Guardians of PH sea mammals win case vs DOE
BAGUIO CITY, Philippines – The guardians of resident sea mammals in the Philippines have won their case before the Supreme Court after the high tribunal declared as unconstitutional Service Contract No. 46 (SC-46) that allowed the exploration, development and exploitation of petroleum resources within Tañon Strait.
Resident sea mammals include toothed whales, dolphins, porpoises and other cetacean species whose habitat has been disturbed by underwater blasting and drilling. Acting as “legal guardians of the lesser life-forms and responsible stewards of God’s creations” are lawyers Gloria Estenzo Ramos and Rose-Liza Eisma Osorio.
They said, the high court should consider the toothed whales, dolphins and porpoises in the area as Filipino mammals entitled to constitutional benefits.
Tañon Strait is a narrow passage of water between Negros and Cebu which is rich in biodiversity of marine life including dolphins.
The High Court, in its ruling, said SC-46 failed to comply with Article XII Section of the Constitution which required that the service contract be (a) authorized by a general law and (b) signed by the President and (c) reported to Congress.
It added that while there is a general law on exploration, SC-46 was entered into between the Department of Energy and the Japan Petroleum Exploration Company., Ltd (JAPEX) only by then Energy Secretary Angelo Reyes, not the President.
The high court added that SC-46 was also never submitted to Congress.
“For these reasons, SC-46 violated the Constitution and is unconstitutional,” the high court said.
