THE Court of Appeals (CA) has turned down with finality the plea of Agham Party-list group for the issuance of a writ of kalikasan to stop the mining operations of DMCI Holdings Inc. (DMCIHI) in Barangay Bolitoc, Santa Cruz, Zambales, to avert possible sea surges similar to those that happened in Tacloban City and claimed more than 6,000 lives.
In a two-page resolution written by Associate Justice Myra Garcia-Fernandez, the CA affirmed its ruling issued in December 2014, which dismissed the petition for writ of kalikasan filed by Agham through its president, Angelo Palmones.
The appellate court held that the group failed to raise new arguments that would warrant the reversal of its ruling.
“A perusal of the motion for reconsideration filed by petitioner of this court’s decision promulgated on December 12, 2014, shows that the issues raised and arguments in support thereof have already been given due consideration and resolved,” the CA said.
“Thus, this court finds no new or substantial matters presented to justify a modification or reversal of the assailed decision,” it added.
It can be recalled that, while it denied Agham’s plea for a writ of kalikasan, the CA directed the Department of Environment and Natural Resources (DENR) to closely monitor the mining activities being undertaken by the company to ensure compliance with environmental laws.
It also ordered the contractors and permitees “to technically and biologically rehabilitate the excavated, mined-out and disturbed areas to the condition of environmental safety.”
“To ensure that the laws are observed, this court orders the public respondents to exercise vigilance in closely monitoring the activities and operations being undertaken by DMCIHI and DMCI Mining Corp. in Barangay Bolitoc, Santa Cruz, Zambales,” the CA ruled.
In its petition for a writ of kalikasan, the group accused DMCIHI is undertaking the leveling of the mountain in
Bolitoc to put up a port in the area.
The petitioner, however, claimed that tha permit given by the Philippine Ports Authority (PPA) to DMCIHI does not authorize the latter to cut trees and flatten a mountain and dump its remnants into the sea for its construction.
It noted that the subject land formation being destroyed by the DMCIHI serves a natural barrier of the residents of Zambales and that of the nearby towns of Pangasinan from tyhoons and sea surges.
But in ruling against Agham, the CA held that it failed to prove that there is environmental damage of great magnitude that merits the issuance of the privilege of the writ.
It noted that the cutting of the land formation and establishment of the port was done in 2007, which was seven years before the petition was filed.
Likewise, the CA added that there is no evidence that the local governments or any of their constituents complained of any kind of danger or harm affecting the life and health of the people in Zambales, Pangasinan and nearby towns.