The Supreme Court on Tuesday dismissed the petition for a writ of kalikasan filed by the Integrated Bar of the Philippines and fishermen from Palawan and Zambales seeking to compel the government to secure and protect the environment in the West Philippine Sea, particularly over the Ayungin Shoal, Panganiban Reef and Panatag Shoal.
The high court’s dismissal of the petition was the legal consequence of the request made earlier by the fishermen-petitioners to withdraw their signatures from the petition and the subsequent motions filed by the respondents.
“The Supreme Court did not touch on the substantive issue of the case, high court spokesman Brian Hosaka told reporters.
However, the high court reminded the parties of the procedural and substantive requirements in the petitions for a writ of kalikasan and writ of continuing mandamus that must be complied with upon their filing.
“The counsels were cautioned that they should be ready with the necessary evidence before they seek the issuance of extraordinary writs, Hosaka said, citing the high court decision.
The high court, through Associate Justice Marvic Leonen, said the counsels should establish and maintain a form of communication with their clients at all times. It said mere difficulty in contacting clients should not be used by the counsels as an excuse to renege on their duties and to disengage from their commitments.
“Counsel for petitioners were sternly warned that the commission of the same or similar infractions in the future would be dealt with more severely, the high court said.
The Court was referring to the withdrawal of the signatures of more than two dozen of the petitioners who said they did not know they were filing a case against the government.
Solicitor General Jose Calida had told the high court during the oral arguments last July that 19 of the 41 petitioners said they did not know of the petition.
It was followed by the withdrawal of signatures of 18 more fishermen. Calida also suggested that the counsels of the petitioners could face disbarment for filing the petition without the consent of the fishermen.
However, lawyer Jose Diokno, who is representing the petitioners, denied Calidaç—´ claim as he also accused the government of secretly talking to the petitioners to withdraw their signatures and support to the petition, thereby violating legal ethics.
The IBP on July 10 also withdrew from the petition.
“With due regard to the plight and position of the fishermen-petitioners, the views and recommendations of the handling lawyers and the IBP Chapters involved, and the matters raised and guidance by the Honorable Supreme Court, a motion has been filed for the withdrawal or discharge of the counsels for the fishermen and for the withdrawal of the petition, the IBP said in a statement signed by the group’s national president Domingo Egon Cayosa.
The petitioners have accused the Duterte administration of neglect and failure to preserve and protect the West Philippine Sea from harmful activities including poaching and illegal fishing by foreign fishermen.