Bill seeks to restrain courts on environment issues

MANILA, Philippines - A party-list lawmaker has filed a bill that seeks to prevent the courts from recklessly issuing temporary restraining orders (TROs) or injunctions against acts of government agencies or officials meant to enforce environment protection laws.

Ako Bicol party-list Rep. Rodel Batocabe filed House Bill 845 to ensure the effective implementation and enforcement of environmental laws in the face of projects that are destructive to the environment or exploit the country’s natural resources.

The lawmaker said he was pushing for the passage of the measure “because the practice of seeking restraining orders and injunctions against the government creates an opportunity to exploit our resources.”

He said that “when these resources are allowed to be exploited, even for a short period, the damage that it may cause is irreversible as most of our resources are irreplaceable and non-renewable.”

The prohibition against TROs and injunctions is limited to the actions of the government on concessions, licenses, permits, patents, or public grants of any kind in connection with the disposition, exploitation, utilization, exploration, or development of the natural resources of the Philippines, he said.

Batocabe said the issuance of TROs and injunctions that violate the proposed law renders the orders void and subjects the issuing judge to a penalty of suspension of 60 days without pay.

The courts should defer to the technical expertise of administrative agencies, led by the Department of Environmental and Natural Resources, its bureaus, and attached agencies, which are primarily responsible for the conservation, management, development, and proper use of natural resources, according to the bill.

The enforcement of environmental laws and regulations should not be impeded by court action except for cases heard by the Supreme Court, cases involving constitutional issues of extreme urgency, and grave abuse on the part of the administrative officer or agency, Batocabe said.