138
It was also stated that “[t]he implementation of the mitigation commitments shall be
undertaken through bilateral, regional and multilateral cooperation,” and “market and
non-market mechanisms under Article 6 of the Paris Agreement.”594
The NDC is anchored on enhanced access to climate finance, technology transfer and
development, and capacity building.
Noticeably, the NDC mitigation commitment is 5 percent higher than that indicated in
the INDC. The NDC likewise promotes education, public awareness, and meaningful
inclusive collaboration with vulnerable sectors, and “upholds the importance of ensuring
ecosystems integrity and promoting the country’s obligations on human rights and the
rights of indigenous peoples.”595
The Judiciary also plays and continues to play a significant role in environmental
protection. In the oft-cited case of Oposa v. Factoran,596 the Supreme Court recognized
the right of current and future generations to a balanced and healthful ecology.
The Court, in MMDA v. Concerned Residents of Manila mandated the clean-up of Manila Bay
through aWrit of Continuing Mandamus597–an order not usually used in environmental cases.
In 2009, the Supreme Court issued the Rules of Procedure for Environmental Cases, 598
which introduced the Writ of Kalikasan, a special civil action
on behalf of persons whose constitutional right to a balanced and
healthful ecology is violated, or threatened with violation, by an
unlawful act or omission of a public official or employee, or private
individual or entity, involving environmental damage of such magnitude
as to prejudice the life, health or property of inhabitants in two or
more cities or provinces.599
This procedural remedy allows for a “citizen suit,”600 and permits any Filipino
citizen–representing “minors and generations yet unborn”–to file an action
594
Id.
596
Oposa v. Factoran, Jr., G.R. No. 101083, 224 SCRA 792 (1993).
597
Metropolitan Manila Development Authority v. Concerned Residents of Manila Bay, G.R. Nos.
171947-48, 574 SCRA 661 (Dec. 18, 2008).
595
Id.
598
Rules of Procedure for Environmental Cases, A.M. No. 09-6-8-SC (Apr. 29, 2010).
599
Id. (Rule 7).
600
Id. (Part II, Civil Procedure, Rule 2, Section 5. Citizen suit. — Any Filipino citizen in representation of
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