Sereno renews call for enforcement of kalikasan court orders

MANILA, Philippines – Chief Justice Ma. Lourdes Sereno has renewed her call on authorities to enforce court orders on various projects affecting natural environment in the country.

On the sidelines of the 3rd Asian Judges Symposium on Law Policy and Climate Change at the Asian Development Bank last Monday, the Supreme Court chief again lamented the slow implementation of the writ of kalikasan and temporary environmental protection order.

She said she plans to discuss the matter with the leadership of the Philippine National Police.

Sereno said she will discuss again with the police how to fast-track the enforcement of the writ of kalikasan issued by the courts.

She expressed concern about the slow enforcement of such writs, adding that during the previous administration she discussed the matter with the PNP but that she would again be willing to do the same with the present leadership.

“I have tried that with the previous leadership so that we can have an understanding the moment these issuances are served on them. They have to act forthwith,” Sereno told reporters in an ambush interview during the event at the ADB headquarters in Mandaluyong City where she was keynote speaker.

Sereno said she would also raise the matter with local government units and other executive agencies.

“I would really try to find out if the court processes are promptly being respected and complied with in this country. We have to find out what more we can do to ensure that court processes are immediately acted upon and I hope to engage the PNP leadership on this,” Sereno added.

For this purpose, the SC chief said there is a need to do an audit on the implementation of the writ of kalikasan.

Sereno said the enforcement of the writ is just one of the challenges faced by courts when it comes to issues or cases about environmental protection.

The SC has acted on several petitions on the issuance of writ of kalikasan including last June when it issued the writ and a temporary environmental protection order against five mining firms – Benguet Corp. Nickel Mines Inc., Eramen Minerals Inc., LNL Archipelago Minerals Inc., Zambales Diversified Metals Corp., and Shangfil Mining and Trading Corp. – operating in the province of Zambales.

A writ of kalikasan is a legal remedy that provides for the protection of one’s right to “a balanced and healthful ecology in accord with the rhythm and harmony of nature,” as provided for in Article II Section 16 of the 1987 Constitution.