SC order hailed as victory for Palawan environment, IPs
FRUIT OF VIGILANCE The series of protests staged by residents of Brooke’s Point in Palawan province against mining operations in their midst has bore fruit after the Supreme Court issued a writ of kalikasan that will protect Mt. Mantalingahan and local communities. Photo shows Brooke’s Point residents joining one of the protest rallies held in the town from February to March. —CONTRIBUTED PHOTO
PUERTO PRINCESA CITY — An anti-mining group hailed the writ of kalikasan (nature) issued by the Supreme Court against government agencies and two private firms involved in mining operations on Mt. Mantalingahan as an “interesting precedent” for the province of Palawan.
Lawyer Grizelda Mayo-Anda, executive director of the Palawan-based Environmental Legal Assistance Center, said the SC issuance was an “extra special development” for those fighting for the conservation of the environment in the province.
“It is a good precedent considering that Palawan being only one province can be covered by a writ of kalikasan, it only illustrates the important and significant value of Palawan forests and biodiversity, that it benefits not only Palawan but the whole country and probably even the whole world,” Mayo-Anda stated in a phone interview on Wednesday.
She added: “We are hoping that with this precedent, other groups can also have their share.”
The high court issued the writ of kalikasan against the Department of Environment and Natural Resources, Mines and Geosciences Bureau, Ipilan Nickel Corp. (INC) and Celestial Nickel Mining and Exploration Corp. (Celestial Mining) on Tuesday.
Article continues after this advertisementA writ of kalikasan is a legal remedy for the protection of one’s right to “a balanced and healthful ecology in accord with the rhythm and harmony of nature” under Article II, Section 16 of the 1987 Constitution.
Article continues after this advertisementImportant biodiversity
According to Mayo-Anda, a writ of kalikasan is also a special remedy in the rules of procedures on environmental cases, ordering a company to answer within 10 days of receiving an environmental complaint.
“But what’s good here is that the Mt. Mantalingahan Protected Landscape was given importance because what is coming out is that the biodiversity of Mantalingahan covers or affects more than two cities or two provinces, which is a requirement for the issuance of a writ of kalikasan,” she told the Inquirer.
“Because Mantalingahan has an important biodiversity that benefits not only Palawan but the whole country, that was given weight in the issuance of the writ,” she said.
The case stemmed from the petition filed by the Indigenous Cultural Communities of Bicamm Ancestral Domain in Brooke’s Point town.
The high court said it found the mining operations by INC and Celestial Mining “may cause irreparable environmental damage” to the Mt. Mantalingahan protected area and the ancestral domain of Palawan communities.
Other groups are happy over the issuance of a cease and desist order (CDO) by the National Commission on Indigenous Peoples (NCIP)-Mimaropa (Mindoro, Marinduque, Romblon, Palawan) regional office and the subsequent issuance of a writ of kalikasan by the SC. Jaybee Garganera, Alyansa Tigil Mina national coordinator, praised the NCIP-Mimaropa for “being true to its mandate of protecting indigenous peoples (IPs).”
But Mayo-Anda said the immediate implementation of the CDO was critical to address the IPs’ displacement and the deforestation of their ancestral domain covered by mining operations.
“Since 2017, thousands of trees have been cut inside their sacred grounds and watersheds. The continuing threat to the IPs’ livelihood, culture and food security needs to be addressed,” she said.
The CDO was officially served to INC on Wednesday morning, said lawyer Jansen Jontilla, NCIP provincial director.
Mayo-Anda said the CDO’s effect was more immediate compared to the writ because it was clear in the order that the mining firm should halt operation.
“By Aug. 21, they should stop their operation; otherwise, they can be cited for contempt … ,” Mayo-Anda said.
Prior to the CDO, the NCIP-Mimaropa also suspended the free, prior and informed consent of the company on June 20.INC is, however, challenging the CDO and is asking the NCIP to revoke it, claiming that the company is exempted from securing a certificate of precondition.
According to INC, Celestial Mining obtained a Mineral Production Sharing Agreement back in 1993, years before the Indigenous People’s Rights Act of 1997 was implemented.
