CA urged to reconsider dismissal of plea vs reclamation project

Senator-elect Cynthia Villar . INQUIRER FILE PHOTO

MANILA, Philippines—Senator-elect Cynthia Villar on Wednesday asked the Court of Appeals to reconsider its April 26 decision that dismissed her petition to stop the P14-billion reclamation project in Manila Bay.

In her motion, Villar called the appeals court ruling as “palpably erroneous.”

She said the proposed coastal bay project “impinges on the viability and sustainability of the Las Piñas–Paranaque Critical Habitat and Ecotourism Area (LPPCHEA).

LPPCHEA serves as a sanctuary to migratory bird species from as far as Siberia. According to the Wild Bird Club of the Philippines, the entire Metro Manila is host to 150 species of birds, 72 of which are found at LPPCHEA.  LPPCHEA is the only bird sanctuary located in an urban setting. Because of its biodiversity, LPPCHEA was declared as a critical habitat in 2007 by Proclamation Nos. 1412 and 1412-A.

“The inclusion of LPPCHEA on the Ramsar List of Wetlands of International Importance only this  March 15, 2013 solidifies our stand to fight for it against planned reclamation projects. For an international treaty organization to recognize LPPCHEA’s global importance to biodiversity proves that the area is indeed a critical habitat and needs special protection from threats, including reclamation,” said Villar.

She added that the proposed coastal bay project shall cause environmental damage of such magnitude, as to prejudice the life, health or property of residents of the cities of Las Piñas and Parañaque.

Villar said the appellate court “has failed to orient itself properly when it disposed of the case”, raising doubts whether the fundamental right of the people to a balanced and healthful ecology had been considered in its full and proper context.

The appeals court, in its April 26 ruling, said Villar’s petition “lacks merit and is premature.”

“The Court finds neither legal nor factual bases with which to grant the privilege of the writ of kalikasan. Wherefore, the petition is denied for lack of merit,” the appeals court ruling stated which was concurred in by Associate Justices Rebecca De Guia-Salvador and Samuel Gaerlan.

Villar last year asked the Supreme Court to stop a 635-hectare reclamation project in Manila Bay which she said may impede the natural river flow in her city, destroy the remaining 175 hectare mangrove forest and marine habitat in Las Piñas and Paranaque and cause flooding in many villages.

The firm, All Tech Contractors Incorporated, is pursuing the reclamation of 635 hectare of foreshore areas in Manila Bay which is beside the 175-hectare protected mangroves, lagoons and ponds known as Las Pinas-Paranaque Critical Habitat and Ecotourism Area.

The high court issued the writ and ordered the Court of Appeals to conduct further hearing on the case.

But the appeals court, in its ruling said Villar failed to present evidence to support her allegations that the project would cause environmental damage.

“No credible, competent, and reliable evidence had been presented to support the allegations that the proposed coastal by project would cause environmental damage of such magnitude as to prejudice the lives, health or properties of the residents of Paranaque and Las Piñas. These apprehensions had been disproved by objective, expert and scientific studies of reputable entities with vast international experience,” the decision stated.