SC issues writ of kalikasan vs. mining ops in Mt. Mantalingahan

The Supreme Court has issued a writ of kalikasan against the Department of Environment and Natural Resources (DENR) and two private firms over mining operations in Brooke’s Point, Palawan.

In a statement released Wednesday, the Supreme Court ordered the DENR, the Mines and Geosciences Bureau and the two private companies to file a verified return of the writ within a non-extendible period of 10 days from receipt.

“In the present case, the Court found that there is a possibility of serious and irreversible harm to the environment and the inhabitants of Brooke’s Point located in the Mt. Mantalingahan Mountain Range,” the high court said.

Due to this, it required the two mining firms to provide evidence to dispel concerns regarding the potentially harmful impact of the project.

A writ of kalikasan is special civil action taken to enjoin individuals to repair the environment.

The Supreme Court also said the same applies to the DENR and the MGB, “whose inaction over the strong pleas of the residents of Brooke’s Point shows their indifference to the rights of the ICCs to a balanced and healthful ecology.”

The case stemmed from the petition filed by Indigenous Cultural Communities (ICCs) of BICAMM Ancestral Domain, Brooke’s Point, Palawan.

According to the Supreme Court, the government and one of the firms entered into a Mineral Production Sharing Agreement (MPSA) covering 2,835 hectares of land in Brooke’s Point, with the other firm as the designated mining operator.

The ICCs, however, said the MPSA covered areas within the National Integrated Protected Areas System, specifically the area within the Mt. Mantalingahan Mountain Range.

The Supreme Court said that despite being notified by the DENR that its Environmental Compliance Certificate had expired in October 2015, the two private firms continued with their activities.

In 2018, the court said one of the firms also failed to secure a certificate of a precondition from the National Commission on Indigenous Peoples for the renewal of the MPSA.

The DENR Community Environment and Natural Resources Office in 2022 issued a cease-and-desist order against the firm.

The Sangguniang Bayan of Brooke’s Point also issued a resolution requesting the MGB to probe the mining areas. The high court said the Mines and Geosciences Bureau did not take any action on the request.

In ruling in favor of the ICCs, the Supreme Court said it found that the mining operations may cause irreparable environmental damage and the operations were exacerbated by the lack of action from DENR and MGB.

GMA News Online has sought comment from DENR and MGB but has yet to receive a response as of posting time. —KBK, GMA Integrated News