MANILA, Philippines -- The Supreme Court has asked government lawyers to comment on a petition filed by environmental lawyers to have oil exploration in the Tañon Strait in the Visayas declared illegal as it deferred the issuance of a temporary restraining order against the activity.

The suit was filed on behalf of marine mammals in the strait by lawyers Gloria Ramos and Liza Osorio as "legal guardians of the lesser life forms and as stewards of God's creations" against the Japan Petroleum Exploration Company (Japex), Energy Secretary Angelo Reyes, Environment Secretary Jose Atienza and Agriculture Secretary Arthur Yap.

The high court has given the Office of the Solicitor General 10 days to submit its comment to the petition, filed on behalf of toothed whales, dolphins and porpoises, which says Japex’s oil exploration endangers the marine mammals and threatens the livelihood of fisherfolk.

The petitioners said the drilling and blasting in the strait have affected the marine mammals in their natural habitat and asked the high court to consider the toothed whales, dolphins and porpoises in the area as Filipino mammals entitled to constitutional benefits.

Tañon Strait, between Cebu and Negros islands, has become noted for the whales and other marine mammals that have made the waterway a favorite tourist and ecological spot.

The oil exploration in the strait is covered by the 2004 Service Contract No. 46 between the Department of Energy and Japex.

However, the petitioners said the government granted an Environmental Compliance Certificate (ECC) to Japex without proper consultation.