WEST TOWER vs FIRST PHILIPPINE INDUSTRIAL CORPORATION

G.R. No. 194239, June 16, 2015

FACTS:
Before the Court is the Petition for the Issuance of a Writ of Kalikasan filed following the leak in the oil
pipeline owned by First Philippine Industrial Corporation (FPIC) in Makati City.

Respondent FPIC operates two pipelines. In May 2010, however, a leakage from one of the pipelines
was suspected after the residents of West Tower Condominium (WestTower) started to smell gas within
the condominium. What started as a two-drum leak at the initial stages became a 15-20 drum a day affair.
Eventually, the sump pit of the condominium was ordered shut down by the City of Makati to prevent the
discharge of contaminated water into the drainage system of Barangay Bangkal. Eventually, the fumes
compelled the residents of WestTower to abandon their respective units on July 23, 2010 and the condo’s
power was shut down.

On November 15, 2010, West Tower Condominium Corporation (West Tower Corp.) interposed the
present Petition for the Issuance of a Writ of Kalikasan on behalf of the residents of West Tower and in
representation of the surrounding communities in Barangay Bangkal, Makati City. West Tower Corp. also
alleged that it is joined by the civil society and several people’s organizations, non-governmental
organizations and public interest groups who have expressed their intent to join the suit because of the
magnitude of the environmental issues involved.
On November 19, 2010, the Court issued the Writ of Kalikasan with a Temporary Environmental
Protection Order (TEPO). Since after the Court’s issuance of the Writ of Kalikasan and the TEPO, FPIC
has ceased operations on both the WOPL and the BOPL. On May 31, 2011, however, the Court,
answering a query of the DOE, clarified and confirmed that what is covered by the Writ of Kalikasan and
TEPO is only the WOPL System of FPIC; thus, FPIC can resume operation of its BOPL System.

To expedite the resolution of the controversy, the Court remanded the case to the Court of Appeals
(CA). On January 11, 2013, petitioners filed their Motion for Partial Reconsideration of the CA’s Report.
On July 30, 2013, the Court issued a Resolution adopting the recommendation of the CA in its Report
and Recommendation that FPIC be ordered to secure a certification from the DOE Secretary before the
WOPL may resume its operations.

ISSUE: Is the Court fully equipped with the knowledge to finally resolve the Writ of Kalikasan or should it
avail of the special knowledge and expertise of administrative bodies under the doctrine of primary
jurisdiction?

RULING:

Courts, although they may have jurisdiction and power to decide cases, can utilize the findings
and recommendations of the administrative agency on questions that demand "the exercise of
sound administrative discretion requiring the special knowledge, experience, and services of the
administrative tribunal to determine technical and intricate matters of fact."

The DOE is specially equipped to consider FPIC's proper implementation and compliance with its PIMS
and to evaluate the result of the various tests conducted on the pipeline. The DOE is empowered by Sec.
12(b)(l), RA 7638 to formulate and implement policies for the efficient and economical "distribution,
transportation, and storage of petroleum, coal, natural gas." Thus, it cannot be gainsaid that the DOE
possesses technical knowledge and special expertise with respect to practices in the transportation of oil
through pipelines.
Moreover, it is notable that the DOE did not only limit itself to the knowledge and proficiency available
within its offices, it has also rallied around the assistance of pertinent bureaus of the other administrative
agencies: the ITDI of the DOST, which is mandated to undertake technical services including standards,
analytical and calibration services; the MIRDC, also of the DOST, which is the sole government entity
directly supporting the metals and engineering industry; the EMB of the DENR, the agency mandated to
implement, among others, RA 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act
of 1990) and RA 9275 (Philippine Clean Water Act of 2004); and the BOD of the DPWH, which is
mandated to conduct, supervise, and review the technical design aspects of projects of government
agencies.

The specialized knowledge and expertise of the foregoing agencies must, therefore, be availed of
to arrive at a judicious decision on the propriety of allowing the immediate resumption of the WOPL's
operation. In a host of cases, this Court held that when the adjudication of a controversy requires the
resolution of issues within the expertise of an administrative body, such issues must be investigated and
resolved by the administrative body equipped with the specialized knowledge and the technical
expertise. Hence, the courts, although they may have jurisdiction and power to decide cases, can utilize
the findings and recommendations of the administrative agency on questions that demand "the exercise
of sound administrative discretion requiring the special knowledge, experience, and services of the
administrative tribunal to determine technical and intricate matters of fact."
Cynthia Villar vs reclamation

FROM THE STANDS - Domini M. Torrevillas (The Philippine Star) - October 22, 2013 -
12:00am

Senator Cynthia Villar has filed Senate Resolution 294 directing the Senate Committee on
Government Corporations and Public Enterprises to conduct an inquiry, in aid of legislation, with the
view to introduce reforms, revisions and amendments in the mandate, powers and responsibilities of
the Philippine Reclamation Authority (PRA).

Villar calls attention to the government’s National Reclamation Plan (NRP), made by PRA, which
will involve 102 projects or 38,000 hectares all over the country. Thirty eight of these reclamation
projects encompassing 26,234 hectares, will be implemented in the Manila Bay area alone — or 70
per cent of the entire NRP. This creates another Metro Manila along Manila Bay, she said in her
privilege speech delivered before her peers last week.

Villar has an ongoing petition (backed by the signatures of 315,849 residents of Las Pinas) vs. a Manila
Bay reclamation project. which would result in the reclamation of 635.14-hectares of Manila Bay,
around the 175-hectare Las Piñas-Parañaque Critical Habitat and Ecotourism Area or LPPCHEA,
which is a protected area by virtue of Proclamation Nos. 1412 and 1412-A and included in the Ramsar
list of wetlands of international importance, along with Tubbataha and the Palawan Underground River.
The said reclamation could affect 65 barangays in three cities (37 in Bacoor, 11 in Paranaque, and 17
in Las Pinas.

Villar elevated her petition to the Supreme Court to challenge the ruling of the Court of Appeals, which
favored the planned reclamation project in Manila Bay.

Besides the 38 reclamation projects in Manila, there are other big reclamation projects planned in
Cebu, Antique, Iloilo, Bohol, Negros Occidental, Aklan, Albay, Davao gulf, Leyte, and Cagayan.

Villar questions whether there was public consultation about the National Reclamation Plan, how the
projects under NRP were approved, and if environmental risks had been taken into consideration.

From the outset, this is a fight reminiscent of David and Goliath – of a legislator and communities vs.
Big Business who wants to reclaim big portions of Manila Bay and other coastal areas in the country
and convert them to huge, profit-making enterprises.

The idea of new cities rising from the sea seems nice and compelling, but a serious study of Senator
Villar’s resolution makes us rethink our position.

Villar cited the damage rendered by reclamation projects on multiple ecosystems, such as mangroves,
sea grass, coral reefs and intertidal zones and depletion of fish stocks. Also, scientists have declared
the subsiding of Manila Bay land due to reclamation.

She cited a Japan International Cooperation Agency (JICA) study which said that Metro Manila is
overdue to experience a catastrophic magnitude of 7.2 earthquake and the coastal areas to suffer the
most due to liquefaction (the reclaimed land reverts to a liquid state).

The question is, who gives the final go-signal for reclamation? The Philippine Reclamation Authority,
which she said, has a questionable legal basis.
The PRA was established on February 4, 1977 under President Marcos, to provide a coordinated,
economical and efficient administration of lands, especially reclaimed lands, that belong to, are
managed and/or operated by the government, with the object of maximizing their utilization and
hastening their development consistent with the public interest. Executive Order no 525 issued on Feb.
14, 1979, provides that all reclamation projects shall be approved by the President upon the
recommendation of PRA.

But PRA was given tremendous powers when President Gloria Macapagal-Arroyo issued Executive
Order 380 on Oct. 26, transforming PEA into the Philippine Reclamation Authority, and, on June 24,
2006, issued EO 543, delegating to PRA the power of the President to approve reclamation projects.

Subsequently, on Feb. 25, 2001, the PRA Board of Directors approved the National Reclamation Plan
under PRA Board Resolution No. 4161 covering a total of 102 reclamation projects over a total area of
38,272 hectares within Manila Bay, Visayas, Mindanao and other locations.

PRA’s NRP and the multiple issues attached to reclamation have gained so much alarm from
different sectors, Villar said. In a People’s Summit held in October 2012 attended by experts from
relevant fields, a call was made for a moratorium on reclamation projects under the NRP.

PRA’s NRP would result in the loss of one-tenth of our coastal and marine habitats, a scientist
reported to Villar. The reclamation projects could potentially translate to a loss of value of nearly P30
billion per year in seagrass and ecosystems alone.

Villar cited the “grandmother of all scams― — the PEA-AMARI deal , as a basis for a change in
PRA policies. The deal was signed April 25, 1995, which allowed AMARI, a private corporation to
develop the three reclaimed islands known as the “Freedom Islands― along the Las Pinas-
Parañaque portion of Manila Bay and includes the reclamation of additional hectares of submerged
areas surrounding the islands.

Upon investigation in aid of legislation, the Senate Blue Ribbon and the Senate Committee on
Government Corporations and Public Enterprises ruled that the joint venture was illegal because the
reclaimed lands that PEA sought to transfer to AMARI are lands of the public domain which the
government cannot alienate.

Any land reclamation, regardless of who initiates it (i.e. PRA, private sector, LGU), is considered
“unclassified public land― and therefore part of the public domain, which is now under the DENR,
Villar said.

Villar asks, why reclaim in the first place? Why not develop the blighted areas of the metropolis
instead? The amount to be used to reclaim instead of destroying ecosystems and driving reclaimed
lands to sell for sky high prices, could be used for inclusive development and urban renewal of Metro
Manila.

* * *

The prestigious Makati Garden Club, in collaboration with the Philippine Business for Social
Progress, will be auctioning, in addition to fabulous Christmas trees, precious art pieces donated by
prominent Filipino artists and painters. The art pieces are by National Artist in sculpture Napoleon
Abueva, and well-known painters Anita Magsaysay-Ho, Manuel Baldemor, Romulo Galicano, Ben
Cabrera, Elmer Borlongan, Edgar Doctor, and Jose Ignacio.
This year’s Festival of Trees continues MGC’s 17 year-old tradition of raising funds for
countless marginalized Filipinos. Past festivals raised a total of P65 million. This year, the target set at
P6.5 million, will go to a fund that will be ready any time, for use of victims of future disasters. MGC
member Josephine Gallego said at a press con, “We want to have funds even before a calamity
happens.―

Makati Garden Club is based at the corner of Ayala and EDSA, where lectures on horticulture and the
environment are held. It maintains plant nurseries, a flower shop, a boutique showcasing Ruby Diaz
Roa’s finely crafted fashion jewelry, a library, and Maria Luisa’s Garden room, a restaurant
owned by Sandra Fernandez.

PBSP was established in 1970 as the largest business-led social development organization committed
to poverty reduction.

This year’s FOT will be held on November 14, at 5:30 p.m. onwards, at the Jaguar/Land Rover
Showroom, 32nd and 4th Crescent Park West, Bonifacio Global City. At the showroom, patrons will be
treated to a first green social design fashion tableau, a project of sustainable lifestyle designer PJ
Aranador. Also to be auctioned are plane tickets to Japan, overnight accommodations at Sonya’s
Garden, MGC’s signature “mystery boxes,― jewelry by Ruby Diaz Roa, ethnic footwear and
accessories.

* * *
New energy in Asean

By Amado S. Tolentino, JR. November 25, 2017

LIKE many countries around the world, the members of the Association of Southeast Asian Nations
Asean) have realized that fossil fuels are outdated. They cause many problems, with serious impacts on
economics, global politics and the environment. Indeed, new approaches need to be taken and the
technologies for doing so are well understood and available.

Asean energy business forum

Asean is on the right track judging from the recent 2017 Asean Energy Business Forum and the
Powertrends international exhibition on directions for energy, power and electricity annually hosted by
our energy department. Both activities were held in conjunction with Asean@50 with the objective of
strengthening public-private partnership that could enhance the region’s energy sector towards common
target achievements.

Renewable energy (RE) technologies were tackled by Asean experts with detailed experiences and best
practices to the extent of, among others, the development and commercial maturity of battery storage
systems as “coupling technology” to variable renewable energy generations.

Surprising is the availability of Asean member state companies with flagship projects on power
generation, transmission and distribution. Services offered range from solar streetlights to solar pumping
installation for household water system and irrigation system to off-grid PV solar systems for areas with
no access to a stable power source.

In short, from connection to grid areas, the lack of access to energy in off-grid areas is now possible in
the region. In the latter instance, offer is for both hybrid and off-grid systems designed with battery
inverters and an assortment of storage types all designed to match the needs of the end user. Of all
renewable sources available, solar is the most attractive alternative due to the abundance of sunlight in
Southeast Asia.

Philippine RE projects

In the Philippines alone, RE projects worth a total of P35.4 billion, expected to help address the power
demands of the government’s “Build Build Build” program, have been approved by the Board of
Investments (BOI). Some of the projects are the Currimao-Talisay (Camarines Norte) project and the
Talim (Rizal)-Calatagan (Batangas) projects which involve wind power and the San Jose City (Nueva
Ecija) power plant that will use rice husk, a feedstock.

According to data from the BOI, renewable energy plants (geothermal, hydro, wind, biomass and solar)
accounted for 7038 MW of installed capacity in the country as of June this year, about a third of the
national capacity of 21,621 MW.

Since the ongoing infrastructure program involves construction and modernization of airports, and the
laying out of more roads, railroads and transport networks all over the country, demand for power
continues to go up.
The Philippine private sector is active too in renewable energy projects. A progressive Filipino
businessman is into an 800 MW hydropower plant project in Pangil, Laguna. At one time, the solar farm
built by Gregorio Araneta Inc. with partner Soleq, one of Southeast Asia’s largest solar independent
producers, was No. 1 in the Asean region. SM Supermalls, on the other hand, will install electric charging
stations for electric vehicles with the first outlets in some malls to go online by February 2018.

RE infrastructure vis-à-vis migratory species and their habitats

The race is on. Which Asean country could be the first to be completely powered by renewable energy?
In the past three years, the share of renewable energy in the Asean power mix has already risen to an
appreciable degree due mainly to the fast-paced solar and wind power use. A target of 100 percent is
ambitious but the governments are determined to achieve at least 50 percent sometime after three
decades or so. In fact, the Asean landscape is ever changing with some inland areas abloom with solar
panels and wind turbines in strong windswept coastal zones.

Be that as it may, the requirement of numerous pylons and cables to transmit energy from renewable
sources should be approached with caution because of detrimental effects on wildlife habitats and
migration routes of bird species. One solution in use in Spain is the “shut-off on demand” technique
requiring turbines to be deactivated during the most sensitive time for wildlife, such as the migration
season or during periods with low wind speeds. It was also revealed that as the turbines are also at their
least productive during such times, the amount of electricity lost is insignificant.

Indeed, designing the location, route and direction of power lines based on national zoning maps or land
use codes avoiding, where possible, waterbird habitats, protected areas (usually wetlands of importance
to migratory birds, e.g. tidal flats, marshes, etc.) and other critical areas is now a paramount concern in
the management of migratory species and their habitats.

And what is the significance of renewable energy infrastructure vis-à-vis migratory species? Expanding
infrastructure threatens birds and their habitats. Migratory species play a major role in the conservation
of resources. They act as pollinators and seed dispensers, helping safeguard biodiversity which benefits
food security for people. They regulate the balance of ecosystems by hunting their prey along their
migration routes. They are also a source of revenue for many communities. Yet, fatal collision of birds
with electricity power lines is most common. The magnitude of bird-power grid conflict is still poorly
understood in many countries, including those in the East Asia-Australasia Flyway.

Due to its location in the Pacific and by the South China Sea, Asean countries, except for landlocked
Laos, have excellent conditions for solar and wind power generation. With an estimated 350 days of
sunshine and varying year-round wind speeds which, if effectively harnessed, could very well provide the
needed energy, it is safe to conclude that the target could be reached, taking into account environmental
considerations.

Global alliance to phase out coal

It should also be mentioned that at the UN climate change conference 2017 in Bonn (Germany), an
alliance of 27 countries and states pledged to phase out coal-fired electricity by 2030 and end all domestic
and international investment in coal in favor of renewable energy use. Called “Powering Past Coal
Alliance,” it aims at accelerating clean growth and achieving rapid phase-out of traditional coal power.
Among the initial members are Austria, Costa Rica, France, New Zealand, United Kingdom, Finland,
Mexico, El Salvador as well as five Canadian provinces and the US states of Washington and Oregon.
The alliance also brings together a wide range of businesses and civil society organizations that have
united for climate protection. It intends to expand to more than 50 members by the next UN climate
conference in Poland in 2018.
According to the International Energy Agency, coal-fired power plants produce almost 40 percent of
global electricity, making carbon pollution from coal a leading contributor to climate change. All burning
of coal causes severe respiratory disease and has many other damaging health effects, in addition to
being a driver of climate change.

With all renewable plants—hydro, geothermal, biomass, solar and wind around—would wave power or
underwater current energy not be far behind in the Asean?
Seeking fresh water in times of climate change crisis

By Amado S. Tolentino, JR.

April 29, 2016

“Water is a far more pressing problem than climate change. Even if climate wouldn’t change, we have a
water problem and this water problem is much more urgent….” - Peter Brabeck

AT the dawn of the 21st century, it was touted that 2001 marks the first year of the century of water.
The idea, however, was overtaken by dramatic changes in climate throughout the world that many
thought climate is the biggest problem and nothing else matters. Thus, in the meantime, the looming
global water shortage got far less attention than global warming.

According to the United Nations, one reason water receives less attention is that unlike global warming,
there is no such thing as a global water crisis. Instead, there are a series of regional predicaments in a
world where the distribution of water is so lopsided that 60 percent of it is found in just nine countries
including Brazil, the US and Canada.

As a chemical compound, nothing could be simpler than water. Two atoms of hydrogen joined to one of
oxygen equals water. And, there is no shortage of water on planet Earth, which is covered by water but
more than 97 percent is salty. The shortage is of fresh water to grow crops, drinking and sanitation
water for households and to cool power plants.
In the past, military conflict over water rights was a grave national security issue between some
countries: Ethiopia and Egypt over the Nile; Botswana and Namibia over the Okavango; Israel,
Palestine and Jordan over the Jordan River, to mention a few.

Water from rivers in those countries cross political boundaries with the concomitant boundary issue. Be
that as it may, the situation created a natural interdependence between countries in sharing the water
resource, drawing people to work together on the water availability aspect even when countries were
officially at war.

Perhaps, “water wars” were averted at that time due to the changing perception of the concept of
permanent sovereignty over natural resources in favor of functional sovereignty or equitable utilization
of transboundary shared resources. But in the light of the recent changed political and security
environment, could peaceful negotiation over water issues still hold on for a much longer time?

Figure out the following: (i) China’s damming the source of water of the Mekong River has sparked
serious concern among countries downstream namely Myanmar, Thailand, Laos, Cambodia and
Vietnam; (ii) India, China and Pakistan see rising tensions over shared water resources to boost
production to keep up with their huge and expanding populations; (iii) A growing sense of alarm in
Central Asia over the prospect that poor but glacier-heavy nations (Tajikistan, Kyrgyzstan) may one day
restrict the flow of water to their parched but oil-rich neighbors (Uzbekistan, Kazakhstan and
Turkmenistan); (iv) Ultimate peace between Pakistan and India may hinge as much on water as on
nuclear weapons for the two countries must share the glacier-dependent Indus.

The limited supply of freshwater must meet the needs of a human population that has tripled in the last
century and continues to grow at almost 80 million every year. Right now, there is a torrent of water-
related news concerning the dry spell brought about by the drought effect of El Niño, the declaration of
state of calamity in specified areas due to lack of adequate water supply and a decline in agricultural
production on account of scarcity of water for agriculture.

Based on numerous studies, including those done by the Japan International Cooperation Agency
(JICA) and confirmed by a UNICEF-WHO report, 8.4 million Filipinos have no access to clean drinking
water. The major reason for freshwater scarcity in the Philippines is pollution from industries,
households, tourism sites and agricultural areas. Industries use a wide range of chemicals, many of
which are highly toxic and find their way to natural water systems. Wastewater from households follow
the same route to natural water channels like run-offs of agricultural chemicals such as fertilizers and
pesticides.

A UNDP report further mentioned that the Metro Manila main underground aquifer is so over pumped
that groundwater levels have considerably dropped to critical levels. This has induced saline water to
encroach into coastal zones and threaten Marikina Valley and places along the Laguna Lake region.
Once again, water rationing plans are on board in Metro manila.

Even the Rainwater Collection Facilities and Spring Water Protection Law (1989), which mandates
construction of water wells, rainwater collectors, development of springs, rehabilitation of existing water
wells in all barangays in the Philippines, remains in the books, largely unimplemented.

The solution to water scarcity is largely in the hands of governments because it requires policies such
as better and effective regulation of groundwater, irrigation and more intelligent use of wastewater.
Among Asean countries, Thailand adopted a policy to minimize use of water by not growing off-season
rice as a response to the gravity of the drought situation. Water has to be conserved for household
consumption. Farmers switched to drought-resistant crops such as beans or raising livestock. Others
resorted to raising poultry or farming shallow-water fish in baskets. Many rice farmers have also joined
government-sponsored employment schemes such as working on irrigation canal dredging projects,
which generate more than 40,000 jobs nationwide.

With the recent formal signing at the UN Headquarters in New York by 171 countries of the Paris
Agreement on reduction of greenhouse gas emission, water scarcity has “come of age” as a forefront
issue. As countries actively pursue major actions like a shift to renewable energy sources (solar, wind,
biomass, hydropower, etc.) to stop the devastating impacts of climate change, it is now the time for
action to set the pathway that will lead to a far-reaching effort to meet the challenges posed by the most
precious but finite resource on Earth – fresh water.

Ambassador Amado Tolentino, Jr. continues with his engagement as a member of the Asociacion
Internacional de Derecho de Aguas (Rome).
Looming water wars?

By Amado S. Tolentino, JR.

May 11, 2019

WATER wars seem to be inevitable as a consequence of climate change which brings about major
global challenges — loss of water resources due to deforestation, expansion of agriculture and urban
growth; warmer temperature causing desertification and inadequate food supply; drought sparked
conflicts over water supply as downriver inhabitants safeguard their share. All these could undermine a
country’s capacity to carry out its function of providing security to its people.

The security implications of the earth’s environmental degradation are forcing governments and
militaries to review their long- term defense strategies. Defense planning is increasingly being shaped
by climate and resource considerations.

Security implications of severe climate change include, but is not limited to: a) huge movements of
people from uninhabitable areas because of non-availability of water; b) conflicts over basic resources
like water and food exacerbating water scarcity and increase in food costs and food shortage; c)
intermittent energy production and disruption of transportation of goods of varying lengths and
magnitudes; and d) intensified heat waves presenting challenges to outdoor military training and
personnel efficiency.

There is, therefore, a need to strengthen military capabilities in anticipation of impending climate wars
— resource war (oil and minerals); migratory wars (climate refugees and asylum seekers out of mass
migration to avoid terrorist attacks and armed conflict); and water wars (diminished water for agriculture
and water supply shortage for domestic use).

In the past, military conflict over water rights was a grave national security issue between and among
countries: Ethiopia and Egypt over the Nile; Botswana and Namibia over the Okavango; Israel,
Palestine and Jordan over the Jordan River, to name a few.

Water from rivers in those countries cross political boundaries with the concomitant boundary issue. Be
that as it may, the situation created a natural interdependence between countries in sharing the water
resource, drawing the people to work together on the water availability aspect even when the countries
were officially at war.

Perhaps, water wars were averted that time due to the changing perception of the concept of
permanent sovereignty over natural resources in favor of functional sovereignty, or equitable utilization
of transboundary shared resources. But in light of the recent changed political and security
environment, could peaceful negotiation over water issues still hold on for a much longer time?

Asia. Figure out the following: (a) China’s damming the source of water of the Mekong River has
sparked serious concern among Southeast Asian countries downstream namely, Myanmar, Thailand,
Lao PDR, Cambodia and Vietnam; (b) India, China and Pakistan see rising tensions over shared water
resources to boost production to keep up with their huge and expanding populations; (c) A growing
sense of alarm over the prospect that poor but glacier-heavy nations in Central Asia (Tajikistan,
Kyrgyzstan) may one day restrict the flow of water to their parched but oil-rich neighbors (Uzbekistan,
Kazakhstan and Turkmenistan); (d) In South Asia, ultimate peace between Pakistan and India may
hinge as much on water as on nuclear weapons for the two countries must share the glacier-dependent
Indus.

In addition, environmental proposals/developments with political undertones at this point in time are
worth noting.

Middle East. In 2016, Eco-Peace, a joint Israeli, Jordanian and Palestinian NGO presented an
ambitious proposal to develop renewable energy using solar power in the region. The proposal is a $30
billion plan to build a number of desalination plants on the Mediterranean shore of Israel and the Gaza
Strip. At the same time, large areas of Jordan’s eastern desert would host a 200-sq km solar energy
plant which would provide power for desalination (and for Jordan) in exchange for water from the coast.
The rapid increase in the population of Jordan, by the way, caused by refugees from Syria and Iraq is
aggravating the water shortage and leading to further political instability.

Although Israel already supplies most of the Palestinian Authority’s electricity, and pipes water from the
Sea of Galilee to Jordan, many Arab countries have signed up to boycotts that prohibit them from
connecting Israel to their power grids. But aside from political obstacles, the main drawback to making
fresh water from the sea is that it takes a lot of energy aside from the fact that similar grand designs in
the past foundered on the rocks of reality. Furthermore, a tense political situation recently resurfaced in
the region.

North Africa. Egypt, Sudan and Ethiopia are the three main beneficiaries of the water that flows through
the Nile River. The river provides nearly all of Egypt’s water. It claims two/thirds of the flow based on a
treaty it signed with Sudan in 1959. But the rate is no longer enough to satisfy Egypt’s growing
population and sustain the water needs of its agricultural crops.

Egypt wanted to stop the largest hydroelectric project in Africa under construction by Ethiopia despite
the fact it signed a declaration along with Sudan and Ethiopia that tacitly consents to the dam
construction as long as there is no “significant harm” to downstream countries. To date, “significant
harm” remains undefined.

Mistrust hangs over the dam’s ultimate use. Ethiopia insists it will only produce power but Egypt fears it
will be used for agriculture, cutting downstream supply. Sudan on the other hand, will receive some
power produced by the dam. By stabilizing the Nile’s flow, it will also allow Sudan to prevent flooding,
conserve more water and increase agricultural output.

Referred to as Ethiopia’s Renaissance Dam, it is the latest test of the three countries’ willingness to
share water. Difficulties include Ethiopia’s plan to build other dams on the river which could further
affect downstream supply. Sudan has promised investors an abundance of water for irrigation. Egypt
feels it is now at the mercy of its neighbors vis-à-vis the water from the Nile.

Supposed to be completed in 2017, the completion of the mostly self-funded $4.8-billion dam will be
delayed to 2022. In the meantime, the potential impacts of Ethiopia’s Renaissance Dam have been the
source of regional controversy and discord.

New course to steer: Wetlands in the legal agenda for disaster resilience
Bedan Review 2019
Pope Francis vis-à-vis earth stewards

By Amado S. Tolentino, JR.

August 8, 2015

“The earth does not belong to man. Man belongs to the earth …. This we know: Whatever befalls the
earth befalls the sons of the earth. Man did not weave the web of life: he is merely a strand in it …..”
Chief Seattle

AT long last, the Vatican released to the expectant world Pope Francis’ environment encyclical
“Laudato Si.” Encyclicals are considered the most authoritative document a Pope can issue. This one is
about the dire effects of environmental degradation especially on the poor and urges the world to take
action on moral grounds.

The encyclical could at best be described as the Pope’s lament and call to action for the earth’s
protection and sustainability. It links environmental degradation with economic and social justice aiming
to connect environment very tightly to the Church’s social teaching to give preferential treatment to the
poor.

No one has written an encyclical focused on the environment before. For analysts, this could be traced
to the Pope’s Jesuit formation which reinforces the idea “that we are stewards of God’s creation and
that God is somehow present in all of creation.” Therefore, we have a duty to look after the earth
responsibly. In that regard, Pope Francis should be credited for having added the religious/moral
dimension to an otherwise purely scientific, political, and economic issue and concern.

Before the launch of “Laudato Si,” the Pope addressed a local group of grassroots organizers in Rome
saying that an economic system centered only on money would “….plunder nature to sustain frenetic
levels of consumption. Climate change, the loss of biodiversity, deforestation are already showing their
devastating effects…from which you, the humble, suffer the most.”

Critics of the Pope’s message against the unbridled pursuit of profits by businessmen, however, say
that the free market, far from being the source of inequality is the great engine that will pull the world’s
poor out of misery.

While the Pope’s devotion to nature has a theological basis it also has an ethical component based on
who, in particular, is responsible for environmental problems. But more than the issue of who is
responsible is the dispute over the idea that population control and contraception are the solutions to
the planet’s limited resources rather than curve the consumerist, wasteful behavior of the rich and the
privileged.

Be that as it may, the encyclical emphasizes that man is part of God’s creation and therefore entitled to
protection.

Pope Francis has won much admiration for his humility and reputation as a truth-teller who speaks
simply and plainly. He is the leader of a world-wide institution with 1.2 billion members with no political
interests to protect and no reelection campaign to wage. Indeed, he is well positioned to win a debate
on the issue of how to steward the Earth.
But will the encyclical make an impact on Catholics worldwide who did not pay attention to the
environmental issues before?

No religion in the world could be identified as against protection of the environment from the effects of
climate change. Buddhism is known to respect and hold sacred anything that has life – trees, species of
fauna, etc. “In Islam, man is Al Khalifa (The Steward). His role on earth is to act as God’s steward, and
trustee of the bounties of the earth.” Even faith-based organizations like the Evangelicals and Baptist
faiths have been exceptional leaders working on climate change.

Hopefully, Pope Francis’ “Laudato Si” would lead to a united inter-faith response to make a case for
climate change and urge everyone to take action on moral grounds. After all, we are the Earth’s
Stewards.

*Ambassador Amado Tolentino lectures at San Beda Alabang School of Law and continues to write
about environmental issues.