The Supreme Court has overturned an environmental protection order issued by the Court of Appeals against LNL Archipelago Minerals Inc. accused of violating mining and forestry laws for allegedly leveling a “mountain” to build its seaport in Zambales.
In an en banc decision penned by Associate Justice Antonio T. Carpio, the high court ruled that contrary to the CA’s findings, LAMI “did not cause any environmental damage” that may harm the inhabitants of Sta. Cruz, Zambales, and nearby towns in neighboring Pangasinan.
The high court set aside the appellate court’s Sept. 13, 2013 amended decision and reinstated its original decision on Nov. 23, 2012 that denied the issuance of the writ of kalikasan.
The CA originally denied the petition filed by Agham party-list, led by former Rep. Angelo B. Palmones, but subsequently granted the group’s appeal, stressing that scraping off land for port reclamation removed a barrier against tropical depression that frequents the area.
According to the SC, the appellate court failed to provide any basis to support the reversal of its decision. It also said that Agham continued to fail to present evidence warranting the issuance of the writ of kalikasan.
The high court stressed that Agham failed to prove its claim that LAMI violated the Revised Forestry Code and the Philippine Mining Act. For one, the decision noted that LAMI was able to secure the proper permits to clear the trees within the port site.
It found the mining law was inapplicable to this case as LAMI did not conduct any actual mining activity on the port site. Agham also did not present any evidence of violations, and only “alleged in very general terms that LAMI was destroying the environment” without conducting any scientific study or submitting expert testimony.
“Even the facts submitted by Agham to establish environmental damage were mere general allegations,” the SC noted.
The tribunal observed that when the party-list group failed to prove violations of law, it “shifted its focus” on the claim that LAMI flattened a mountain. However, several government entities belied that a mountain existed, with the Mines and Geoscience Bureau concluding that it was only an “elongated mound.”
The SC also junked Agham’s claim that LAMI had no environmental compliance certificate (ECC). The Department of Environment and Natural Resources (DENR) issued a notice of violation on June 1, 2012, but later restored the ECC upon compliance with the requirements, it noted.
It noted that under the Rules on the writ of kalikasan, the petitioner has the burden to prove that environmental rules have been violated and that ensuing damage harms the inhabitants in two or more cities or provinces.
“Agham, as the party that has the burden the prove the requirements for the issuance of the privilege of the Writ of Kalikasan, failed to prove (1) the environmental laws allegedly violated by LAMI; and (2) the magnitude of the environmental damage allegedly caused by LAMI in the construction of LAMI’s port facility in Brgy. Bolitoc, Sta. Cruz, Zambales and its surrounding area,” SC said.
A writ of kalikasan is a legal remedy which generally orders the adverse party to cease and desist from questioned activities and restore the damaged environment. It also requires the government to strictly monitor the subject area and submit periodic reports to the court.