Tañon lawyers warn DOE officials about re-bidding of drilling

Environment lawyers who represented the dolphins and other marine mammals in filing a case against the oil exploration firm in Tañon Strait yesterday warned Energy officials that they may face contempt if they pursue the re-bidding of Service Contract 46 because of the pending cases at the Supreme Court.

SC 46 refers to a 2,580-square-kilometer area of Tañon Strait, a protected seascape between the islands of Cebu and Negros, where the Japex Philippines Ltd. recently held an oil and gas exploration.

But with the reported pullout of an oil exploration firm from Tañon Strait, the Department of Energy announced it might be opened to other interested oil and gas explorers once Japex formalizes its withdrawal.

However, environmental lawyer Benjamin Cabrido, Jr. warned DOE to think twice before making any decision because they may face contempt of court.

“We don’t see any contemptuous act yet because it is still their plan. But once they pursue the plan, we will file a motion to cite them in contempt,” Cabrido told The FREEMAN.

“Service Contract 46 and all other contracts entered into by the DOE are the subject matter of the petition we filed at the Supreme Court questioning their validity,” he added.

The environmental lawyer said that under the 1987 Constitution, the DOE has no authority to enter into a contract with private entities to conduct an oil exploration.

“Let them do it. I challenge them to re-bid it,” Cabrido said adding that they will file an appropriate manifestation at the Supreme Court about the pullout of Japex and plan of the DOE to re-bid SC 46.

The environmental lawyer also said he does not believe that there is no oil or gas deposit in Tañon Strait as claimed by Japex, the reason of their decision to pull out. 

“If there is no oil deposit there why would DOE re-bid it?” he asked. Cabrido said DOE has to seek the permission of the Supreme Court if it would re-bid the contract, which his group has questioned at the High Tribunal.

Despite the pullout of Japex, Cabrido said the Japanese firm is not yet off the hook and they could be penalized if the court later determines they have caused damage to the environment and the marine animals in Tañon Strait.

This as he vowed to continue their case before the high tribunal because they “believe in the merit of their case and Japex exploratory activities have disturbed the peace of marine animals in the protected seascape.”

Cabrido also revealed that the Supreme Court yesterday issued separate resolutions consolidating the case he filed and that of lawyer Dante Ramos.  Cabrido said another resolution warns Japex for not answering the charges against them. — Wenna A. Berondo/MEEV