The Supreme Court has issued a writ of kalikasan against Altai Philippines Mining Corporation (APMC), the Department of Environment and Natural Resources (DENR), and the Mines and Geosciences Bureau (MGB) over controversial nickel mining operations on Sibuyan Island of Romblon province.
This followed a petition residents filed last February, said environmentalist Rodne Galicha, Living Laudato Si executive director, who posted the high court’s notice on his Twitter account on Sunday.
According to the SC, it issued the writ versus APMC, DENR, and MGB in a resolution dated June 13.
A writ of kalikasan is a legal remedy that protects the right of Filipinos to a “balanced and healthful ecology in accord with the rhythm and harmony of nature,” pursuant to Article II, Section 16 of the Philippine Constitution.
Justice Secretary Jesus Crispin Remulla earlier described the writ as a special civil action that could urge respondents to “do something” about nature or repair environmental damage.
In late January, APMC led mining exploration and operations on Sibuyan Island and planned to export 50,000 metric tons of nickel ore for testing overseas. Environmentalists and residents of the island protested the mining activities.
They said they were illegal as APMC had not secured the necessary permits to conduct mining operations and to export the nickel ore. Two people were hurt in a human barricade set up to try to stop the operations.
The mining company claimed its operations were lawful.
However, on February 6, the APMC voluntarily suspended all mining exploration and testing operations on Sibuyan Island.
Two days later, the DENR also issued a cease-and-desist order against APMC, halting its activities in the area.
The SC also resolved to require the respondents to comment within 10 days and said it would refer the case to the Court of Appeals for further reception of evidence.
However, the high court denied the petitioners’ request to issue a Temporary Environmental Protection Order (TEPO) against APMC, DENR, and MGB. According to the SC, the TEPO is an order “issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the environment.”
“Though TEPO prayer has been denied, it cannot be denied that DENR’s cease-and-desist order is still in force…The issuance of the writ of kalikasan is a significant step to secure and protect one of the country’s last ecological frontiers, Sibuyan Island, and its communities,” Galicha said.
