Whales, dolphins join Arroyo at SC

Believe it or not, President Arroyo is being lumped with animals who are going to court for a strange legal battle that can happen only in the Philippines.

And the president probably does not even know it, she being merely lumped in the case as an “unwilling petitioner. “

And it is no ordinary court they are going to but the Supreme Court, which is in for an unprecedented surprise when it is expected to be asked today to rule on “ lesser life forms “ perceived to be under imminent threat by human commercial endeavors.

In an eyebrow-raising tack, a group of environmentalists and cause-oriented activists is naming “ resident mammals “ of the Tanon Strait as “ petitioners “ in a case for injunction to stop oil exploration in the narrow waterway that separates the islands of Cebu and Negros.

Arroyo will be named as “ unwilling petitioner “ along with the main complainants — whales, dolphins, porpoises and other cetaceans known to inhabit the Tanon Strait.

The petition is expected to name Energy Secretary Angelo Reyes, Environment and Natural Resources Secretary Jose Atienza and Agriculture Secretary Arthur Yap.

Also expected to be named respondents are DENR regional director Leonardo Sibbaluca, BFAR director Malcolm Sarmiento, and BFAR regional director Andres Bojos, along with the Japan Petroleum Exploration Company which is doing the drilling for oil in the strait.

A battery of so-called “ human representatives “ are filing the petition on behalf of the “ resident mammals. “ They are lawyers Gloria Estenzo Ramos, Antonio Oposa and Lisa Osorio, Vince Cinches of the Central Visayas Fisherfolk Development Center and Mayor Edward Hagedorn of Puerto Princesa.

Another lawyer, Benjamin Cabrido Jr., explained that Arroyo is being included as an “ unwilling petitioner “ because she signed several treaties and international conventions for the protection of the environment.

Cabrido admitted that the animal “ petitioners “ may not have, in the strictest sense, the legal personality to sue under Philippine law but that this can be remedied because they have legal guardians to represent them

Cabrido said the petition hopes that the Supreme Court will recognize the legal standing of the animal “ petitioners “ on the ground that these creatures are beneficiaries of various stipulations under international environmental instruments that ensure their perpetuation as living species and the preservation of their habitats.

 “We cited several doctrines such as the hard look doctrine now being applied in the United States and European countries which are also included in the General Principles of the United Nations Charter for Nature, “ Cabrido said.

Under the doctrine, the burden would no longer be on petitioners to prove violations of environmental law but on respondents to prove compliance in accordance with the law, Cabrido said.

When asked for comment, one of the respondents, DENR regional director Leonardo Sibbaluca, said he is not afraid of the complaint that has been filed because the representatives of the petitioners are free to do so.

“ Let them complain because it is their privilege and let the court decide about the matter. We are just implementing bodies here, ” he said.

Department of Energy regional director Antonio Labios said he is sure the agency’s legal department can amply answer the charges before the Supreme Court.

Labios said the oil drilling being currently undertaken by Japex would end by the first week of January once it reaches the seabed, estimated to be at a depth of 3,000 meters.

Aside from the petition filed on behalf of the animals and Arroyo, a similar petition for injunction is expected to be filed by the same personalities and groups acting as guardians of the petitioners, also with the Supreme Court, this time on behalf of people’s organizations.

Japex started drilling last November to determine the quality of oil and gas deposits discovered in the area.

The Department of Energy awarded the exploration contract to Japex in February 2005.

The firm has committed to invest up to $12.7 million over a seven-year exploration program.

Since the area has been declared a protected seascape, the contract operator had to secure an environmental compliance certificate from the government, which was granted in March 2007.

If the oil and gas reserves in the area are proven to be of commercial value, Japex and its partners would be given another 25 years to bring the area into commercial production. (/JST)