Government trustees hold two core fiduciary duties: 1) protect trust resources from
damage and substantial impairment, and 2) recover natural resource damages from third parties
that damage trust resources.258
The sovereign public trust obligation of the Philippine government is articulated in the
1987 Philippine Constitution (“Constitution”). Under the Constitution, the Filipino people have a
right to health, equal protection of the laws, and a “balanced and healthful ecology in accord with
the rhythm and harmony of Nature.”259 In Oposa, the Philippine Supreme Court found that this
right “concern[ed] nothing less than self-preservation and self-perpetuation.” 260 The Court also
ruled 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.” 261
The Philippines’ public trust obligations were reinforced by the Metro Manila case in
2008,262 which found that the Philippine government has the authority to protect Filipinos’ “right
to a balanced and healthful ecology,” because it is the owner of all natural resources. 263 The
Court also found that purposes of the public trust doctrine in the Philippines “extend not only to
the management and conservation of natural resources, but also to their equitable distribution
among generations.”264
The Philippines is not alone in this interpretation of the scope of the public trust and
constitutional rights protecting the interests of future generations. 265 As one example, U.S.
District Court Judge Ann Aiken’s November 2016 decision in Juliana v. United States of
America found both that the U.S. Constitution provides a fundamental right to a stable climate
system and that the public trust doctrine is an inherent aspect of sovereignty that cannot be
“legislated away.”266 This Commission should follow in the courageous footsteps of Judge Aiken
by affirming the public trust rights of current and future generations of Filipinos to a stable
climate system.
In addition to the duty to protect domestic public trust resources, States have
responsibilities to safeguard resources shared in common with other nations, including the
atmosphere, oceans, and the climate system. The Philippines is a co-tenant and co-trustee of
these global trust resources, and has a shared sovereign obligation to manage these resources in a
258
Atmospheric Recovery Litigation, supra note 256, at 289-91.
Our Children’s Trust brief, at p. 5, n. 24.
260
Oposa v. Factoran Jr., G.R. No. 101083, 224 S.C.R.A. 792 (S.C., July 30, 1993) (Phil.).
261
Id.
262
Metro. Manila Dev. Auth. v. Concerned Residents of Manila Bay (Metro Manila), G.R. No. 171947-48, 574
S.C.R.A. 661 (S.C., Dec. 18, 2008) (Phil.), http://sc.judiciary.gov.ph/jurisprudence/2008/december2008/17194748.htm.
263
See Petition for Writ of Kalikasan and Writ of Continuing Mandamus, Segovia, et. al. v. The Climate Change
Commission, et. al., 23 (2014), https://www.ourchildrenstrust.org/s/Philippines-Petition.pdf; see also The
Constitution of the Republic of the Philippines, Feb. 2, 1987, Art. XII, § 2.
264
Michael C. Blumm & Rachel D. Guthrie, Internationalizing the Public Trust Doctrine: Natural Law and
Constitutional and Statutory Approaches to Fulfilling the Saxion Vision, 45 U.C. DAVIS L. REV. 741, 775 (2012)
[hereinafter Internationalizing the Public Trust Doctrine].
265
Our Children’s Trust brief, at p. 6, n. 30.
266
Order and Opinion Denying Motions to Dismiss, Juliana, et al. v. United States of America, et al., Case No.
6:15-cv-01517-TC, 29-32 (D. Or. Nov. 10, 2016), https://www.ourchildrenstrust.org/s/Order-MTDAiken.pdf; see
also Our Children’s Trust brief, at p. 7, n. 31-35.
259
54
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