Sibuyan residents secure Supreme Court writ of kalikasan vs DENR, mining firm
MANILA, Philippines — The Supreme Court has issued a writ of kalikasan in a petition by residents of Sibuyan Island in Romblon against environment agencies and a mining firm over the destruction of the island’s intact ecosystem.
According to a copy of the June 13 resolution obtained by Philstar.com, the Supreme Court en banc issued a writ of kalikasan against the Department of Environment and Natural Resources, Mines and Geosciences Bureau, and Altai Philippines Mining Corp.
A writ of kalikasan is a legal remedy for persons or organizations whose constitutional right to a balanced and healthful ecology is violated or threatened. Residents of Sibuyan Island filed a petition for the protective writ on February 6.
Sibuyanons are opposing the mining exploration activities of APMC, fearing the extraction of nickel ore will damage the island—dubbed as the “Galápagos of Asia”—and affect the livelihoods of locals.
The high court required the respondents to file a comment on the petition within 10 days after the service of the writs, and referred the case to the Court of Appeals for further reception of evidence.
The SC, however, denied the petitioners’ prayer for the issuance of Temporary Environmental Protection Order. A judge can issue a TEPO effective for only 72 hours if the matter is of “extreme urgency and the applicant will suffer grave injustice and irreparable injury.”
In February, the DENR Mimaropa, MGB, and the Environmental Management Bureau ordered APMC stop the construction and operations of its causeway “as a precautionary measure against potential irreparable damage to the environment.” Sibuyan environmentalist Rodne Galicha of Living Laudato Si said the cease-and-desist order is still in force.
The environmental agencies also suspended the ore transport permit issued to APMC and ordered the mining firm to stop transporting nickel ore from the contract site to the causeway.
Important win
“The issuance of the writ of kalikasan is a significant step to secure and protect one of the country’s last ecological frontier, Sibuyan Island, and its communities,” Galicha told Philstar.com.
He asked scientists in the Philippines and abroad to send testimonies to support the cause of the residents opposing mining activities on the island.
“Sibuyan Island’s fate in the hands of exploiters will not only affect the island’s fragile ecology but also that of global biodiversity due to the presence of many endangered flora and fauna, both discovered and yet to be discovered and documented,” Galicha added.
In January, Sibuyanons set up a barricade to stop the transport of nickel ore. Police in riot gear broke through the barricade on February 3, allowing trucks carrying nickel ore to leave the island and hurting two residents in the process.
Two sizable parcels of land in Barangays Barangays España and Taclobo in San Fernando town are slated to be mined by the APMC under its Mineral Production Sharing Agreement (MPSA), according to the Project Description for Scoping (PDS) that the firm filed to the DENR.
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