The coal-fired thermal power plant, the Subic Watershed Forest Reserve and the Writ of Kalikasan

In 1992, then President CORAZON C. AQUINO, issued Proclamation No. 926 to “withdraw from sale, entry, settlement, exploitation, exploration and other forms of disposition, subject to private rights, if any there be, and set aside and declare Subic Watershed Forest Reserve to protect and preserve the rare biological diversity of the flora and fauna therein and keep intact the productive capacity of the hydrologic unit supplying the developable portions of the Subic Bay Military Reservation…”

The initiative of the present administration of the Subic Bay Metropolitan Authority (SBMA) to “institutionalize public consultations for environmentally sensitive projects to give stakeholders a voice in determining development directions and ensure transparency in the Subic Bay Freeport,” is legally sound, duly commendable and must be fully supported by all stakeholders.

Just recently, SBMA conducted a stakeholders’ consultation process to understand and consolidate the opinions of various concerned sectors on the coal-fired thermal power plant being proposed for construction at the Redondo Peninsula. At the moment, according to SBMA, only a site preparation permit has been issued to the consortium that owns the proposed coal-fired thermal power plant.

Hopefully, the residents, fisher-folks, businesses such as resorts, hotels, amusement parks and water utilities, contiguous to and within the Subic Bay Freeport Zone (SBFZ), wouldn’t have to resort to legal relief and remedies - such as the “Writ of Kalikasan” - to save and protect the pristine forest, coast and waters of Subic Bay, consistent with and pursuant to Proclamation 926, Republic Act No. 7227 and other pertinent environmental laws.

No matter how one looks at it, a coal-fired thermal power plant appears anathema to SBFZ’s thrust as a prime eco-tourism destination and health and retirement haven. According to news reports, Subic already surpassed Baguio in terms of numbers of visitors. With its vision of becoming a part of cruise ship itineraries, a world-class leisure- and resort-type residences, and preferred meetings, incentives, conventions and exhibitions (MICE) venue, a coal-fired thermal power plant ominously jutting out across the bay would be a huge turn-off and disappointment. The equally important protection of several endangered species such as fruit bats and marine turtles ought not to be discounted.

Should the threat of a coal-fired thermal power plant persist, the effectivity of the Supreme Court-sanctioned “The Rules of Procedure for Environmental Cases” would be tested.

There it provides for the extraordinary remedy called “Writ of Kalikasan.” The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.” (Section 1, Rule 7)

According to the Supreme Court (SC), “the underlying emphasis in the Writ of Kalikasan is magnitude as it deals with damage that transcends political and territorial boundaries. Magnitude is thus measured according to the qualification set forth in this Rule — when there is environmental damage that prejudices the life, health or property of inhabitants in two or more cities or provinces.”

“The petition for the issuance of a Writ of Kalikasan can be filed by any of the following: (1) a natural or juridical person; (2) entity authorized by law; or (3) people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency “on behalf of persons whose constitutional right to a balanced and healthful ecology is violated… involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.”  Those who may file for this remedy must represent the inhabitants prejudiced by the environmental damage subject of the writ. The requirement of accreditation of a group or organization is for the purpose of verifying its existence. The accreditation is a mechanism to prevent “fly by night” groups from abusing the writ.”

“The Writ of Kalikasan is a special remedy available against an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces,” adds the SC.