RESIDENT MARINE MAMMALS OF THE
PROTECTED SEASCAPE TAÑON STRAIT v.
SECRETARY ANGELO REYES in his capacity as
SECRETARY OF THE DEPARTMENT OF
ENERGY, ET. AL.
G.R. No. 180771, April 21, 2015
Leonardo-De Castro, J.:
In our jurisdiction, locus standi in environmental cases
has been given a more liberalized approach.The Rules
of Procedure for Environmental Cases allow for a
“citizen suit,” and permit any Filipinocitizen to file an
action before our courts for violation of our
environmental laws on the principle that humans are
stewards of nature.
FACTS:
(A) According to a report conducted after the seismic
survey, there is a 50-70 percent reduction in fish catch
due to the loss of the “payao,” or artificial reef. (B) The
ECC received by the respondents is invalid since it was
issued without any public consultations or discussions.
(C) SC-46 is declared null and void for violating
Section 2, Article XII of the 1987 Constitution, since
there is no general law defining standard or universal
terms,conditions, and standards for service contracts
involving oil exploration and extraction. Petitioners
maintain that SC-46 transgresses the Jura
RegaliaProvision or paragraph 1, Section 2, Article XII
of the 1987 Constitution becauseJAPEX is 100%
Japanese-owned. (D) FIDEC claims that it was
prohibited from entering and fishing within a 7-
kilometer radius of the oil rig, which is larger than the
1.5-kilometer radius exclusion zone specified in the
InitialEnvironmental Examination.
ISSUE:
(A) Whether Petitioners have a legal standing
(locus standi) and (B) Whether SC-46 is
unconstitutional
HELD:
(A) YES. “Section 5. Citizen suit.– Any Filipino
citizen in representation of others, including minors or
generations yet unborn, may file an action to enforce
rights or obligations under environmental laws. Upon
the filing of a citizen suit, the court shall issue an order
which shall contain a brief description of the cause of
action and the reliefs prayed for, requiring all
interested parties to manifest their interest to intervene
in the case within fifteen (15) days from notice thereof.
The plaintiff may publish the order once in a
newspaper of general circulation in the Philippines or
furnish all affected barangays copies of said order.
Furthermore, long before the Rules of Procedure for
Environmental Cases went into effect, the Supreme
Court had taken a permissive stance on the issue of
locus standi in environmental cases. In Oposa, the SC
allowed the suit to be brought in the name of
generations yet unborn “based on the concept of
intergenerational responsibility insofar as the right to
a balanced and healthful ecology is concerned.” It is
also worth noting that the Stewards in the present case
are joined as real parties in the Petition and not just in
representation of the named cetacean species.
(B) YES. Section 2, ArticleXII of the 1987
Constitution provides in part:“The President may
enter into agreement with foreign-owned corporations
involving either technical or financial assistance for
large-scale exploration, development, and utilization
of minerals, petroleum, and other mineral oils
according to the general terms and conditions
provided by law, based on real contributions to the
economic growth and general welfare of the country.
In such agreements, the State shall promote the
development and use of local scientific and technical
resources.The President shall notify the Congress of
every contract entered into in accordance with this
provision, within thirty days from its execution.”
In the absence of the two other conditions, that the
President be a signatory to SC-46, and that the
Congress be notified of such contract, renders it null
and void. Service contracts involving the exploitation,
development, and utilization of our natural resources
are of paramount interest to the present and future
generations. Hence, safeguards were put in place to
ensure that the guidelines set by law are meticulously
observed and likewise eradicate the corruption that
may easily penetrate departments and agencies by
ensuring that the President has authorized or approved
of the service contracts herself.