IBP to seek time to talk with fishermen in West PHL Sea kalikasan suit

The Integrated Bar of the Philippines (IBP) on Friday said it will ask the Supreme Court for time to confer with the Palawan and Zambales fishermen who filed an environmental suit for the West Philippine Sea, days after the government claimed many of the fishermen had disowned the case.

"The IBP stands firmly with the fishermen, IBP chapters, and the lawyers involved in the petition for a writ of kalikasan filed before the Supreme Court," the IBP said in a statement signed by its president, Domingo Egon Cayosa.

The organization formalized their request in a motion filed at the High Court on Friday afternoon. The lawyers sought 10 days, or until July 22, to confer with their clients, who they said live in remote areas accessible only by boat.

On Tuesday, Solicitor General Jose Calida claimed 19 of the fishermen who were named as petitioners in the IBP's suit withdrew from the case, saying they neither knew of nor supported its filing.

Chel Diokno, one of the fishermen's lawyers, objected to the submission of the fishermen's affidavits because he said the government bypassed the petitioners' lawyers by obtaining their statements, violating legal ethics.

Calida's revelation led to a suspension of oral arguments on the case and to a closed-door conference of the parties that was called by Chief Justice Lucas Bersamin.

After the meeting, Calida claimed the government and the petitioners' lawyers agreed that the case be dismissed. Without confirming what the solicitor general said, Diokno said the lawyers will file a joint motion updating the Court on the next move by Friday.

In its statement, the IBP said the handling lawyers will ask the Court for time to confer with the fishermen "so that they can more appropriately act on the developments in the case."

But in its own filing on Friday, the Office of the Solicitor General (OSG) said the IBP's request for time is "too late" and "will not cure the infirmity that the Petition was initiated by counsel without the full knowledge and understanding of the fisherfolk-petitioners."

Government lawyers insisted that the petition has effectively been withdrawn as several of the petitioners "disavowed their signatures, participation in the case and ultimately, their being represented by counsel as they deny being part of the case at all."

The OSG asked the SC to immediately dismiss the case and consider it closed and terminated.

The case seeks a writ of kalikasan for Panatag Shoal, Ayungin Shoal, and Panganiban Reef. The petitioners have asked the Court to order the Duterte administration to permanently stop "neglecting the performance of their duties in violation of environmental laws" in those areas.

A writ of kalikasan is a remedy available to persons or groups whose right to a balanced and healthful ecology is violated or threatened with violation.

Citing evidence submitted by the government to the international arbitral court that ruled for the Philippines in 2016, the petitioners alleged that Chinese fishermen and vessels have harvested endangered species and used cyanide and dynamite in Panatag and Ayungin Shoals, and conducted construction activities in Panganiban Reef.

They said the environmental damage covers Masinloc, Zambales and Kalayaan, Palawan. —KBK/LDF, GMA News