SC creates 117 ‘green courts’ to act on environmental cases

(Updated) With the ecosystem's well-being in mind, the Supreme Court has approved the creation of 117 “green courts" to expedite the resolution of all pending environmental cases nationwide. In a two-page resolution, the Court en banc granted the recommendation of the Philippine Judicial Academy (Phija) for the SC to consider the designation of environmental courts as one of the options “to improve environmental adjudication" in the country. The creation of environmental courts, according to SC spokesman lawyer Midas, was proposed during an international environmental conference held last year at Edsa Shangri-La sponsored by the Asian Environmental Compliance an Enforcement Network (AECEN) Out of the 117 environmental courts, the SC designated 45 lower courts as Forestry Courts and 48 first level courts and 24 second level trial courts to handle all kinds of environmental cases including violations of Republic Act No. 8550 or the Fisheries Code and Republic Act 7586, otherwise known as the National Integrated Protected Areas System (NIPAS) Act of 1992. “The Court further resolved to consider all single sala first and second level courts as special courts to hear and decide environmental cases, in addition to their regular duties," the resolution stated. First level courts are Municipal Trial Courts (MTC), Municipal Circuit Trial Courts (MCTC) and Municipal Trial Courts in Cities (MTCC). Second level courts are the Regional Trial Courts (RTCs). Marquez said that there is a need to establish “green courts" as regular courts tend to prioritize criminal and civil cases over cases involving violations of environmental laws. “The court will soon be identifying these courts as we are still verifying the number of environmental cases still pending before our courts," Marquez said. Likewise, the SC has agreed to conduct capacity-building programs for the personnel of environmental courts and appellate courts after the formal designation of said environmental courts. In a related development, Justice Secretary Raul Gonzalez has directed the Provincial Prosecutor of Palawan to immediately transfer to Manila the preliminary investigation of a mining case in Palawan after receiving complaints of alleged harassment and intimidation from the respondents. Gonzalez, in an order last January 10, 2007, instructed provincial prosecutors in Palawan to turn over to the Department of Justice (DOJ) the case filed by a certain Mark Benedicto Concepcion of the Palawan Provincial Mining Regulatory Board against executives of Citinickel Mines and Development Corp. and Oriental Peninsula Resources Group. Gonzalez said a new prosecutor will be assigned to handle the case. The DOJ chief issued the order after receiving a letter-request from Citinickel Vice President Ferdinand Pallera claiming that death threats and hostile conditions in Palawan would make it difficult, if not impossible, for Manila-based respondents to safely travel to and from Palawan to attend the preliminary investigation. Pallera, along with other executives of Citinickel and Oriental Peninsula are facing charges for alleged violation of Section 103 of RA 7942 (theft of minerals) which is currently pending before the Palawan Provincial Prosecutor under I.S. No. 2007-866. The case stemmed from alleged illegal quarrying relative to the construction of roads leading to Citinickel's mine site in the town of Sofronio Espanola. The two companies vehemently denied the charges. “Although we are innocent of the charges - which to us is clearly a harassment suit - we fear that we cannot get the impartial justice we deserve because of influential people who are trying to influence the outcome of the case to the detriment of our business operations in the province," Pallera told Gonzalez. He explained that Citinickel is a legitimate firm duly registered with the Securities and Exchange Commission with a valid mining permit issued by the Department of Environment and Natural Resources. Oriental Peninsula, on the other hand, is a publicly listed holding company, which has nothing to do with the alleged quarrying and road construction but is being accused of mineral theft, Pallera said. The two firms have also recently filed before the Court of Appeals a petition seeking the issuance of a temporary restraining order to enjoin the Regional Trial Court, Branch 48, of Puerto Princesa City, Palawan from enforcing its January 7, 2008 “cease and desist order" against it and Citinickel. In a 22-page petition for certiorari, Oriental Peninsula through its lawyer Reynaldo Melendres said the TRO is necessary so as not to jeopardize its ongoing initial public offering (IPO) at the Philippine Stock Exchange. He said the cease and desist order might unduly cause alarm and jittery among its investors if not enjoined. The petitioner stressed that the writ of preliminary prohibitory injunction issued by Judge Chito S. Meregillano should be nullified and set aside for having been issued with grave abuse of discretion, to the prejudice of the rights of Oriental Peninsula and its mining firm. The injunction order enjoins Oriental Peninsula, a publicly listed firm, and Citinickel from continuing with its operations and mining road/causeway construction at Barangay Punang, Sofronio Espanola, Palawan. - GMANews.TV