1

REPUBLIC OF THE PHILIPPINES

SUPREME COURT
Manila

HON. RAMON J.P. PAJE in his capacity as

Secretary of the DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES, GLOBAL ENVIRONMENT
FACILITY, ADELINA C. BALTAZAR, MILAGROS S.
SUAN, VIRGILIO C. DIMANLIG and ANTONIO P. ROXAS,
collectively referred to as the CONCERNED CITIZENS OF
Paraaque City,
Petitioners,
-versus-

SC GR SP No._____________
Petition for Writ of Kalikasan
with Prayer for TEPO

SMOKERS CLUB PHILIPPINES,

Respondent.
x--------------------------------------------------------------x

PETITION FOR WRIT OF KALIKASAN

WITH PRAYER FOR THE ISSUANCE OF A
TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO)
PETITIONERS, through the undersigned counsels, and to this Honorable Court, respectfully
aver:

PREFATORY STATEMENT
Smoking not only affects the smokers health, it also greatly influences the surrounding
atmosphere. Smoke and cigarette butts affect the environment the most, resulting into air, water
and land pollution. Even the production of cigarettes influences the environment a lot.
All smokers think that by smoking they are only damaging their health. They are ignorant about
the fact that their smoking is indirectly affecting others health. And they are one of the direct
contributors to the environmental pollution.
There are few environmental issues, which every smoker should be aware of. Smoking affects
your environment greatly.
It is quite evident that smoking causes air pollution and to some extent also pollutes the ground.
Approximately 4000 chemicals are present in cigarettes, which are breathed out and released in
the atmosphere. This indicates that an enormous quantity of pollution is being released in the
atmosphere every day.
Pollution caused due to smoking is not confined only to the air or body but to some extent it is
also responsible in polluting the land and the water. Every day millions of cigarette butts are left
on the ground. Maximum of the cigarette butts finally end up in lakes and rivers. By mistake
fishes and other water animals eat these butts resulting in death of these water bodies. The
remaining butts left on the ground will approximately take 25-26 years to decompose. The

various additives and chemicals are leached into the soil, polluting the soil as well as plants.
During dry seasons cigarette butts can even cause major fire, which is even harmful for the
environment.
Major impact on the environment is due the production of the cigarettes. The land, which is used
for the cultivation of tobacco plants, could be better used for producing food for the third world
countries. Moreover as the tobacco plant is highly susceptible to pests and disease so to maintain
their proper growth and health various chemicals and pesticides are being sprayed. For the
production
and
packaging
of
the
cigarette
requires
a
lot
of
trees.
In an hour cigarette-manufacturing unit requires almost 4 miles of paper for rolling and
packaging of the cigarettes. Just to produce 300 cigarettes one tree is being wasted. Energy and
water is also being wasted for the production of the cigarettes as well as the chemical wastes
from the manufacturing unit is also dumped into the soil. Hence it is clear the cigarettes are in
total adding huge strain on the body and environment.
The best and the easiest way to control this environmental destruction, is to stop buying and
using this harmful product. It is tough to quit smoking but directly (your health) and indirectly
(environment) it will be beneficial for you only.1

Nature of and Urgency of the Petition

1. This is a petition for the issuance of the Writ of Kalikasan with prayer for the issuance of
a Temporary Environmental Protection Order (TEPO) under the Rules of Procedure for
Environmental Cases, urgently seeking to strictly enforce and generate enough support in
a 2010 ordinance regulating smoking in Paraaque, banning the vice in public places.
2. The constitutional right of petitioners and that of present and future generations to a
balanced and healthful ecology is threatened, and is actually being violated, by the
unlawful acts and omissions of respondents in collecting signatures for the petition
calling local government to backpedal on the smoking ban. The acts of the respondent,
will destroy ecosystem, cause pollution and aggravate the condition of Paraaque City.
3. Petitioners seek recourse to this extraordinary remedy to preclude respondent invoking
smokers rights. The promulgated ordinance indicates that smoking is strictly prohibited
in the following places: government premises, elevators and stairwells, gas stations and
other places with fire hazards, schools and other youth activity centers, hospitals and
other health centers, all places of worship, museums, libraries, theaters, auditoriums,
coliseums, grocery stores, supermarket, convenience stores, markets, public comfort
rooms, public outpost.
For buildings and establishments that want to put a smoking area or have existing
smoking areas without proper authorization, the owners are required to apply proper
permits. All owners of business establishments such as restaurants, sports clubs, night
clubs, and commercial buildings who want to maintain smoking areas within their
premises are also required to apply for the requisite permit from the city hall or they will
be subjected to penalties or even closure orders.
Mayor Olivarez firmly warned that violators will be apprehended, pay the required fines,
and be placed under other sanctions stipulated in the ordinance. A copy of the Ordinance
no. 10-09 is attached hereto as Annex A.

1 See http://smoking.ygoy.com/smoking-and-the-environment/

4. Thus, the implementing ordinance issued by local government unit must support for our
health and environmental wellness. With the creation and implementation of antismoking ordinance, Paraaque inhabitants can curb its addiction to cigarettes. These
initiatives will create a healthier and more beautiful environment for the Paraaque City
to enjoy.

The Parties

1. The following are the Petitioners:

1.1 Department of Environment and Natural Resources (Filipino: Kagawaran ng
Kapaligiran at Likas na Yaman, DENR or KKLY) is the executive department of the
Philippine government responsible for governing and supervising the exploration,
development, utilization, and conservation of the country's natural resources.2
1.2 The Global Environment Facility GEF is the largest public funder of projects to
improve the global environment. An independently operating financial organization,
the GEF provides grants for projects related to biodiversity, climate change,
international waters, land degradation, the ozone layer, and persistent organic
pollutants.3
1.3 All other individual petitioners, whose names and personal circumstances are
found in the verification and certification hereof, are residents in Paranaque City
where the ordinance was promulgated and/or, citizens who are suing in the exercise
of their Constitutionally guaranteed health, environmental, and information rights on
their behalf and on behalf of Filipinos and of generations of Filipinos yet unborn.
2. The Respondent in this case:
2.1 Smokers Club Philippines is the local activists and political pressure group which
campaigns against tobacco control activity. It has been primarily dependent upon tobacco
industry funding since its establishment in 1990.

STATEMENT OF FACTS

1. The Paraaque City government has promulgated ordinance banning smoking in public
places would take effect in the city starting January 1, 2011. A copy of the Ordinance no.
10-09 is attached hereto as Annex A.
2. The Ordinance aim to promote health and safety to enhance the right of the people to
balance ecology and preserve the comfort and convenience of their inhabitants4, prohibits
smoking in public places and regulates smoking in some enclosed private places, 5
adopting and promulgating a 100% smoke free policy and smoking prohibition in all
areas of government premises, buildings and grounds in order to ensure a healthy and
2

See http://en.wikipedia.org/wiki/Department_of_Environment_and_Natural_Resources_%28Philippines%29

3 See http://en.wikipedia.org/wiki/Global_Environment_Facility
4 Ordinance 10-09, 2nd Whereas Clause.
5 Ordinance 10-09, 3rd Whereas Clause.

productive workforce,6 warned the general public of the harmful effects of tobacco
smoking to our health and environment.7
3. On 30 May 2011, respondent Smokers Club wrote a letter to Mayor Bernabe Jr.
requesting to ban the Anti-Smoking Ordinance to launch the right of a pro-smoking
group. A copy of said letter dated 30 May 2011 is attached herewith and made an
integral part hereof as Annex B.
4. Respondent suddenly collect signatures in Paraaque City inhabitants for the petition
calling local government to backpedal on the smoking ban. The approval of the
residents in the area may affect the local government decision in banning the
promulgated ordinance.

ARGUMENTS

I.

RESPONDENT VIOLATED THE CONSTITUTIONAL RIGHT OF THE

PETITIONERS IN TO A BALANCED AND HEALTHFUL ECOLOGY.

II.

THE HOLDING OF ANTI-SMOKING ORDINANCE IN PARANAQUE CITY

BY THE RESPONDENT, VIOLATES THE ENVIRONMENTAL RIGHTS OF
THE PETITIONERS.

DISCUSSION
I.

RESPONDENT VIOLATED THE CONSTITUTIONAL RIGHT OF THE

PETITIONERS IN TO A BALANCED AND HEALTHFUL ECOLOGY.

II.
1

Respondent act of banning Anti-smoking Ordinance

constitutional provisions:

violates the following

1.1 Sections 15 and 16, Article II of the Philippine Constitution providing for
environmental and health rights;
Section 16, Article II of the 1987 Constitution explicitly provides:
Sec.16. 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.8
In relation to this, Section 15 of the same Article provides:
Sec.15. The State shall protect and promote the right to health of the people and
instill health consciousness among them.9

6 Ordinance 10-09, 4th Whereas Clause.

7 Ordinance 10-09, 5th Whereas Clause.
8 CONSTITUTION, Article XII, Section 16.
9 CONSTITUTION, Article XII, Section 15.

2. In Oposa, et al. vs. Factoran, et al. (G.R. No. 101083 July 30, 1993), this High
Court announced that the right to a balanced and healthful ecology was not just an
empty rhetoric found in the Constitution:
While the right to a balanced and healthful ecology is to be found under the
Declaration of Principles and State Policies and not under the Bill of Rights, it does
not follow that it is less important than any of the civil and political rights enumerated
in the latter. Such a right belongs to a different category of rights altogether for it
concerns nothing less than self-preservation and self-perpetuation the advancement
of which may even be said to predate all governments and constitutions.10
3. Additionally, Section 7, Article X of the Constitution provides that local government
units (LGUs) are entitled to an equitable share in the proceeds of the utilization and
development of the national wealth within their jurisdiction, and the Local Government
Code of 1991 provides that LGUs have the duty and authority to protect and co-manage
the environment and enhance the right of the people to a balanced ecology11
4. The above-cited provisions only show the substantive right of the people. Right of
Paraaque City inhabitants to a balanced and healthful ecology which the
petitioners invoking. Needless to say, every generation has a responsibility to
preserve that rhythm and harmony for the full enjoyment of a balanced and healthful
ecology. The assertion of their right to a sound environment constitutes, at the same
time, the performance of their obligation to ensure the protection of that right for the
generations to come. Thus, the ordinance should be strictly enforced for the wellness of
Paraaque City inhabitants.

III.

THE HOLDING OF ANTI-SMOKING ORDINANCE IN PARANAQUE CITY

BY THE RESPONDENT, VIOLATES THE ENVIRONMENTAL RIGHTS OF
THE PETITIONERS.

1. Respondent act of banning Anti-smoking Ordinance violates the following laws/statutes

provisions:
1.1 E.O. No. 192, Section 4. of which expressly mandates that the Department of
Environment and Natural Resources shall be the primary government agency
responsible for the conservation, management, development and proper use of the
countrys environment and natural resources, specifically forest and grazing lands,
mineral, resources, including those in reservation and watershed areas, and lands of
the public domain, as well as the licensing and regulation of all the natural resources
as may be provided for by law in order to ensure equitable sharing of the benefits
derived therefrom for the welfare of the present and future generations of
Filipinos.12
1.2 Republic Act. 8749, Section 2 in relation with Section 3, states that:

SEC. 2. Declaration of Principles. - 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. The State shall promote and protect the global environment to attain sustainable
10 Oposa v. Factoran, G.R. No. 101083 July 30, 1993.
11 CONSTITUTION, Article X, Section 7.
12 E.O.192, Section 4.

development while recognizing the primary responsibility of local government units to

deal with environmental problems. The State recognizes that the responsibility of
cleaning the habitat and environment is primarily area-based. The State also recognizes
the principle that polluters must pay. Finally, the State recognizes that a clean and
healthy environment is for the good of all and should, therefore, be the concern of all.13

SEC. 3. Declaration of Policies. - The State shall pursue a policy of balancing

development and environmental protection. To achieve this end, the frame work for
sustainable development shall be pursued. It shall be the policy of the State to:
[a] Formulate a holistic national program of air pollution management that shall be
implemented by the government through proper delegation and effective coordination of
functions and activities;
[b] Encourage cooperation and self-regulation among citizens and industries through the
application of market-based instruments;
[c] Focus primarily on pollution prevention rather than on control and provide for a
comprehensive management program for air pollution;
[d] Promote public information and education and to encourage the participation of an
informed and active public in air quality planning and monitoring; and
[e] Formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity. This shall include the setting up
of a funding or guarantee mechanism for clean-up and environmental rehabilitation and
compensation for personal damages.14
2. Further, In Oposa, et al. vs. Factoran, et al. (G.R. No. 101083 July 30, 1993), the High
Court declared that environmental rights are enforceable notwithstanding whether they
are constitutionally expressed because of their inception before humankind and added
that:
As a matter of fact, these basic rights need not even be written in the Constitution for they
are assumed to exist from the inception of humankind. If they are now explicitly
mentioned in the fundamental charter, it is because of the well-founded fear of its framers
that unless the rights to a balanced and healthful ecology and to health are mandated as
state policies by the Constitution itself, thereby highlighting their continuing importance
and imposing upon the state a solemn obligation to preserve the first and protect and
advance the second, the day would not be too far when all else would be lost not only for
the present generation, but also for those to come generations which stand to inherit
nothing but parched earth incapable of sustaining life.15
3. The High Court went further by emphasizing in Oposa that the right to a balanced and
healthful ecology carries with it the correlative duty to refrain from impairing the
environment.16
4. Thus, whatever acts of the respondent, cannot be considered as proper due to the health,
environmental and other hazards involved, which makes it a matter of public concern, the
people have the right which protect by our laws.

ALLEGATIONS IN SUPPORT OF THE APPLICATION FOR ISSUANCE OF

TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO)
13 An Act Providing For a Comprehensive Air Pollution Control Policy And For Other Purposes, Republic Act No. 8749, 2 (1999)
14 R.A. 8749, Section 2.
15 Oposa v. Factoran, G.R. No. 101083, July 30, 1993.
16 Oposa v. Factoran, G.R. No. 101083, July 30, 1993.

1. Petitioners re-plead and incorporate, by way of reference, all the averments in the
foregoing insofar as they are pertinent, relevant and material hereto. And in support of the
instant application for the issuance of a temporary environmental protection order
(TEPO), petitioners further allege that:
1.1 There is extreme urgency to restrict the respondent from proceeding to ban the Antismoking Ordinance; this will result in grave and irreparable damage to both the
environment and human health.

PRAYER

WHEREFORE, premises considered, petitioners respectfully pray that this Honorable Supreme
Court:
1. ISSUE a Temporary Environmental Protection Order (TEPO) ordering respondents to refrain
from taking any action pursuant to the ordinance;
2. DIRECT respondents to permanently cease and desist in collecting signatures for the petition
calling local government to backpedal on the smoking ban.
Petitioners pray for such other reliefs which relate to the right of the people to a balanced and
healthful ecology or to the protection, preservation, rehabilitation or restoration of the
environment.
Respectfully submitted.
Paraaque City, Philippines, 26 Aug 2011.
By:
ATTY. RONALDO R. GUTIERREZ
Counsel for Petitioners
GLOBAL ENVIRONMENT FACILITY
Unit 201 TDS Bldg. 72 Kamias Road
Quezon City, M.M. 1102
PTR No. 4632914/1-11-11/Q.C
IBP Lifetime No. 0907908/Q.C.
MCLE III Exemption No. 000947; 4-7-2010
Roll No. 41383
ATTY. LYSANDER NOROA CASTILLO
PTR No. 6935097/4-28-11/Pasig City
IBP No. 862848/4-27-11/Or. Mindoro
MCLE Compliance Exempt-Bar Matter No. 850
Roll No. 59741
ATTY. ARVIN A. JO
PTR No. 5409054/6-23-11/QC
IBP No. 859934/4-5-11/QC
MCLE Compliance Exempt-Bar Matter No. 850
Roll No. 59437

Explanation

Due to distance and logistical constraints, service of this petition was done by registered mail.

LYSANDER N. CASTILLO
Copy furnished:
HON. RAMON J.P. PAJE
DENR Compound, Visayas Avenue
Paranaque City
OFFICE OF THE SOLICITOR-GENERAL
134 Amorsolo St., Kalaw Village
Paranaque City 1229
HON. FLORENCIO M. BERNABE JR.
Office of the Mayor
Obando, Paranaque City 3021
SANGGUNIANG BAYAN OF Paraaque City
Office of the Sangguniang Bayan
Paraaque City 3021
Global Environment Facility
Dominga Building 2113
Roces Ave. corner Dela Rosa St.
Paraaque City
Smokers Club Philippines
RX Building 3011
Santiago St.
Paraaque City