Fishers: DENR failed to follow SC’s 2008 order
A fishers’ group on Sunday called out the Department of Environment and Natural Resources (DENR) for failing to fulfill its mandate when it comes to rehabilitation of the Manila Bay.
This pushed Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) to file a petition for a writ of kalikasan and continuing mandamus at the Supreme Court last week, alongside environmental advocates from Kalikasan People’s Network for the Environment.
A writ of kalikasan is a legal remedy that protects a person’s constitutional right to a balanced and healthful ecology. It involves environmental damage that has affected residents of two or more cities or provinces.
A writ of continuing mandamus, on the other hand, is a remedy for when a government agency or official unlawfully neglects their duties when it comes to the enforcement or violation of environmental laws.
Responding to the petition on Wednesday, the DENR said it “remains committed to fulfilling its mandate” in line with a writ of mandamus issued by the Supreme Court in 2008, which ordered the agency to “clean, rehabilitate and improve the water quality in Manila Bay.”
Contrasting statements
However, Pamalakaya on Sunday said it “refutes” the agency’s statement, stressing the DENR issued environmental compliance certificates (ECCs) to reclamation projects despite proofs they are damaging the environment.
“If only the DENR had fulfilled its mandate to protect Manila Bay from destructive projects such as reclamation, then we would not have to go to the Supreme Court to ask for the appropriate relief,” Pamalakaya vice chair Ronnel Arambulo said in a statement.
The DENR had said it was “fully dedicated to implementing measures that ensure compliance with environmental laws and regulations, as well as the rights and livelihoods of local communities, including fishermen.”
The agency added it also “undertook a cumulative impact assessment and commissioned scientists from the University of the Philippines-Marine Science Institute to understand how we can effectively fulfill the mandamus order.”
Not following the law
But Pamalakaya, which is expecting a favorable response from the high court, argued the DENR issued ECCs and area clearances for at least 13 reclamation projects and 10 seabed quarry permits “without first meeting the requirements of the law.”
“We are hoping that the Supreme Court will be in favor of our petition because it was based on the lived experiences of the fishers from Manila Bay,” Arambulo said.
