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Case Digests IV
Case Digests IV
Casino et al.
Posted on October 27, 2016
(Remedial law: Appeal; Environmental Law: Writ of Kalikasan)
Facts
Hon. Teodoro Casino and a number of legislators filed a Petition for Writ of
Kalikasan against RP energy, SBMA, and Hon. Ramon Paje as the DENR
secretary on the ground that actual environmental damage will occur if the
power plant project is implemented and that the respondents failed to comply
with certain laws and rules governing or relating to the issuance of an ECC
and amendments thereto.
The Court of Appeals denied the petition for the Writ of Kalikasan and
invalidated the ECC. Both the DENR and Casino filed an appeal, the former
imputing error in invalidating the ECC and its amendments, arguing that the
determination of the validity of the ECC as well as its amendments is beyond
the scope of a Petition for a Writ of kalikasan; while the latter claim that it is
entitled to a Writ of Kalikasan.
Issues
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Ruling
In the case at bar, no such causal link or reasonable connection was shown or
even attempted relative to the aforesaid second set of allegations. It is a mere
listing of the perceived defects or irregularities in the issuance of the ECC.
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