The totality of the damage and devastation brought upon by the

change in the climactic conditions of our world spares no one,

where the effects of climate change is felt by the population in
general regardless of social standing.

from the danger. Severe droughts, intense heat waves causing

bush and forest fires, massive rain downpour will ravage the
lands that they live in.

And in the current state of the global climate change

problem, the most vulnerable sectors in the society are those
groups of people that are directly affected by the risks posed by
the climate change threat.
This includes the marginalized sector of the society:
where the legal definition of the word marginalized pertains to
The Process of according less importance to something or to
someone moved away from the inner workings of the group. A
social phenomenon of excluding a minority, a subgroup, or
undesirables by ignoring their needs, desires and expectations.
The Marginalized sector of the society takes the full of
the damage or devastation brought about by the abrupt changes
in the worsening weather conditions: where they will be greatly
affected when there is scarcity of access to clean water, rising
food commodity prices, deteriorating climate and environmental
conditions, where when natural disasters strike: like Torrential
rains resulting to flooding, they are less likely to recover from
the damage incurred by the devastation and in worst cases,
may not recover at all with respect to the current hardships that
they are facing.
The Indigenous people /sector will also be greatly
affected for they will be displaced from their ancestral
lands/shores due to the damages brought about by climate
change. Those living by the coastal areas will be forced to find
refuge in land above the receding shorelines due to the rising
sea levels: abandoning their way of life and means of livelihood.
Indigenous sectors living in the countryside are not exempted

In hopes mitigating the damage incurred caused by

climate change problem, several nations has already been
formulating laws and agreements. These Includes:
In the global setting:
United Nations Framework
Change (UNFCCC)

Convention

on

Climate

Stabilize greenhouse gas concentrations in the atmosphere at

a level that would prevent dangerous anthropogenic
interference with the climate system".
The framework set no binding limits on greenhouse gas
emissions for individual countries and contains no enforcement
mechanisms. Instead, the framework outlines how specific
international treaties (called "protocols" or "Agreements") may
be negotiated to set binding limits on greenhouse gases.

And within the UNFCCC framework gave rise to the KYOTO

protocol:
Which sets emission limits for many of the world's most
economically developed nations which are binding under
international law.
It aims to control emissions of the main anthropogenic
greenhouse gases (GHGs) in ways that reflect underlying
national differences in GHG emissions, wealth, and capacity to
make the reductions.
Where it has 84 nations as signatories to the treaty:
Results: First Commitment Period: 2008 2012
No signs of slowing down Global Greenhouse Emissions.
Unquestionably an important first step in global climate
diplomacy, which in the previous decades, the climate change
threat has not been given that much importance or was not
even considered as a threat at all.

Laws were also made to combat the resultant problems that

arisen from the climate change condition: Such as Food
and water scarcity from destruction caused by Climate
change. These laws are.
Right to Adequate Food
This right flows from the Charter of the United Nations, the
Universal Declaration of Human Rights (UDHR) and the
International Covenant on Economic, Social and Cultural Rights
(ICESCR) of 1966. It is the UDHR which clarifies that the

realization of all human rights civil, cultural, economic, political

and social is needed to guarantee a life in dignity for all
members of the human family. A life in dignity requires that
everyone has the right to a standard of living adequate for the
health and well-being of himself and of his family, including food,
clothing, housing (Article 25, UDHR).
September 2010 United Nations Human Rights Council
Resolution on Human rights and access to safe drinking
water and sanitation
The resolution, adopted by consensus by the Human Rights
Council, affirms that the right to water and sanitation are part of
existing international law. This body has therefore confirmed
that these rights are legally binding upon States.
This is an important step, States parties to the International
Covenant on Economic Social and Cultural Rights can no longer
deny their responsibility to provide safe water and sanitation for
all individuals.

In the Philippine setting: There are plenty of laws which

aims to mitigate the climate change problem, mentioned in
the preceding reports of other groups.

In the case of the Philippines, our country is one

of the victims of environmental degradation caused by
irresponsible
mining
activities,
uncontrolled
deforestation due to both legal and illegal logging
activities in our watershed areas, the exploitation of our

vast land and aquatic/marine resources, air and water

pollution in our cities, contamination by toxic effluents
in our water resources, irresponsible conversion of
prime agricultural lands for industrial and residential
use, and last but the not the least, increasing waste
disposal problems.
The urgency to act on these environmental issues
is duly influenced by global action, for it has been
recognized that in order for the policies of
environmental protection succeed, the law must
complement with the existing policies of the state.
In the landmark case of Oposa v.Factoran Jr.1in
1993, the Supreme Court held two important ideas for
environmental justice were ascertained. First is that the
young and those of the future generations which is yet
to come has the legal standing to enforce
environmental rights, and secondly, environmental
rights are fundamental in nature that it need not to be
found in a constitution, for the preservation of the
environment is one of the basic duties of humankind
where our survival as a race solely depends upon.
Another landmark case in 2008, the Supreme
Court issued a continuing Mandamus in the case of
Metro Manila Development Authority v. Concerned
Citizens of Manila2,the S.C held that government

agencies are obliged to clean the polluted Manila Bay.

The writ of continuing Mandamamus commands the
respondent or a party to execute a rendered judgment
and perform such act up until the judgment is satisfied.
In the case of West Tower Condominium
Corp., et al. v. First Philippine Industrial Corp. et
al. in 20103, an oil leak was discovered in the basement
of a condominium, the high tribunal issued the countrys
first Writ of Kalikasan, which lead to the temporary
closure of the FPIC pipeline which transports petroleum
products from one of the provinces to an oil depot
situated in Manila.
In Cosalan et al. v. City of Baguio, et al.4, the
petitioners in the said case sought the closure of a
particular dumpsite where six (6) people including three
(3) children were killed when a trash slide buried the
victims alive. After the proceeding were held in the
Court of Appeals, an amicable arrangement were
entered by the local government and the affected
parties, and later on entered into a Consent Decree,
where the local government took measures in ensuring
the dumpsites closure.

1Oposa v.Factoran Jr., G.R. No. 101083, July 30, 1993.

3West Tower Condominium Corp., et al. v. First

Philippine Industrial Corp. et al.G.R. No. 194239

2Metro Manila Development Authority v. Concerned Citizens of

Manila Bay, G.R. Nos. 171947-48

4Cosalan et al. v. City of Baguio, et al.CA-G.R. SP No.

00006.

In Agham Party List, et al. v. Ramon Paje 5,

petitioners questioned the use of and management of
the Taal Volcano Protected Landscape. The handling of
the numerous fish cages and several livestock operation
affected the water quality and health of TaalLake . A
writ of Continuing Mandamus was issued requiring the
Protected Area Management Board of Taal Volcano
Protected Landscape to be strict in the issuance of
appropriate clearances to all projects in Taal Volcano
Protected Landscape and to faithfully and promptly
comply with the conditions of the Memorandum of
Agreement entered into by the parties. The Department
of Environment and Natural Resources (DENR) has also
agreed to enhance its efforts in monitoring the
operation of fish cages and several livestock in the area.

Conclusion: In order to mitigate the worsening

environmental and climactic conditions of our times, a
much more strict compliance of both international and
local laws are required. Also there must be a cohesive
program in regulation of the usage of our natural
resources, where a sustainable and responsible use of
our natural resources preserves the health and integrity
of our environment, minimizing the damage done and
ensuring that these resources are still can be enjoyed
by the future generations to come.

5Agham Party List, et al. v. Ramon Paje, CA-G.R. SP

No. 00007.

In totality, what really is the key to success in

preserving the environment is the setting aside of
differences between governments and nations, where
there must be an exchange and an openness of ideas
with regards on how practices and policies of
environmental conservation can be strengthened and
applied wisely, where an increased inter-nation
conventions and joint environmental campaigns is the
crux to ensuring the continuation of a well-balanced and
sustainable biodiversity with regards to the Earths flora
and fauna.