SC justice to petitioners in West PHL Sea kalikasan case: Why not sue Aquino admin too?

A Supreme Court justice on Tuesday asked the lawyers accusing the government of failing to enforce local laws over the West Philippine Sea why they did not sue officials of the previous administration in connection with environmental offenses committed during their term.

During oral arguments, Associate Justice Francis Jardeleza asked human rights lawyer Chel Diokno why the Palawan fishermen he represents did not implead Aquino administration officials when the incidents they referred to occurred from 2012 to 2014.

Diokno said the previous officials are no longer in office, and that the respondents in their case -- incumbent officials -- were "sued in the public capacity as heads of the respective agencies."

"The omission or violations that were committed as alleged in the petition should have been the subject of some sort of action at the very least by the government -- if not by the past administration then by those who succeeded them," the lawyer said.

Fishermen from Palawan have asked the High Court to issue a writ of kalikasan for the protection of the marine environment in Scarborough Shoal, Ayungin Shoal and Panganiban Reef.

Citing evidence the Philippine government submitted to an international tribunal, they said Chinese fishermen have harvested endangered species and used cyanide in the area, incidents that occurred in 2012, 2013, and 2014, before the Duterte government assumed office.

Diokno said even the Aquino administration, which brought China to court and won in 2016, also failed to prosecute the individuals responsible for the environmental offenses.

For his part, Associate Justice Ramon Paul Hernando suggested that since the  petition appears to intend to make previous officials liable, those responsible would include even a member of the Court: Associate Justice Alfredo Benjamin Caguioa, who used to be an acting secretary of the Department of Justice.

"That is not our prayer," lawyer Andre Palacios said.

"But theoretically that is what's going to happen, isn't it. Because you are alleging continuing negligence or omission not just by officials in the current administration but even those who sat in the Aquino administration," Hernando said.

"That's where political color comes into play in all these proceedings, counsel, which is why it's very important that we determine the evidence here based on facts," he added.

Asking for the impossible?

Caguioa, an Aquino appointee, himself questioned the petition's intention.

"Are you not asking for the impossible?" Caguioa asked Palacios, who said they would be satisfied if the government arrested, prosecuted, and imprisoned the Chinese fishermen who violated Philippine laws. "2012, 2013, 2015, for these vessels that may no longer be there, and you cannot even certify as a fact that there are still there. Are you not asking for the impossible?"

Palacios said the enforcement of laws would hold offenders of the law accountable.

"If it's just a matter of prosecuting fishermen, I think the return (of the writ) has already shown the efforts of the respondents in complying with environmental laws," Caguioa said.

"But if you're saying that that is not enough, we should file cases against the people... by the arbitral tribunal, those inside the ships, are you not asking for the impossible?" the justice asked.

Oral arguments will resume on July 9. —LDF, GMA News