SC issues writ of kalikasan vs DENR, miners in Palawan
MANILA, Philippines (Update 1, 9:33 a.m., August 17, 2023) — The Supreme Court has issued a writ of kalikasan against the Department of Environment and Natural Resources and mining firms operating in southern Palawan, whose activities could pose “serious and irreversible” harm to the environment and communities.
Residents and indigenous communities strongly oppose mining operations in Brooke’s Point town as the project area of the mining operators overlaps their ancestral territory and a protected area. They said the extraction of nickel ore affects their livelihood and way of life.
The Supreme Court on Tuesday issued a writ of kalikasan against the DENR, Mines and Geosciences Bureau, Ipilan Nickel Corporation, and Celestial Nickel Mining and Exploration Corporation. They are required to provide evidence to dispel concerns about the potential impacts of the project to the environment.
A writ of kalikasan is a legal remedy for persons or organizations whose constitutional right to a balanced and healthful ecology is violated or threatened. The indigenous Pala’wan communities filed a petition for the protective writ.
The court found the mining operations of INC and Celestial Mining “may cause irreparable environmental damage” to the Mt. Mantalingahan mountain range and the ancestral domain of Pala’wan communities. Mt. Mantalingahan, which was granted protected area status in 2009, has high floral and faunal diversity and endemism, and is considered sacred by Pala’wans.
“The continued mining operations and excavation of nickel minerals lead to environmental damage in the said mountain ranges, as exhibited by extreme flooding and contamination of fishing areas, which continually prejudice the life, health, and property of the residents,” the SC said.
“The same applies to the DENR and MGB, whose inaction over the strong pleas of the residents of Brooke’s Point shows their indifference to the rights of indigenous cultural communities to a balanced and healthful ecology,” the court also said.
'Good precedent'
Lawyer Grizelda Mayo-Anda, executive director of Palawan-based Environmental Legal Assistance Center, called the issuance of a writ of kalikasan a “good precedent” for the province in future cases involving mining and other extractive projects.
“We hope that similar writs can be initiated to protect Palawan's forests and biodiversity,” she said.
Last week, the National Commission on Indigenous Peoples ordered Celestial Nickel Mining Corp. and its operator, Ipilan Nickel Corp., to immediately cease and desist from mining nickel ore in Brooke’s Point.
The stoppage order will only be lifted once the operator submits proof that it secured the required certification precondition and consent from Pala’wan communities.
Early this year, residents of Brooke’s Point set up a barricade in front of INC’s mining site to prevent the transport of nickel ore.
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