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CALL FOR PROPOSALS: Environmental Defense (EnDefense) Program 2015

Posted on July 9, 2015

ENVIRONMENTAL DEFENSE (EnDefense) PROGRAM

Call for Proposals (2015)

 

The Alternative Law Groups, Inc. (ALG) invites qualified organizations to submit project proposals for Regular Grants under the Environmental Defense Program (EnDefense).

The EnDefense Program is a funding mechanism for litigation and related legal actions that seek to protect the country's environment and natural resources. The program is part of the agreement between the Foundation for the Philippine Environment (FPE) and the Philippine Tropical Forest Conservation Foundation (PTFCF) to facilitate collaboration between them and their partners in areas of mutual interest in the Philippines, and to make available resources for projects that they will co-finance. The Alternative Law Groups (ALG) acts as the Administrator of the EnDefense Program.

Now on its fourth phase, the EnDefense Program supports cases that have a direct link to, or impact on, environmental conservation and protection. The program supports cases that pursue legal sanctions against environmental law violators, and those that seek to question, or defend, the constitutionality or validity of laws and policy issuance that affect the rights of communities, or that have a significant impact on environmental protection.

 

Proponent Criteria

1. The following are qualified proponents:

• A Filipino legal-resource non-government organization (NGO) with a developmental legal program (whether or not a member of the Alternative Law Groups, Inc. [ALG]);
• A Filipino non-government organization or people’s organization (PO) working in partnership with a lawyer, law office or legal resource NGO (the EnDefense Program Administrator can help identify a lawyer or lawyers for organizations that are planning to submit proposals but have not yet engaged the services of a lawyer).

2. Proponents should have the following qualifications:

• Has juridical personality, registered with the Securities and Exchange Commission (SEC) or other government registration or accreditation body (if the organization is not registered with any government office, a duly registered organization may act as co-proponent of the project);
• Has been operating for at least three (3) years before the submission of the proposal (an organization that will not qualify because of the absence of the three-year track record may still submit a proposal, provided that another organization that meets the track record requirement will act as co-proponent of the project).

 

Cases/Activities Covered

1. The following cases shall be eligible for funding support:

• Community cases. These are legal interventions that seek to (1) assert a community’s environmental rights; (2) pursue legal sanctions against environmental law violators; (3) protect a community and its members, or government enforcers, from SLAPP suits (Strategic Lawsuits Against Public Participation) or harassment suits; and (4) remedy violations of human rights related to environmental protection.
• Policy Challenges. These are legal actions that seek to: (1) question, or defend, the constitutionality or validity of a law or ordinance, executive order, or any policy issuance that affects the rights of communities, or that has a significant impact on environmental protection; and (2) compel government agencies to issue policy instruments that promote forest and natural resources conservation, and environmental rights.

These legal actions may be filed or pursued in courts, quasi-judicial bodies, administrative offices, or indigenous justice mechanisms.

2. General criteria for cases

A. Community cases

• Direct link to or impact on environmental conservation and protection;
• Presence of a community, aware and assertive of its rights and the rights of its members, but with a limited capacity to shoulder the costs of litigation, whether as complainants/plaintiffs or as respondents/defendants;
• If the case is in defense of a government enforcer, a person or an organization of known probity and integrity must vouch for the character of the officer, and such favorable endorsement must be submitted together with the proposal;

B. Policy challenges

• Direct link to or impact on environmental conservation and protection;
• Action will improve compliance with environmental laws, rules and regulations, and policies, and/or promote transparent and participatory resource management;

The program shall not support cases that promote inter-sectoral conflict between/among marginalized groups, or cases that unduly persecute or victimize members or leaders of poor and marginalized communities.

3. The following activities shall be eligible for funding support under the program:

• Direct Litigation Activities – activities directly related to litigation of eligible cases, including, preparation of pleadings and other legal documents, and actual appearance in court, quasi-judicial or administrative proceedings;
• Related Non-direct Litigation Activities – activities that are not direct litigation activities but are related to the handling of eligible cases, including, legal clinics, case conferences, consultation sessions, and evidence gathering;
• Support Activities – activities that are in support of the litigation, such as press conferences, public fora, and mobilizations for court hearings.

 

Funding Support

1. Amount of Funding Support

The funding support that can be given under a Regular Grant shall be based on actual projected costs for the eligible activity/ies, but not more than TWO HUNDRED THOUSAND pesos (P200,000.00) for every case (or set of consolidated cases, in the event that several cases or counts are consolidated as one case). Except for justified reasons, this amount shall be considered as the only funding support of the EnDefense program for the case, until its final resolution.

As a general rule, cases at the trial court level may receive up to a maximum amount of TWO HUNDRED THOUSAND pesos (P200,000.00), while cases at the appellate level (on appeal) may receive up to a maximum amount of ONE HUNDRED FIFTY THOUSAND pesos (P150,000.00). Simple cases that are not expected to undergo full-blown trial or prolonged litigation (such as administrative cases) may be supported up to a maximum of ONE HUNDRED THOUSAND pesos (P100,000.00).

Proponents may receive support for more than one case, but in no case will a proponent organization receive more than FOUR HUNDRED THOUSAND Pesos (P400,000.00) within each EnDefense program year. A legal-resource NGO may be the handling lawyer/counsel of two or more cases that are supported by the program regardless of the amount of funding support, but if a legal-resource NGO acts as the proponent organization, it shall be covered by the limitation on the maximum amount of grant funds that can be given to proponent organizations.

2. Eligible Costs and Cost Limits

The costs of direct lawyers’ fees, acceptance fees, legal fees, professional services, and other fees for the legal service, shall not exceed forty percent (40%) of the total grant.

The costs for Support Activities (such as press conferences, public fora, and mobilizations for court hearings) shall not exceed twenty five percent (25%) of the total grant.

The grant funds shall not be used for the payment of salaries and personnel benefits, or for administrative costs such as expenses for rent, utilities, and other overhead expenses.

The proponent shall be required to shoulder at least twenty five percent (25%) of the total project cost as counterpart funding. The total project cost is the sum of the EnDefense grant and the proponents’ counterpart funds.

 

Requirements for Proposals

The following requirements shall be submitted together with the proposal: (Please follow the prescribed format for proposals, annexes to the Guidelines for Proposals. To download formats, visit the ALG website: www.alternativelawgroups.ph)

1. Case brief – identifying the facts, parties, issues, impact on environmental protection, venue, and other basic details of the case. The proposal shall include a description of previous or planned efforts for alternative dispute resolution mechanisms.
2. Timeline/case plan – describing the projected status of the case within a given period, activities outside trial, and target results. (Case Plan Form)
3. Registration papers/profile of the proponent. (Organizational Profile Form)
4. If the proponent is not a legal-resource NGO, identification of the lawyer who will handle the case, and his/her profile or curriculum vitae. (In case the proponent is not a legal-resource NGO, the proponent shall submit a retainership agreement with the lawyer or legal-resource NGO upon approval of the grant.)

 

Deadline for Proposals

Proposals may be submitted through e-mail or regular mail, and should be received by the Program Administrator on or before the 7th of August 2015. After this regular round of proposal processing, proposals may still be submitted, but the processing and approval of such proposals shall be subject to the remaining available funds.

Proposals should be sent through e-mail to:

or through regular mail to:

 

Additional Information

For more information, visit the ALG website, www.alternativelawgroups.ph

For inquiries, please contact us: