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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