SC issues two writs directing gov’t agencies to curb plastic pollution

MANILA, Philippines — The Supreme Court has issued a writ of kalikasan and a writ of continuing mandamus directing the National Solid Waste Management Commission (NSWMC) and its member agencies to implement measures to curb plastic pollution.

The groups who filed the petition for the writs made the announcement on Saturday. The high court issued the two writs in a resolution dated Dec. 7.

There were 52 petitioners, including former Sen. Sergio Osmeña III, nongovernment organizations like Oceana Philippines, and representatives from the youth sector, fisherfolk, divers, and waste pickers.

The petitioners accused the NSWMC of failing to implement the Ecological Solid Waste Management Act of 2000, which was authored by Osmeña.

The writ of kalikasan is a legal remedy for persons or organizations whose constitutional right to a balanced and healthful ecology is being violated.

The continuing mandamus compels the NSWMC to list banned plastic products.

The NSWMC was mandated to prepare a list of nonenvironmentally acceptable products and packaging (Neapp) within a year of the approval of the measure, but it has not published the Neapp since the passage of the law.

“The Petitioners welcome and consider the Resolution and the immediate action by the Supreme Court meaningful in the imperative fight against the plastic crisis,” said Camille Parpan, counsel for the petitioners.

The respondents are required to make a verified return and comment on the petition before the Court of Appeals within a non-extendible period of 10 days from their receipt of the writs.

The respondents are the NSWMC and its members — among them, Environment Secretary Roy Cimatu, Trade Secretary Ramon Lopez, Science and Technology Secretary Fortunato dela Peña, Health Secretary Francisco Duque III, Public Works Secretary Roger Mercado, Agriculture Secretary William Dar, and Chairman Benhur Abalos of the Metropolitan Manila Development Authority.

Parpan, meanwhile, said the petitioners were still waiting for a copy of the respondents’ verified return as they continued to prepare for the hearing of the petition.

“While the case is still pending determination by the courts, it is important that everyone contributes in solving the plastic crisis,” Parpan said.

A study published in Science Advances in April tagged the Philippines as the largest contributor to plastic emissions in the world, noting that the country emits 356,371 metric tons of mismanaged plastic waste per year, passing through 4,280 of its rivers and into the ocean.

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