Writ of kalikasan: Protection for all?
The author seeks to prove that the “two (2) city or province affected ”requirement of the Writ of Kalikasan is unconstitutional, because it violates the equal protection clause of the Constitution. Equal protection requires that persons similarly situated must be treated alike, the only exception is...
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| Format: | text |
| Language: | English |
| Published: |
Animo Repository
2014
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| Subjects: | |
| Online Access: | https://animorepository.dlsu.edu.ph/etd_masteral/6378 https://animorepository.dlsu.edu.ph/context/etd_masteral/article/13443/viewcontent/11087897_CHIONGSON_THESIS2.pdf |
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| Institution: | De La Salle University |
| Language: | English |
| Summary: | The author seeks to prove that the “two (2) city or province affected ”requirement of the Writ of Kalikasan is unconstitutional, because it violates the equal protection clause of the Constitution. Equal protection requires that persons similarly situated must be treated alike, the only exception is when there is a circumstance that would validly distinguish a person from the other persons belonging to the same classification. The writ aims to remedy/promote the right to life and healthful and balanced ecology3, hence, a classification following territorial “titles” is not a valid classification for running against the very purpose that the writ was created for. This is because it discriminates against single big cities or provinces, which may more or less have the same territorial or population size as other two cities or provinces combined; Persons who seek relief against an environmental danger will not be permitted to avail of the writ of kalikasan merely because the danger they seek to prevent/remedy affects only a single territory “title”. As a result, regardless of the territorial magnitude or irreparable damage that may occur, no immediate remedy can be acquired, counter acting the very purpose which the writ was created for, to protect the right to life.
In line with this, the author will conduct several surveys and analysis of cases where the writ has already been granted, and these will be compared to single large cities or provinces. Furthermore, the writ will also be compared to other available legal remedies, which proves why the Writ of Kalikasan cannot be substituted with other remedies. |
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