SC junks fisherfolk petition for kalikasan writ over WPS

MANILA, Philippines — Forty-seven days after the Integrated Bar of the Philippines (IBP) withdrew its petition for a writ of kalikasan, the Supreme Court (SC) yesterday dismissed the petition urging the Duterte administration to protect parts of the West Philippine Sea (WPS).

Voting 15-0, the SC issued a resolution dismissing the case filed by 40 fishermen from Palawan and Zambales against the Department of Environment and Natural Resources (DENR).

The petitioners had sought the issuance of a writ of kalikasan and a writ of continuing mandamus over the Ayungin Shoal, Panganiban Reef and Panatag Shoal. 

In the resolution, the SC pointed out the “unusual proceedings” that occurred during the oral arguments last July 9 when the Office of the Solicitor General (OSG), as counsel for respondents, presented sworn statements from some of the petitioners saying they had no idea of the petition.

The IBP was given time to confer with their other fisherfolk-clients and only ended up with more fishermen expressing their interest to withdraw as complainant in the writ of kalikasan petition. 

In the SC resolution, the magistrates reminded the parties of the procedural and substantive requirements in petitions for the issuance of a writ of kalikasan and writ of continuing mandamus that must be complied with upon their filing. 

The counsels, led by Jose Manuel Diokno, were cautioned that they should be ready with their evidence before they seek the issuance of extraordinary writs. 

 “Due to the unusual procedural developments of the case, the SC… emphasized that counsels should establish and maintain a form of communication with their clients at all times. Mere difficulty in contacting clients should not be used by counsels as an excuse to renege on their duties and to disengage from their commitments,” the SC said in a statement. 

The SC also warned the lawyers of the petitioners that a similar infraction in the future would be dealt with more severely. 

The SC no longer tackled any of the substantive issues raised in the petition.