SC issues writ of kalikasan vs DMCI mining

MANILA, Philippines - The Supreme Court on Tuesday issued a writ of kalikasan against the Zambales mining operations of DMCI Holdings Inc. and DMCI Mining Corp.

The decision stemmed from a plea by Agham Party-list Rep. Angelo Palmones against the firms, both owned by construction magnate David Consunji, against mining metallic ore and destroying the land formation in Sta. Cruz town.

Supreme Court spokesman Theodore Te said the high court also referred the case to the Court of Appeals to accept the respondents' Return of the Writ.

The writ of kalikasan is a legal remedy based on the constitutional provision Article II, Section 16, which states the people's right to "a balanced and healthful ecology in accord with the rhythm and harmony of nature."

The high tribunal included as co-respondents in the case the Department of Environment and Natural Resources, Environmental Management Bureau and the Philippine Ports Authority.

In his petition filed last December, Palmones said the DMCI illegally logged trees and levelled the terrain in Barangay Bolitoc. He asked the Supreme Court to order the firm to restore the land.

The DMCI's operations, he said, pose environmental risks to residents who may experience strong storm surges due to the destruction of the mountain that serves as natural barrier from the sea.

"[The high court should] direct the DENR, [Environmental Management Bureau ] and the PPA ... to protect and preserve the remaining mountain trees and the mountain in Bolitoc, Sta. Cruz, Zambales," Palmones said in the petition.

The DMCI Mining Corporation is wholly-owned subsidiary of DMCI Holdings Inc. engaged in ore and mineral mining and exploration whose operations in Sta. Cruz and Candelaria in Zambales are ventured with Australia-based Rusina Mining, Ltd.