Precaution espouses prudence where risk is
uncertain, but plausible. It is an addition to two
basic tenets of problem-solving: curing problems
and preventing them. Under a curative approach,
the harm has already been realized, and measures
are created to reverse the harm, or require
compensation for the costs associated with harm.
Under the preventive approach, measures are taken
to prevent known risks from materializing into
actual harm. Precaution requires even greater
diligence than prevention, by calling for measures
to safeguard the environment even if the
occurrence of harm is uncertain. The precautionary
principle affirms the need for urgent measures
given the unpredictable patterns of the
environment, and the harm resulting from its
abuse.88
In a recent landmark ruling on the precautionary principle, our highest
court explained:
An application of the precautionary principle to the
rules on evidence will enable courts to tackle
future environmental problems before ironclad
scientific consensus emerges.89
Furthermore, when features of uncertainty, possibility of irreversible
harm, and possibility of serious harm coincide, the case for the precautionary
principle is strongest according to the Supreme Court; and it advises:
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88
Sub-committee on the Rules of Procedure for Environmental Cases, Rules of Procedure for
Environmental Cases, Apr. 29, 2010 at 82.
89
See Supreme Court Decision, dated December 8, 2015, on the consolidated cases ISAAA v. Greenpeace
Southeast Asia (Philippines), et al., G.R. No. 209271, Environmental Management Bureau of the
Department of Environment and Natural Resources, Bureau of Plant Industry and Fertilizers and
Pesticides Authority of the Department of Agriculture v. Greenpeace Southeast Asia (Philippines) et al.,
G.R. No. 209276; University of the Philippines Los Banos Foundation, Inc. v. Greenpeace Southeast Asia
(Philippines), G.R. No. 209301; and University of the Philippines v. Greenpeace Southeast Asia
(Philippines), G.R. No. 209430, at 100.
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