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Advocates Philippines
Supreme Court Issues Writ Of Kalikasan Against DENR And Mining Operators In Mt. Mantalingahan, Palawan
The Supreme Court of the Philippines has granted a Writ of Kalikasan against the Department of Environment and Natural Resources (DENR), Mines and Geosciences Bureau (MGB), Ipilan Nickel Corporation (INC), and Celestial Nickel Mining and Exploration Corporation (Celestial Mining).
The writ orders the concerned parties to submit a verified return within a non-extendible period of 10 days, following a petition filed by the Indigenous Cultural Communities (ICCs) of BICAMM Ancestral Domain in Brooke’s Point, Palawan.
The ruling, issued on August 15, 2023, follows deliberations where the Supreme Court En Banc approved the ICCs' petition under the Rules of Procedure for Environmental Cases. The ICCs, representing indigenous peoples with ancestral domains in Brooke’s Point, assert that the mining operations conducted by INC and Celestial Mining have caused irreparable damage to the environment and their way of life.
The legal battle traces back to a Mineral Production Sharing Agreement (MPSA) signed in 1993 between the Republic of the Philippines and Celestial Mining, covering a substantial land area within the protected Mt. Mantalingahan Mountain range.
Despite the MPSA's expiry of the Environmental Compliance Certificate (ECC) and other legal constraints, INC and Celestial Mining continued their operations, leading to alleged deforestation and environmental degradation in the region.
Numerous violations have been raised against the mining corporations, including the absence of crucial permits, illegal tree-cutting, and unauthorized mining activities. The ICCs' pleas for intervention and investigation by local government bodies, as well as the DENR and MGB, went unanswered, exacerbating the environmental crisis in the region.
The Supreme Court's decision to grant the Writ of Kalikasan rests on three key criteria: the assertion of a constitutional right to a balanced and healthful ecology, unlawful acts or omissions by public or private entities leading to environmental damage, and the magnitude of the damage affecting multiple cities or provinces. The Court found that these criteria were met in the case of the ICCs, as the mining operations pose a severe threat to the ecological balance, the health and lives of the residents of Brooke’s Point, and the preservation of the Mt. Mantalingahan Mountain range.
Furthermore, the Court applied the precautionary principle, shifting the burden of evidence to project proponents, INC and Celestial Mining, and the DENR and MGB. The principle requires them to provide evidence that dispels concerns about potential harm to the environment. The Court also criticized the DENR and MGB for their inaction, emphasizing their indifference to the ICCs' rights and the broader ecological well-being.
The writ orders the concerned parties to submit a verified return within a non-extendible period of 10 days, following a petition filed by the Indigenous Cultural Communities (ICCs) of BICAMM Ancestral Domain in Brooke’s Point, Palawan.
The ruling, issued on August 15, 2023, follows deliberations where the Supreme Court En Banc approved the ICCs' petition under the Rules of Procedure for Environmental Cases. The ICCs, representing indigenous peoples with ancestral domains in Brooke’s Point, assert that the mining operations conducted by INC and Celestial Mining have caused irreparable damage to the environment and their way of life.
The legal battle traces back to a Mineral Production Sharing Agreement (MPSA) signed in 1993 between the Republic of the Philippines and Celestial Mining, covering a substantial land area within the protected Mt. Mantalingahan Mountain range.
Despite the MPSA's expiry of the Environmental Compliance Certificate (ECC) and other legal constraints, INC and Celestial Mining continued their operations, leading to alleged deforestation and environmental degradation in the region.
Numerous violations have been raised against the mining corporations, including the absence of crucial permits, illegal tree-cutting, and unauthorized mining activities. The ICCs' pleas for intervention and investigation by local government bodies, as well as the DENR and MGB, went unanswered, exacerbating the environmental crisis in the region.
The Supreme Court's decision to grant the Writ of Kalikasan rests on three key criteria: the assertion of a constitutional right to a balanced and healthful ecology, unlawful acts or omissions by public or private entities leading to environmental damage, and the magnitude of the damage affecting multiple cities or provinces. The Court found that these criteria were met in the case of the ICCs, as the mining operations pose a severe threat to the ecological balance, the health and lives of the residents of Brooke’s Point, and the preservation of the Mt. Mantalingahan Mountain range.
Furthermore, the Court applied the precautionary principle, shifting the burden of evidence to project proponents, INC and Celestial Mining, and the DENR and MGB. The principle requires them to provide evidence that dispels concerns about potential harm to the environment. The Court also criticized the DENR and MGB for their inaction, emphasizing their indifference to the ICCs' rights and the broader ecological well-being.
Aug 16, 2023
