Forum on Environmental Justice

16 April 2009
University of Cordilleras, Baguio City
Speech of Secretary Arthur C. Yap*
* To be delivered by Usec. Bernie G. Fondevilla
(Greetings/Amenities)
Secretary Arthur Yap sends his sincerest apologies for being unable to be with us
here today due to prior commitments. He has however granted me the privilege and
honor to deliver the message he prepared for this gathering. And I read
As the country confront the challenge of attaining food security and
sufficiency, immense global challenges continuously put pressure on our land and
water systems. These include:
A changing climate which creates abnormalities in weather conditions;
Rapid urbanization, which has encroached on prime agricultural lands;
Ever-growing energy consumption, thus the immediate need to develop
alternative fuel sources; and
An increasing population, which forces people to compete for existing
albeit limited resources.
All these forces are linked against us. And everybody is called upon to bring
the productivity of our land and water resources to the maximum within these tough
conditions. Thus, the Department of Agriculture affirms its continuous commitment
to the promotion of environmental justice. That in all its policies, programs and
activities, paramount consideration is placed on attaining these three basic
objectives: environmental health, economic profitability, and social and
economic equity. In particular, we have been carrying out and continually
enhancing the following strategies as part of our initiatives to promote sustainable
agriculture as an actual and concrete strategy to achieve food security:
Promotion of science-based technologies to ensure sustained food
production throughout the agricultural landscape;
Conduct of research in rainwater harvesting, organic farming, balanced
fertilization, and revival of degraded soils;
Implementation of Small Water Impounding Projects (SWIPs) and
location-specific small scale irrigation projects such as small farm
reservoirs, small diversion dams and shallow tube
wells to help small farmers in the uplands and rainfed areas.
Conduct of detailed evaluation of our soil and land resources in close
partnership with LGUs;
Integration of our Strategic Agriculture and Fisheries Development
Zones (SAFDZs) with the Comprehensive Land Use Plan of LGUs; and
Implementation of the various activities such as the Tipid Abono
Program to encourage the production of organic fertilizers and reduce
production costs at the farm and community levels.
More specifically, DA is now implementing the Organic FIELDS Support
Program (OPSF) through the Bureau of Soils and Water Management (BSWM). This
program takes local soil fertility as a key to
successful production. By respecting the natural capacity of plants, animals and the
landscape it aims to optimize
quality in all aspects of agriculture and the
environment. Organic agriculture dramatically reduces external inputs by refraining
from the use of
chemo-synthetic fertilizers, pesticides and pharmaceuticals.

Instead, it allows the powerful laws of nature to increase both agricultural yields and
disease resistance. (Definition taken from IFOAM -International Federation of
Organic Agriculture Movements) Furthermore, as the lead agency tasked to ensure
increased productivity and sustainable supply of biofuel feedstocks under the
Biofuels Act of 2006, the DA through the Philippine Coconut Authority has
undertaken its coconut feedstock for biodiesel program through (1) fertilization and
(2) greenfields expansion.
A total of 282,000 hectares is programmed for
fertilization in order not to disrupt the existing supply of coconut. There is
approximately 3.258 million hectares of coconut
plantations and about 331.465 million coconut bearing trees. This is enough to
support all requirements including those for biofuels until 2012. Another measure
being taken by the DA in order to safeguard the
sustainability of supply for the export market is the expansion of a total of 525,000
hectares of land for coconut plantation over the next 2 years. To properly conserve
and manage the countrys coastal marine fisheries and aquatic resources, the DA
through the National Agriculture and Fisheries Council (NAFC) and the Bureau of
Fisheries and Aquatic Resources (BFAR) implemented the Bantay Dagat Program.
One of the components of the Bantay Dagat Program is the provision of patrol
boats, communication and other equipment to local government units that have the
jurisdiction over their respective municipal waters. Through all these, we at the DA
laud the Supreme Court in its active
protection of the environment. This forum on environmental justice is a
manifestation of its constant dedication in developing the field of environmental
protection.
How courts can help in the protection and preservation of the
environment. Several Supreme Court decisions provide excellent examples on how
courts can help in the protection and preservation of the environment. To mention a
few:
1. In the landmark case of Oposa v. Factoran (224 SCRA 792 [1993]), several
minors represented by their parents filed a complaint against the Secretary of DENR
and asserted that continued felling of trees in Philippine rainforests would lead to
deforestation and consequent irreparable damage, not only to the complainant
minors, but to future generations as well. Supreme Court held that denial or
violation of the right to a balanced and healthful ecology by another who has a duty
to respect or protect the same gives rise to a cause of action. The courts should
therefore note that the right to a healthful
environment should be considered not only in the context of a duty to the present
but also to future generations.
2. In Tano, et al. v. Socrates, et al. (278 SCRA 154 [1997]), the Supreme Court
affirmed the important role of the local government in environmental protection.
The Court upheld the validity of several government ordinances which aimed to
prohibit cyanide fishing. It expressed the hope that other local government units
would be roused from their lethargy and would adopt a more vigilant stand in
the battle against the decimation of Philippine fishery and aquatic resources, the
legacy to future generations.
3. In Ysmael v. Deputy Executive Secretary (190 SCRA 673, 684 [1990]), the
Supreme Court took judicial notice of the profligate waste of the country's forest
resources which has not only resulted in the
irreversible loss of flora and fauna peculiar to the region, but has produced even
more disastrous and lasting economic and social effects. In the same case, the
Supreme Court also reiterated the basic rule

that the courts will not interfere in matters which are addressed to the sound
discretion of government agencies entrusted with the regulation of activities coming
under the special technical knowledge and training of such agencies. Nevertheless,
being the branch which enjoys the sole power to interpret and determine the
constitutionality of a particular legislation and apply it to individual cases, the
judiciary plays a very significant role in the success and effective enforcement of
government projects and implementation of laws. Thus, Department of Agriculture
takes this opportunity to point out that ensuring food security is also equally
important as that of environmental protection. The Philippines is an agricultural
country wherein 47% of its total land area (13 million hectares) is devoted to
agricultural crops. About 70% of the country's population is predominantly rural and
two-thirds of this population depends on farming for their livelihood. In terms of
employment, about one-half of the labor force is
engaged in agricultural activities. Ironically, while the Philippine economy is largely
agriculture-driven,
the country has yet to be self-sufficient in rice and corn, two of its major staples.
The massive land use conversion for subdivisions, manufacturing plants and nonagricultural purposes have certainly been one of the major factors for the
decreasing rice supply, food insecurity and rising costs of basiccommodities in
recent years. The problem on land conversion is a serious problem for the
government to deal with, especially with a growing population. DA urges the courts
to take a more active role in contributing its share to promote food security in this
country, and to be more vigilant in the protection of the rights of farmers. In
particular, we expect the countrys courts to remain committed as one of the strong
pillars that ensure that the poorer sectors of society have equitable access to
resources, income opportunities, basic and support services especially in areas
where productivity is low. Conclusion, As we convene this gathering, we must
remember that the Filipino farmers need nothing other than what their environment
richly provides: clear water, clean air, a treasure of forests to protect their
farmlands, and an abundance of life in the hills and rivers of their illustrious
heritage.
If we are to prevail over the long-term, we must manage our soil and water
resources with long-term objectives in mind.
If agricultural progress is to be a means to food security and the alleviation of
poverty, we must consider the welfare and limited productive resources of those we
seek to empower; and
If agriculture is to be a tool for economic competition, we must master the land we
cultivate without destroying their productive capacities and benchmark our
progress against the best in the world.
When reclassification or conversion cases are brought to the Supreme Court, these
are generally
decided in favor of the landowners and business interests. Six cases decided by the
high court from June
2000 to March 2006 resulted in the conversion of some 5,308 hectares in Batangas,
Rizal, Davao, Masbate, Laguna, and Cavite. In Nasugbu, Batangas, 1,837 hectares
were excluded from CARP when, in
June 2000, the high court upheld earlier orders of two DAR secretaries that the
landholdings have been
reclassified as tourist zones and thus were beyond land reform coverage. In Jalajala, Rizal, 112 hectares were awarded to a private entity when, in October 2000,

the high court upheld a decision of the Court of Appeals denying coverage by virtue
of DAR Administrative Order No. 6, series of 1994, and DOJ Opinion No. 44. In
October 2005, in Aroroy, Masbate, 3,020 hectares were excluded from CARP when
the high court ruled that DAR Administrative Order No. 9, series of 1993, is
unconstitutional. The decision followed an earlier landmark decision (Luz Farms vs.
DAR Secretary) excluding land holdings being used for livestock production from the
scope of CARP. In the Cavite and Laguna cases, the reclassification and subsequent
exclusion of the land holdings in question was upheld by the high court. This forum
is therefore a necessary and praiseworthy step toward reclaiming the land, restoring
the health of our environment, and rescuing the future.Thank you and good morning
to all of you.