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To Save Taal Lake from destruction, CA approves DENR, Palmones deal
Taal Lake is saved from destruction by an agreement between the Department of Environment and Natural Resources (DENR) and Agham party-list Rep. Angelo Palmones, which the Court of Appeals approved last month.
In its latest writ of continuing mandamus issued last June 29, the CA approved a memorandum of agreement (MOA) the DENR must heed in order to protect the lake, saying the MOA was "not contrary to law, public morals and public policy."
Under the agreement, the department will allow fish cage operators to do business as long as they do not breach the lake's carrying capacity.
The parties were tasked to continuously monitor fish density in the cages and test the lake's water quality.
The appeals court directed the DENR and Palmones to submit their respective quarterly progress report on their compliance “within the first 10 days of each quarter starting October 2012."
The DENR and Palmones agreed to comply with the strict implementation of the permits and other clearances covering projects under the National Integrated Protected Areas System (NIPAS) Act.
Last February, Palmones obtained a writ of kalikasan from the Supreme Court to protect the world-famous lake from destructive human activities.
The high court did not issue a temporary environmental protection order and instead barred the DENR and the Protected Areas Management Board from approving new permits for fish cage operators.
The high court then referred Palmones' case to the appeals court which asked the parties to settle amicably the issue of protection. The amicable settlement resulted in the creation of the MOA on May 17.
“[J]udgment is rendered approving the MOA... Further, this court issues a continuing writ of mandamus requiring the parties to faithfully and promptly comply with the conditions of the (MOA) at all times,” the court said in a ruling, copies of which the media obtained on Tuesday.
In his petition filed before the Supreme Court, Palmones said the number of species of endemic and migratory birds in the lake area dropped to 15 from 76 due to fish pen operations and other man-made activities.
Palmones said even the number of tawilis, a species of small freshwater fish found only in Taal lake, decreased to nearly 20 percent in 2003. — Mark Merueñas/VS, GMA News
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