Supreme Court issues writ against mining activities in Zambales

SC issues writ of kalikasan against mining activities in Zambales



The Supreme Court (SC) has issued a writ of kalikasan against companies, officials and government agencies directly and indirectly involved in the leveling of a mountain in Sta. Cruz, Zambales, and converting the place into a seaport.

In a June 13 decision, the high court said it was issuing the writ against Environment and Natural Resources Secretary Ramon Paje, Philippine Ports Authority general manager Juan Sta. Ana, LNL Archipelago Minerals Inc. (LAMI) president Lawrence Lenio and general manager Philip Floria, as well as provincial and regional police offices in the area.

The writ is a special remedy under Philippine law, which protects people's right to a healthy environment, and issued to compel violators to stop acts damaging the environment as well as restore and rehabilitate it.

The case stemmed from a 12-page petition filed by Agham Partylist Rep. Angelo B. Palmones last June 11.

Palmones alleged that the activities of LNL Archipelago–a Mandaluyong-based miner operating in Zambales–were destroying the natural barriers of the province from typhoons and floods. Residents were not consulted before the firm started working over the area, the lawmaker noted.

"LAMI is destroying and continues to destroy the environment by cutting mountain trees and leveling a mountain to the damage and detriment of the residents of Zambales without any of the concerned government agencies and officials stopping such illegal actions," Palmones said in his petition.

Trees in the area were reportedly being cut as LNL Archipelago tried to level the mountain and convert it into a seaport for shipping chromite-rich soil from the Philippines to China.

In a two-page notice of resolution signed by SC clerk of court Enriqueta Vidal and released to media on Wednesday, the high court said it was referring Palmones' case to the Court of Appeals.

"The court resolved to refer the case to the Court of Appeals for acceptance of the return of the writ and for hearing, reception of evidence and rendition of judgment," the high court said.

In his petition, Palmones said he and House committee on ecology chair Rep. Danilo Fernandez went to the mining site last April and were able to confirm what LNL Archipelago was doing to the environment.

When they arrived in the area, Palmones said heavily armed men confronted them.

Palmones said he already asked Paje to issue a cease and desist order against the company, but the DENR chief allegedly did not heed his request.

LNL Archipelago insisted and justified to residents that it was able to secure an environmental compliance certificate from the DENR and a construction permit construct from the Philippine Ports Authority.

Palmones, however, argued that the construction permit did not mean the mining firm can cut down trees or flatten the mountain. The lawmaker also insisted that an ECC was only a "planning tool" and not a permit. —VS, GMA News