SC orders CA to look into plea vs. mining firm's ops in Zambales

The Supreme Court has ordered the Court of Appeals to look into a petition seeking to stop a mining firm from supposeldy cutting trees and leveling a mountain in Zambales.

At a press briefing Tuesday, SC Public Information Office chief Theodore Te said the high court issued a writ of kalikasan and directed respondents in the case to make a verified return of writ.

Te had earlier explained that 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.

Among the respondents are the DMCI Holdings Inc, DMCI Mining Corp, the Department of Environment and Natural Resources, the DENR-Environmental Management Bureau Region 3, and the Philippine Ports Authority.

“The court referred the case to the Court of Appeals for acceptance of the return of the writ and for hearing, reception of evidence and rendition of judgment,” said Te.

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.

In its petition, Agham party-list said the SC should issue a temporary environmental protection order to stop DMCI operations in Bolitoc, Sta. Cruz town in Zambales.

The group alleged that the firm's operations were causing “massive environmental destruction and damage in Sta. Cruz, Zambales and the nearby towns of Zambales and Pangasinan.”

The group cited a geohazard map from the Philippine Information Agency to emphasize that the mountain allegedly being leveled in Bolitoc protects the town's flood- and landslide-prone communities against coastal water swells and surges.

The group also asked the high court to issue a production order to compel DMCI Holdings Inc. to produce documents to show its authority and permission to cut down trees and level the mountain.

DMCI Holdings Inc. president Isidro Consunji earlier told GMA News Online that they have been operating in the area for more than four years. — Mark Merueñas/KBK, GMA News