SC issues writ of kalikasan, orders CA to look into plea vs. Zambales mining ops

The Supreme Court on Tuesday issued a writ of kalikasan and ordered the Court of Appeals (CA) to look into a petition against mining operations in Zambales province.

At a media briefing, SC Public Information Office chief and spokesman Theodore Te said the high court referred the petition filed by the Concerned Citizens of Sta. Cruz, Zambales (CCOS) to the CA "to receive the appropriate pleadings and conduct hearings thereon."

"The Court found the petition sufficient in form and substance to merit the issuance of the writ of kalikasan," said the tribunal in a full court session.

A writ of kalikasan is a legal remedy that provides for the protection of one's right to “a balanced and healthful ecology in accord with the rhythm and harmony of nature,” as provided for in Section 16, Article II of the 1987 Philippine Constitution.

The SC ordered Department of Environment and Natural Resources Secretary Ramon Paje and other respondents in the petition to file their respective verified return before the CA within 10 days from receipt of the order.

A verified return of writ is similar to an answer of the respondents to the petition. Subsequent hearing of the CA could then lead to a judgment that may constitute granting of the “privilege” of a writ of kalikasan. 

In its petition, the CCOS opposed mining operations of five mining companies, namely, Benguet Corp Nickel Mines Inc, Eramen Minerals Inc, LNL Archipelago Minerals Inc, Zambales Diversified Metals Corp, and Shangfil Mining and Trading Corp.

The petitioners claimed the mining activities are destroying the irrigiation system and the ecosystem in Sta. Cruz, Zambales and its neighboring municipality of Candelaria, Zambales, extending up to Infanta, Pangasinan.

The mining operations, they said, are causing water, air, and soil pollution, as well as heavy laterite siltation of river systems, coast, farmlands, fishponds and residential areas.

Forest denudation caused by mining also could result in soil erosion and could exacerbate flood problems, the petitioners said. The livelihood of residents is likewise adversely affected, they added. — RSJ, GMA News