Lawmakers take up cudgels for paper manufacturer

An administration congressman yesterday deplored what he called the "judicial legislation" committed by a justice of the Supreme Court, who issued two adverse rulings on mining and timber manufacturing that encroached on the sole power of Congress.

In a statement, Agusan del Norte Rep. Leovigildo Banaag questioned the decisions written by Justice Minita Chico-Nazario, who overturned decisions of administrative bodies despite overwhelming evidence to the contrary.

Among the rulings he cited was one concerning PICOP Resources, where the SC first division denied the virgin pulp and paper manufacturer of its 76,000-hectare IFMA from its previous timber license agreement with the DENR.

"Her (Nazario’s) decision dunned PICOP for not paying the forestry charges over its concessions, when in truth PICOP is about the only consistent responsible forestry operator in the country," said Banaag, who heads the House committee on natural resources.

"A DENR certification attests to the fact that PICOP paid its obligations. In fact, it turned out that PICOP is responsible for the payment of 80 percent of all forestry charges in Caraga, and 60 percent of all forestry income in the entire country," he said.

Banaag cited another case involving mining, where Nazario — a former presiding justice of the Sandiganbayan — "disregarded all SC rulings with regard to mining rights, and confused a mining permit with mineral rights."

According to Banaag, who is now on his third and last term, mineral rights are "considered property rights by the Constitution," as shown by the recent SC ruling on the case La Bugal-Bilaan Tribal Association vs. former DENR (Department of Environment and Natural Resources) secretary Victor Ramos.

"No less than (another) former DENR secretary, now Zamboanga del Sur Rep. Antonio Cerilles, confirmed that," he said. Banaag delivered a privilege speech at the House of Representatives questioning both Nazario rulings.

In defending Banaag, Cerilles cited Article 12 Section 4 of the 1987 Constitution, which provides that Congress shall "determine by law the specific limits of forest lands and national parks, marking clearly their boundaries on the ground."

Rep. Rolex Suplico of Iloilo City said the Nazario ponencia was a "culpable violation of the Constitution," where the SC "took upon itself a power that exclusively belongs to Congress, pursuant to the Constitution."

"Such encroachment, if not corrected by a reconsideration, should merit impeachment proceedings against (Nazario) to remove her from the bench," Suplico, who belongs to the opposition bloc in Congress, said in a statement.