Protected marine life go to court

Whales, dolphins and porpoises that inhabit the Tañon Strait Protected Seascape, a protected marine area between Negros and Cebu, are “asking” the Supreme Court to stop the oil exploration being conducted in the area by the Japan Petroleum Exploration Co. (JAPEX) as represented by its Philippine agent, Supply Oilfield Services.

In their 32-page petition filed through their “legal guardians” Gloria Estenzo Ramos and Rose Liza Eisma-Osorio, the marine mammals tagged as respondents Energy Secretary Angelo Reyes, Environment Secretary Lito Atienza and Agriculture Secretary Arthur Yap.

Also included as respondents in the petition were Leonardo Sibbaluca, chairperson of the Tañon Strait Protected Seascape Management Board; Bureau of Fisheries and Aquatic Resources Director Malcolm Sarmiento, BFAR Regional Director Andres Bojos and JAPEX as represented by Supply Oilfield Services.

The stewards of the petitioners said they have decided to go straight to the High Court instead of going through the principle on the hierarchy of the courts, citing the imminent threat of their clients’ extinction.

In their petition, the marine mammals said Tañon Strait was declared as a “protected seascape” on May 27, 1998 by then President Fidel Ramos, a scuba diving enthusiast, with the signing of Presidential Decree No. 1234. With the declaration, Tañon Strait was covered by Republic Act 7586 (An Act Providing for the Establishment and Management of National Integrated Protected Areas System or “The NIPAS Act”).

On Dec. 21, 2004, the Department of Energy signed Service Contract No. 46 with JAPEX for oil exploration and drilling in a 2,850-kilometer area offshore of Tañon Strait.

In May and June 2005, the DOE conducted a seismic survey over the exploration area. According to the petitioners, no environmental impact assessment survey was done prior to the seismic survey.

After the conduct of the seismic survey, a study was made on its effects. According to the petitioners, the study found that there was reduced fish catch caused by the destruction of 136 “payao” or artificial reefs. In addition, the study also found that there was fish kill in the area.

The petitioners added that the DENR later granted JAPEX an environmental clearance certificate (ECC) last March even without the required public consultations with the affected stakeholders.

Last Nov. 16, the petitioners said JAPEX started to drill a 3,150-meter hole some three kilometers west of Pinamungajan town in western Cebu. According to the petitioners, the drilling and blasting operation which is being done round-the-clock “creates high level of decibels” which affects the marine mammals and their habitat.

In filing the petition, the guardians of the petitioning mammals also told the Court that the affected whales and dolphins have legal standing to file the petition and are the “real parties in interest.”

“The real party in interest is the party who stands to be benefited or injured by the judgment in the suit or the party entitled to the avails of the suit,” the guardians of the petitioning mammals said.

The guardians also asked that the Court recognize the petitioners as “Filipino mammals” thereby giving them constitutional benefits.

“By analogy and owing to their choice of domiciliary at and around Tañon Strait, it may not be too much to ask Your Honors to declare Your petitioners as Filipino mammals, thereby according them the foregoing constitutional benefits,” the guardians said.

In addition, the petitioning mammals, through their guardians, have requested the Court to set the petition for oral argument where they could present expert witnesses such as marine biologists Dr. Angel Alcala of the Silliman University and Dr. Lemuel Aragones of the University of the Philippines to prove that the marine ecosystem of Tañon Strait “will be irreversibly damaged if the oil exploration, drilling and blasting (are) not enjoined.”