dramatic increase in awareness of environmental threats that
demand concerted international responses. As the public has come to appreciate the urgency of warnings from the
scientific community about widespread species loss, dramatic depletion of the stratospheric ozone layer over
Antarctica, and other troubling indicators of the poor state of our planet's environment, governments have begun to
respond. Issues such as the integrity of the global climate, which attracted negligible interest among the public and
policy makers as recently as the middle of the last decade, now command attention at the highest levels of
government.
International Environmental Law can help students to be aware at environmental challenges that are inextricably
linked with social, cultural, and economic issues, according to the majority of governments, businesses, and civil
society organizations. d. Your family
International Law helps Humans, animals, resources, and environments are all protected by environmental
legislation. There would be no rules regarding pollution, contamination, hunting, or even disaster relief without
these laws. Land, air, water, and soil are all protected by environmental law.

Common questions

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The Philippine government has responded to international pressure regarding human rights violations by engaging in dialogue with international bodies and allowing external assistance. The EU-Philippine Justice Support Programme is an example where the government cooperated with European initiatives to strengthen its judicial system and address issues related to extrajudicial killings and enforced disappearances .

The state’s failure to prevent rights violations contributes significantly to the human rights situation by allowing abuses, such as police brutality or unfair trials, either to continue unaddressed or actively perpetuated by state actors. This inaction not only fosters an environment of impunity but also undermines confidence in the rule of law, as has been observed in comparisons to historical contexts like the US's failure to prevent lynchings .

The Philippine legal system addresses intergenerational responsibility through landmark decisions such as 'Oposa v. Factoran', which recognizes this doctrine in relation to the right to a balanced and healthful ecology. This case imposed an obligation on the current generation to conserve the environment for future generations. Similarly, 'MMDA v. Concerned Citizens of Manila Bay' reinforced this principle, mandating government agencies to rehabilitate and clean Manila Bay, fulfilling duties for future generations' rights .

Recognizing intergenerational responsibility in the Philippine legal framework emphasizes a long-term approach to environmental conservation. It obligates the current generation to safeguard natural resources, ensuring ecological balance for future generations. This recognition influences policy-making by integrating sustainability into national development plans and encourages a holistic view of environmental laws, potentially inspiring similar frameworks internationally .

Challenges in enforcing human rights in the Philippines include cases where the state either directly participates in violations, such as extrajudicial killings, or fails to protect individuals from abuses by third parties. These challenges are highlighted by reports prompting international scrutiny and external intervention, like the EU-Philippine Justice Support Programme, which aims to address issues of extrajudicial killings and disappearances .

The right to education in the Philippines, as established by the UDHR, is implemented through various programs such as the 'Alternative Learning System' which provides educational opportunities for out-of-school youth and adults. Additionally, the 'K-12 Program' enhances the educational framework allowing for a more comprehensive basic education. Policies like the 'Free Tuition Law' in State Universities and Colleges (SUCs) reflect political commitments to make education accessible to all Filipinos, ensuring everyone receives the necessary skills and knowledge .

The 2015 Paris Agreement aims to strengthen the global response to climate change by limiting temperature rise this century to below 2 degrees Celsius, with efforts to restrict it to 1.5 degrees Celsius. It mandates countries to peak their greenhouse gas emissions as soon as possible and sets pathways for climate neutrality by mid-century. Key aspects include mobilizing financial resources, establishing a new technology framework, and enhancing transparency in actions and support .

The judicial mandate in 'MMDA v. Concerned Citizens of Manila Bay' signifies the judiciary's proactive role in enforcing environmental policies. By compelling government agencies through a writ of mandamus to clean and rehabilitate Manila Bay, the court underscored the enforceability of environmental laws, making it clear that non-compliance would be judicially addressed. This impacts policy enforcement by setting precedents for judicial intervention when administrative inaction occurs .

Acknowledgment of direct state-perpetrated violations typically involves clear-cut instances like extrajudicial killings, where state agents, like police, are directly involved. Indirect violations, however, often involve contexts where the state fails to protect individuals from third-party abuses. Both forms are serious, but the indirect form may be harder to address due to complexities in proving state neglect or inaction as culpable .

International cooperation plays a crucial role by providing frameworks and resources that support the Philippines in adhering to global standards. Initiatives like the Paris Agreement bind the country to climate action goals, while human rights initiatives bring international scrutiny and support for domestic reforms. Such cooperation ensures accountability, resources, and expertise are available to address local challenges effectively .

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