Worldwide environmental disturbances

Fidel D. Banzon

Recently, Congressman Palmones filed an application for Temporary Environmental Protection Order under the Writ of Kalikasan before the Supreme Court (SC).

It was granted by the SC and ordered the Court of Appeals (CA) to accept the writ, hear, receive evidence and render judgment. It is docketed as G.R. No. 201918, Agham Party List v. LNL Archipelago Minerals, Inc, June 13, 2012.

The SC ordered LNL Archipelago Minerals Inc., Secretary Ramon Jesus Paje, of Department of Environment and Natural Resources (DENR), General Manager Juan Sta. Ana of Philippine Ports Authority, and Police Senior Superintendent Francisco Santiago to answer the charges.

It is a breakthrough for environmental activist to stop miners and loggers, as well as other businesspersons in the rampant cutting of trees and leveling the mountain ranges. The residents of Barangay Bolitoc, Sta. Cruz, Zambales, are fortunate to have a representative in Congress who has the will to protect the unborn babies.

The Rules of Procedure for Environmental Cases, A.M. No. 09-6-8-SC, effective April 29, 2010, Rule 7 provides:
“SECTION 1. Nature of the writ.—The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

“SEC. 3. Where to file.—The petition shall be filed with the Supreme Court or with any of the stations of the Court of Appeals.

“SEC. 4. No docket fees.—The petitioner shall be exempt from the payment of docket fees.”

The Rules was promulgated during the incumbency of Chief Justice Reynato Puno, dubbed as “judicial environmental activist” who took the fearless move to protect the environment. It is a daring act, because persons involved for robbing the unborn babies of their future are protected by politicians, military and few members of the DENR, who used their positions to receive big sums of soiled money in the destruction of the natural resources.

Preservation of environment is intergenerational responsibility. It is not only a responsibility of government officials but by all Filipinos who should be environmental activist to prevent further destruction of mother earth.

The Writ of Kalikasan springs from the 1987 Constitution, Article II, Section 16 on the Declaration of Principles and State Policies that: “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.”

Hence, in the Writ of Kalikasan, Rule 7, Section 15, the reliefs that may be granted are:

“a) Direct respondent to permanently cease and desist from committing acts or neglecting the performance of a duty in violation of environmental laws resulting in environmental destruction or damage;

“b) Direct respondent public official, government agency, private person or entity to protect preserve, rehabilitate or restore the environment;

“c) Direct respondent public official, government agency, private person or entity to monitor strict compliance with the decision and orders of the court;

“d) Direct the respondent public official, government agency, or private person or entity to make periodic reports on the execution of the final judgment; and

“e) 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, except award of damages to individual petitioners.”

In another development some 40 governors are set to challenge the Aquino administration’s mining policy before the SC, as soon as, President Benigno Simeon Aquino III signed the executive order. In an article of Philippine Daily Inquirer, June 25 issue, entitled “Governors brace for court battle over executive order on mining”, Albay Governor Joey Salceda said that local government officials were opposing the mining policy of the president, because it “‘breed inequality of income and assets’ and would ‘destroy the countryside.’”

It is not an opposition for totally stopping mining, but partially due to “at least 40 provinces had passed ordinances that restrict or regulate or oppose mining, especially metallic mining and large-scale mining.”

Governor Salceda cited RapuRapu Polymetallic Project in the province of Albay only received P3.4 million from the company’s revenues from its P7.7 billion earnings. He reasoned that the mining policy fails the intergenerational sharing of resources. He wants the revenues raised could be invested for the benefit of at least three generation after them.

What will happen after the three generation passed? What is the future of the unborn babies of the fourth generation?

The result of the destruction of mother earth is not confined in the Philippines. It is throughout the world. To allow cutting trees and leveling the mountains is mankind moving to global destruction, if, the true God does not intervene as He promised in the Book of Revelation that He will destroy those ruining the earth. Indeed, Philippines need more of the kind of Congressman Palmones to lead the protection and prevention of the environment. (Feedback welcome, g_duna@yahoo.com)

By: Fidel D. Banzon

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Posted by lsde on Jun 29 2012. Filed under Opinion, Ormoc Upside Down. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.