In 2017, petitioners sued the Government of the Philippines seeking to reduce air pollution from vehicular emissions. They argued that the government’s failure to address air pollution was prejudicing life, health, and the property of all Filipinos. Petitioners alleged that the government should reduce “personal and official consumption of fossil fuels” by at least 50%. They asserted that the government should (i) reduce vehicular traffic by implementing road sharing with pedestrians and cyclists, (ii) devote public open spaces to sustainable urban farming, and (iii) allocate more budget to mitigating environmental pollution. The petitioners had sought the writs of kalikasan (protection of constitutional rights to a healthy environment) and continuing mandamus to compel the Presidentially-created Climate Change Commission to implement a variety of measures to promote biking and walking and disincentivize car travel. Petitioners based their claims in the Philippine Constitution and Executive Order 774, which designates a task group to reform the transportation sector and follow the principle "those who have less in wheels must have more in road." 

However, on March 7, 2017 the Supreme Court of the Philippines dismissed the lawsuit for failing to establish the requisites for the issuance of the writs. The Court found that petitioners had not established that the Commission was guilty of violation or neglect of environmental laws as required by the writ of kalikasan. Further, petitioners failed to prove direct or personal injury arising from the government's failure to act, as required by the writ of continuing mandamus. The court accepted the government’s evidence that it was implementing environmental laws and prioritizing programs aimed at addressing and mitigating climate change. 

Segovia et al. v. Climate Change Commission

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Segovia et al. v. Climate Change Commission - judgment

Filed

Philippines

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

woman and genders outside of the gender binary

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Segovia et al. v. Climate Change Commission - judgment

Policy instrument

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance