By: Atty. Euney Marie J. Mata-Perez on May 29,2025

ANY construction project should not be at the expense of the environment and the health and welfare of the people. Thus, there should be vigilance against any activity, no matter how laudable or impressive it may seem, if it is detrimental to the habitat and the well-being of the people.

Citizens have the right to breathe “clean air.” This is recognized in the Declaration of Principles and State Policies in Section 16 of Article II of the Philippine Constitution: “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”

This unites with the right to health which is provided for in the preceding Section 15 of the same Article II of the Philippine Constitution: “The State shall protect and promote the right to health of the people and instill health consciousness among them.”

Certainly, the right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. (Oposa v. Factoran, GR 101083, July 30, 1993).

The basic law on the citizens’ right to breathe clean air is Republic Act 8749, or the Clean Air Act. Other rights under this law are:

(a) The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances.

(b) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws.

(c) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.

Local government units shall share the responsibility with the Department of Environment and Natural Resources (DENR) in the management and maintenance of air quality within their territorial jurisdiction.

Under Section 40 of the Clean Air Act and without prejudice to the right of any affected person to file an administrative action, the DENR shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates the standards or limitation provided under this Act; or any order, rule or regulation issued by the Department with respect to such standard or limitation.

Citizen suit

On the other hand, for purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may file a so-called citizen suit, or an appropriate civil, criminal or administrative action in the proper courts against:

(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or

(b) The DENR or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and/or

(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any manner, improperly performs his duties under this Act or its implementing rules and regulations: provided, however, that no suit can be filed until after a 30-day notice has been given to the public officer and the alleged violator concerned, and no appropriate action has been taken thereon.

It is important to note that the filing of the citizens suit shall be exempt from the payment of filing fees, except fees for actions not capable of pecuniary estimations and shall, likewise, upon prima facie showing of the nonenforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.

An affected citizen can also file for an abatement of nuisance. Under Section 694 of the Civil Code, there is a nuisance when there is “any act, omission, establishment, business, condition of property or anything else which: (1) injures or endangers the health or safety of others; or (2) annoys or offends the senses; or (3) shocks, defies or disregards decency or morality; or (4) obstructs or interferes with the free passage of any public highway or street, or any body of water; or (5) hinders or impairs the use of property.”

But other than the statutory definition, jurisprudence recognizes that the term “nuisance” is so comprehensive that it has been applied to almost all ways which have interfered with the rights of the citizens, either in person, property, the enjoyment of his property or his comfort. (Smart Communications Inc. v. Aldecoa, GR 166330, Sept. 11, 2013, 705 SCRA 392, 422).

Euney Marie J. Mata-Perez is a CPA lawyer and the managing partner of Mata-Perez, Tamayo & Francisco (MTF Counsel). She is a corporate, M&A and tax lawyer, and is the chairman of the Tax Committee of the Management Association of the Philippines. Email her at info@mtfcounsel.com or visit the MTF website at www.mtfcounsel.com.

https://www.manilatimes.net/2025/05/29/business/top-business/rights-against-pollution/2122687