Calida seeks dismissal of kalikasan petition on WPS

MANILA, Philippines — Solicitor General Jose Calida has asked the Supreme Court (SC) to dismiss the petition of fishermen seeking to compel the government to protect disputed shoals in the West Philippine Sea where Chinese fishermen have reportedly been harvesting marine resources.

Calida argued that the petition filed by a group of fishermen from Palawan and Zambales last April for the issuance of a writ of kalikasan and writ of continuing mandamus ordering the government to protect, preserve and rehabilitate the environment in Panatag Shoal, Ayungin Shoal and Panganiban Reef should be junked for lack of merit.

In a 30-page verified return of writ obtained by The STAR, Calida told the SC that there is no need to compel the government as sought in the petition because it has been performing its duties to protect the environment in the West Philippine Sea.

Calida explained that the respondents ­– Department of Environment and Natural Resources (DENR), Department of Agriculture (DA), Philippine Navy, Philippine Coast Guard, Philippine National Police (PNP), and Department of Justice – have “complied with environmental laws and regulations.”

He informed the Court of actions taken by the agencies for this purpose, including the implementation of the West Philippine Sea Marine Protected Areas Network Strategic Action Plan and Coastal Assessment for Rehabilitation Enhancement that included scientific expeditions in the WPS in 2017.

The programs resulted in the proposal by DENR last year for declaration of Pagasa Island and Eastern Kalayaan as protected areas. Calida said another marine scientific research was conducted last April and May.

The solicitor general further revealed that the agencies have also moved to pursue legal actions against China for the destruction of the marine environment in the WPS.

“Different government agencies, together with the DENR, requested Secretary Hermogenes Esperon Jr. of the National Security Council who is also the chairperson of the National Task Force on West Philippine Sea, to organize a legal team that would explore and study all possible legal actions against the Republic of China for its destruction of the marine environment and indiscriminate extraction of resources in the West Philippine Sea,” he bared.

Calida said the DA, on the other hand, made several apprehensions of foreign fishing vessels in the West Philippine Sea and conducted continuing seaborne operations at Panatag Shoal and the Kalayaan Group of Islands through its Bureau of Fisheries and Aquatic Resources along with the Philippine Navy, Philippine Coast Guard and the PNP’s Maritime Group. He said the Philippine Navy has been providing “logistics for the Unified Command to reinforce actions of the relevant commands of the Armed Forces of the Philippines which perform their respective mandates in the West Philippine Sea.”

Calida said the Philippine Coast Guard, for its part, has been “conducting seaborne and airborne patrolling missions in the West Philippine Sea” and “also constructing lighthouses and aids of navigation in the different islets in the Kalayaan Island Group.” 

The solicitor general also argued that the incidents cited by petitioners were already raised by the government in its case against China before the Permanent Court of Arbitration that ruled in favor of the Philippines in 2016.

“The filing of the case before the Permanent Court of Arbitration was the consolidated action of the Philippine government, made possible through the actual on ground efforts of the public respondents, particularly, by the Philippine Coast Guard, Bureau of Fisheries and Aquatic Resources, and Philippine Navy, among others,” he recalled.

While the government is doing its mandate in the WPS, Calida argued that such duty “transcends mere enforcement of environmental laws” and involves matters that are beyond the power of the judiciary.

“The petition seeks more than its supposition that public respondents should be directed to enforce environmental laws. The actions required are diplomatic and, therefore, political in nature... In reality, the actions demanded by the petitioners are complex, highly sensitive and political in nature, which, we respectfully submit, are not within the province of the judiciary, unless the public respondents have acted with grave abuse of discretion,” read the comment.

“Given the country’s national interest, national policies and evolving strategic landscape, a more deliberate and coherent approach in addressing the West Philippine Sea issue is being pursued for the purpose of orchestrating the national effort and achieving unified action in the West Philippine Sea,” it pointed out.

Apart from these substantive arguments, Calida also cited technical grounds in seeking dismissal of the petition.