The Supreme Court yesterday issued a protection order which compelled the government to protect, preserve, and rehabilitate the marine environment in the West Philippine Sea.
During a special en banc session, the SC granted the petition for the issuance of a Writ of Kalikasan sought by a group of fishermen represented by the Integrated Bar of the Philippines and Free Legal Assistance Group.
The petitioners sought the Writ of Kalikasan over the Scarborough Shoal or Panatag Shoal, Ayungin Shoal, and Mischief or Panganiban Reef.
“The Court granted the prayer for the issuance of a Writ of Kalikasan by petitioners Monico A. Abogado, et al., to prevent violations of Philippine environmental laws in the Philippine waters and in the Philippine Exclusive Economic Zone in the above areas,” an SC statement said.
The petitioners are members of the Kalayaan Palawan Farmers and Fisherfolk Association who are members of the fisherfolk community in Kalayaan, Palawan, while the others are residents of Sitio Kinabukasa, Cawag, Zambales.
Panatag Shoal is in Masinloc, Zambales, while Ayungin Shoal and Panganiban Reef are located in Kalayaan, Palawan.
“Petitioners alleged that the government’s inaction of as to the activities of the Chinese in the contested areas of the West Philippine Sea were in violation of the Convention on International Trade in Endangered Species of Wild Flora and Fauna, the Philippine Fisheries Code, and Presidential Decree No. 1586, or Establishing the Environmental Impact Statement System in the Philippines,” the SC noted.
The petitioners named as respondents Department of Environment and Natural Resources Secretary Roy A. Cimatu; Department of Agriculture Secretary Emmanuel Piñol; Bureau of Fisheries and Aquatic Resources National Director Eduardo B. Gongona; Philippine Navy Flag-Officer-in-Command Vice Admiral Robert Empdrad; Philippine Coast Guard commandant Admiral Elson E. Hermogino; Philippine National Police chief Police Gen. Oscar Albayalde; PNP Maritime Group director Police Brig. Gen. Rodelio B. Jocson; and Department of Justice Secretary Menardo I. Guevarra.
In their petition, the petitioners alleged the “respondents have failed to perform their duties as mandated by various environmental laws and regulations.”
“Chinese fishermen harvested, endangered, and threatened species, and used cyanide and explosives in their fishing… The marine environment and resources in the abovementioned areas were damaged severely and extensively in spite of adequate Philippine laws to protect them. Clearly, the damage is brought upon by lack of enforcement of Philippine environmental laws by respondents,” they stated. (Jeffrey Damicog)
