SC affirms denial of Writ of Kalikasan vs Greater Manila Area sewer system

MANILA, Philippines — The Supreme Court affirmed the Court of Appeals’ decision to deny a Writ of Kalikasan petition over the implementation of a "combined drainage-sewerage system” across the greater Manila area. 

In a decision released on Wednesday, the high court elaborated on its decision after the arguments presented by the consumer watchdog group, Water For All Refund Movement, Inc. “...failed to demonstrate its entitlement to a Writ of Kalikasan.” 

WARM filed a petition at the Court of Appeals for a Writ of Kalikasan in 2013 against the Metropolitan Waterworks and Sewerage System and its two concessionaires, Manila Water and Maynilad, over the implementation of a “combined drainage-sewerage system" without securing permits from the environment and health departments.

The group alleged that the combined system put in place by the three respondents resulted in environmental damage so much so to “prejudice x x x the life, health or property of the inhabitants of Metropolitan Manila and the adjacent provinces of Rizal, Cavite, and Bulacan, representing the service areas of respondent MWSS.” 

The SC ruled in May that the Maynilad and Manila Water Company Inc. are public utilities. 

SC: No evidence of environmental harm

“WARM is adamant that the resulting environmental damage is a foregone conclusion. However, the establishment of environmental damage should not be confined to a 'stringent demonstration' thereof,” the decision read.

In affirming the decision, the top court said WARM combined the requirements needed to be able to secure the Writ of Kalikasan with the application of the precautionary principle — which requires action when there is a risk of serious or irreversible harm to the environment, even if the science is uncertain.

The high court said that the “meager” evidence presented by WARM, which they noted comprised “sparse research”, was insufficient to grant the issuance of the writ. 

“Under the guise of claiming environmental damage and harm, WARM and other parties praying for the issuance of a Writ of Kalikasan must not expect courts of law to ascertain environmental damage where none is alleged, much less proven. The possibility of irreversible and serious harm is not established by obsolete and irrelevant data such as that presented in this case,” the SC said.

Publicly-listed conglomerates, DMCI Holdings, Inc. and Metro Pacific Investments Corp., issued separate disclosures indicating receipt of the copy of the SC decision on March 28. The two firms, alongside Japanese conglomerate Marubeni Corp., manage the consortium that runs Maynilad. 

Maynilad told Philstar.com that it runs its business and its facilities “with due regard for the environment.” 

“We welcome the Supreme Court's denial of WARM's petition for the issuance of a Writ of Kalikasan on Maynilad's use of the combined drainage-sewerage system, which (by the way) is allowed both by the Sanitation Code of the Philippines and Maynilad's franchise,” it said in a statement. 

Shares in DMCI ended trading 0.21% down at P9.37 apiece while MPI ended flat at P4.92 each on Thursday. Manila Water shares inched 0.22% down to P18.46 apiece.