SC stands pat on TRO vs environmental violations

MANILA, Philippines – The government’s efforts to protect the country’s environment and natural resources got a boost after the Supreme Court enjoined all judges to strictly observe laws prohibiting the issuance of injunctions against violators of environmental laws. 

The Supreme Court, through its Office of the Court Administrator, issued circular 87-2016 to reiterate the rules of procedure for cases involving enforcement or violations of environmental and other related laws which include the Philippine Fisheries Code of 1998. 

It cited Sec. 10 of the Rules of Procedure for Environmental Cases, which says only the Supreme Court can issue a temporary restraining order or writ of preliminary injunction against unlawful actions of government agencies that enforce environmental laws. 

The High Court also noted Sec. 134 of the Philippine Fisheries Code of 1998 which states that: “No injunction or restraining order from the Municipal Trial Courts and Regional Trial Courts shall lie against the Department of Agriculture and Bureau of Fisheries and Aquatic Resources upon the ex parte motion or petition filed by any person or entity in the exercise by the Department and BFAR of its regulatory functions in support of the implementation of this Code.” 

This came on the heels of reports that some judges continued to usurp authority and disregard a law that was duly passed by legislature. 

The circular, dated April 4, 2016, was issued by the Supreme Court to hasten the prosecution of cases filed by government agencies against violators of environmental laws. 

Oceana Philippines, an organization that focuses exclusively on protecting the world’s oceans, their resources and aquatic life, lauded the circular.

“We very much welcome the circular, as we continue to revitalize our imperiled fisheries and protect our vastly threatened natural life support systems. We commend your good office in ensuring the continuous upholding of the rule of law in guiding our magistrates,” said Gloria Estenzo Ramos, vice president of Oceana Philippines. 

“The policy further strengthens our judicial system in protecting our people’s rights, boosts the morale of our dedicated environmental law enforcers, and sends a strong message to all that impunity will not be tolerated,”  she added. 

Ramos said the organization was looking forward to the stronger enforcement and proper prosecution of violators of environmental and fisheries laws in the country.  

“We are optimistic that hand in hand, we will be able to restore the abundance of our oceans to feed the growing Filipino nation amid the perceptibly felt impacts of climate change,” she said.