SC sets debates on Writ of Kalikasan for parts of West Philippine Sea

MANILA, Philippines — The Supreme Court will hear arguments a plea by Palawan fisherfolk for a writ of kalikasan for the rehabilitation and protection of the marine environment in Scarborough Shoal, Ayungin Shoal and Panganiban Reef in the West Philippine Sea.

The SC en banc set oral arguments on the Kalayaan Palawan Farmers and Fisherfolk Association’s petition on June 25.

The high court, in a special en banc session on May 3, issued the Writ of Kalikasan “to prevent violations of Philippine environmental laws in Philippine Waters and in the Philippine Exclusive Zone.”

The group is seeking the issuance of a Writ of Kalikasan and the Writ of Continuing Mandamus to “prevent and prosecute violations of Philippine environmental laws in Philippine waters and in the Philippine Exclusive Economic Zone (EEZ).”

The writ of kalikasan is a remedy formulated by the court to better protect the rights of the citizens to a balanced and healthful ecology as enshrined in the Constitution. It is a remedy available for persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity.

The group also asked the SC to compel the government to protect and rehabilitate the Panatag Shoal or Scarborough Shoal, Ayungin Shoal, and Mischief Reef or Panganiban Reef, which are part of our EEZ.

The petitioners also asked the SC to direct the named government officials as respondents to "permanently cease and desist from neglecting the performance of their duties in violation of environmental laws resulting in environmental destruction or damage."

“There is an actual violation of Petitioners’ constitutional right to a balanced and healthful ecology arising from the omissions, failure, and/or refusal of respondents to enforce Philippine laws in Panatag Shoal, Ayungin Shoal and Panganiban Reef,” the petition read.

“Chinese fishermen harvested endangered and threatened species and used cyanide and explosives in their fishing. Foreign entities engaged by Chinese authorities constructed and damaged coral reefs in the process,” the petitioners added.

The government has yet to file its Return of the writ or comment on the petition.