Environmental Accountability and Legal Remedies in the Philippines:

The Case of Zambales Dredging and the Writ of Kalikasan

By: Arnedo S. Valera, Esquire

The Philippines, as an archipelagic state, is endowed with immense ecological wealth, from its riverine systems to its marine biodiversity. Yet, these resources remain fragile and vulnerable to unsustainable practices. The recent dredging operations in the river channels of Sto. Tomas, Bucao, and Maloma in Zambales underscore this fragility. Despite mounting public concern and formal endorsement from the Office of the President for review by the Department of Environment and Natural Resources (DENR), destructive dredging continues unabated. Such acts are not merely administrative lapses but affronts to constitutional and international obligations of the Philippine State to preserve and protect the environment.

Two parallel remedies emerge as necessary in this context: (1) a Senate investigation in aid of legislation to strengthen regulatory mechanisms and hold officials accountable, and (2) the filing of a Writ of Kalikasan before the Supreme Court or Court of Appeals to immediately halt further ecological damage. This article examines these remedies through the lenses of constitutional law, jurisprudence, and international environmental commitments.

Constitutional and Statutory Framework

The 1987 Philippine Constitution places environmental protection at the heart of state responsibility. Article II, Section 16 guarantees the people’s right to a balanced and healthful ecology, while Article XIII, Section 11 mandates the State to prioritize health. Unlike aspirational provisions, these are self-executory rights that the courts have consistently upheld in landmark cases.

The statutory framework complements these constitutional mandates. Presidential Decrees 1151 and 1152 (Philippine Environmental Policy and Code) emphasize the duty of every person to safeguard the environment. Republic Act 9275 (Clean Water Act), Republic Act 8550 (Philippine Fisheries Code), and Republic Act 7160 (Local Government Code) further delineate the responsibilities of both national agencies and local government units in preventing ecological degradation. The cumulative import of these laws is that dredging operations of the magnitude occurring in Zambales cannot proceed absent rigorous environmental impact assessment, stakeholder consultation, and sustainable safeguards.

Jurisprudential Guidance

Philippine jurisprudence has consistently treated environmental protection as a matter of intergenerational justice and strict liability.

Oposa v. Factoran (G.R. No. 101083, July 30, 1993) established the doctrine of intergenerational responsibility, recognizing that natural resources are held in trust for future generations.

Resident Marine Mammals v. Reyes (G.R. No. 180771, April 21, 2015) struck down permits inconsistent with ecological balance, affirming that marine protection takes precedence over economic expediency.

West Tower Condominium v. First Philippine Industrial Corporation (G.R. No. 194239, December 7, 2010) emphasized strict liability in cases of environmental harm, underscoring the principle that those who cause ecological damage must bear the burden of remedy and restoration.

These cases provide a strong doctrinal basis for invoking the Writ of Kalikasan in the Zambales dredging issue.

International Commitments

The Philippines’ obligations extend beyond domestic law. Under UNCLOS (1982), the State must protect and preserve the marine environment (Art. 192) and prevent land-based pollution (Art. 207). The Convention on Biological Diversity (1992) requires conservation of ecosystems and biodiversity, while the Rio Declaration (1992) enshrines the precautionary principle: lack of full scientific certainty is not an excuse for inaction where serious environmental harm is likely.

Moreover, the Stockholm Declaration (1972) and the International Covenant on Economic, Social and Cultural Rights (1966) link environmental protection to human dignity and health, while the ASEAN Agreement on the Conservation of Nature and Natural Resources (1985) commits regional partners to prevent ecological degradation. Non-compliance with these treaties not only diminishes the Philippines’ credibility but also exposes the State to transnational accountability.

Remedies: Senate Investigation and the Writ of Kalikasan

1. Senate Investigation in Aid of Legislation

Article VI, Section 21 of the Constitution empowers the Senate to conduct inquiries in aid of legislation. A Senate investigation into the Zambales dredging issue would serve two purposes: first, to establish accountability of government officials and contractors; second, to recommend amendments to existing laws to close regulatory loopholes. Investigations of this nature have historically shaped Philippine environmental law, such as the legislative inquiries following the Guimaras oil spill, which led to stricter regulations on maritime transport of hazardous substances.

2. The Writ of Kalikasan

Enshrined in the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC, 2010), the Writ of Kalikasan is available when environmental damage affects the life, health, or property of inhabitants in at least two cities or provinces. The Zambales case qualifies, as dredging has already impacted multiple municipalities and threatens broader marine ecosystems in the West Philippine Sea. Reliefs that may be sought include the issuance of a Temporary Environmental Protection Order (TEPO) to halt dredging, the conduct of independent environmental assessments, and directives for ecological rehabilitation under the “polluter pays” principle.

The Zambales dredging controversy epitomizes the gap between environmental rhetoric and environmental reality. Despite constitutional guarantees, statutory prohibitions, and international commitments, ecological destruction persists when enforcement is weak and accountability mechanisms are bypassed. The dual remedies of a Senate investigation and a Writ of Kalikasan provide both legislative oversight and judicial relief—tools essential to preserving the ecological heritage of Zambales and safeguarding the rights of future generations.

Environmental governance in the Philippines must evolve beyond lip service to genuine stewardship. By invoking these remedies, citizens and organizations such as the Zambales Ecological Network (ZEN) reaffirm the enduring truth that the environment is not a commodity to be exhausted but a patrimony to be protected.#

Atty. Arnedo S. Valera is  a Co- Executive Director / Founder of the Global Migrant Heritage Foundation and Managing Attorney of Valera & Associates, a U.S. immigration and anti-discrimination law firm he has led for more than 32 years. He is a Ford Foundation and Asia Foundation Scholar, holding a master’s degree in International Affairs and International Law and Human Rights from Columbia University, New York, with further training at the International Institute of Human Rights in Strasbourg, France. He earned his Bachelor of Laws from Ateneo de Manila University and his AB in Philosophy from the University of Santo Tomas. A committed educator, he serves as a professor at the San Beda Graduate School of Law (LLM Program), teaching International Security and Alliances. He is also a columnist writer for Inquirer.net and a pro-bono attorney for several nonprofit organizations in the United States.