Citing lack of evidence, CA ends writ vs mine firm

The Court of Appeals (CA) has terminated the writ of kalikasan (nature) it issued against a mining company in Aroroy town, Masbate province, after it threw out for lack of evidence the petition filed by a group of residents blaming the firm for pollution in two towns.

In a 44-page decision, the appellate court’s Fourth Division ruled that members of Ang Aroroy Ay Alagaan Inc. failed to support with evidence their claim that the mining operations of Filminera Resources Corp. caused water pollution and environmental degradation in Aroroy and the adjacent town of Baleno.

A writ of kalikasan is a legal remedy for persons whose constitutional right to a “balanced and healthful ecology” is violated by an unlawful act or omission of a public official, employee, or private individual or entity.

No evidence

In nullifying the temporary environment protection order it had issued on July 11, 2016, the court said the petitioners did not present evidence backing up their allegation that the bodies of water in the two towns were contaminated with cyanide and mercury because of Filminera’s operations.

The petitioners, the CA said, “failed to substantiate” their accusations against Filminera.

“The evidence it presented is inadequate to establish the factual bases of its claims,” the CA decision said.

“As much as we commiserate with petitioners’ plight, we are constrained to rule in favor of the respondents due to the lack of evidentiary support,” it added.

The decision was penned by Associate Justice Noel Tijam, who was appointed by President Duterte to the Supreme Court last week, and was concurred in by Associate Justices Francisco Acosta and Eduardo Peralta Jr.

Valid ECC

The CA said Filminera was able to prove that its mining operations were covered by a “valid and existing” environmental compliance certificate (ECC) contrary to the petitioners’ claim.

The ECC was originally issued by the Department of Environment and Natural Resources to Base Metal Mineral Resources Corp., Filminera’s previous corporate name.

The case is just one of many being filed against mining companies by groups demanding a total ban on mining.

These groups have found an ally in Environment Secretary Gina Lopez, who had been accused of arbitrarily ordering the closure of mines because of her antimining stance.

Lopez’s confirmation as environment secretary by the Commission on Appointments has been bypassed along with other appointees of the President.

During one confirmation hearing, at least 30 groups representing mining companies and communities that benefit from mining operations had voiced their opposition to Lopez’s confirmation.

The Chamber of Mines of the Philippines, during that hearing, listed the reasons why Lopez’s appointment should not be confirmed. Among these were Lopez’s blatant disregard of mining laws and her refusal to honor mining production sharing agreements, which are contracts between the government and mining firms.