SC junks motion to cite DENR in contempt over 'Manila Bay Sands' project
MANILA, Philippines — The Supreme Court has denied the motion of progressive group Akbayan to intervene in the landmark case ordering Manila Bay rehabilitation and to cite the Department of Environment and Natural Resources in contempt over its controversial artificial white sand beach project.
In a statement on Thursday, the SC Public Information Office said that the case is already final and executory and “its jurisdiction is limited only to the full implementation of the mandated reliefs.”
Akbayan sought to intervene in the 2008 case and asked the SC to cite the DENR in contempt for allegedly violating the continuing mandamus the court issued over the department’s controversial “beach nourishment” project.
The project involved filing the stretch of the bay’s shore with crushed dolomite—which environmental groups have raised may pose risk to the marine ecosystem but also in communities around the area.
The SC however said intervention is not viable since the case has long been final and is now in execution stage.
“From the finality of the decision containing the writ, the jurisdiction retained by the Court is limited only to ensuring the successful implementation of the mandate reliefs,” the SC PIO added.
No violation of mandamus yet
In line with the continuing mandamus issued by the SC, the government agencies are called to submit to the court a quarterly progressive report of the activities they have undertaken following the court ruling.
The SC PIO however said the court has not yet found any violation of the continuing mandamus, as it noted that the DENR has not been remiss in its reportial duty to the Manila Bay Advisory Committee, chaired by Chief Justice Diosdado Peralta.
“This is evident from the compliance report, duly made of record containing a detailed resume of the works accomplished, concluded and maintained within the bay and its environs,” the SC PIO added.
‘Dolomite beach’
The SC also noted that the controversial dumping of crushed dolomite project came from the DENR’s “beach nourishment” program and is “not an allied or related activity sanctioned by the writ.”
Thus, the controversial project “could hardly be objectively measured as a deviation from the government’s mandate as defined in the said writ.”
The SC PIO said that contention is bred only when they will look into the hazardous potential of dolomite, but noted that it involves a factual issue, not ordinarily entertained by the high court.
“It is a challenge that properly lies in the realm of political questions which the Court may not venture into even incidentally in contempt proceeding under the given circumstances,” it added.
In October, Peralta asked the DENR to submit a report on studies and findings on the effects of dolomite on people following the chief justice’s meeting with Environment Secretary Roy Cimatu and other officials.
SC spokesperson Brian Hosaka said then that Peralta's request was given as chairperson, and on behalf of the SC Manila Bay Advisory Committee. "In fact, the Chief did not make any comment with regard to the dolomite beach because of the pending matter before the SC," he added.
The SC has yet to release the voting results, only noted that Associate Justice Marvic Leonen has submitted a separate opinion.
A copy of the full ruling has also yet to be made public.
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