THE Supreme Court has dismissed a petition for a writ of kalikasan seeking to stop the Inter-Agency Task Force (IATF) for the Management of Emerging Infectious Diseases from cutting the trees at the Nayong Pilipino compound in Parañaque City to give way for the establishment of a mega vaccination site for Covid-19.
In a four-page resolution, the Court en banc held that the petition for writ of kalikasan and writ of continuing mandamus filed by former Boac, Marinduque Mayor Pedrito Nepomuceno against the IATF was insufficient in form and substance, thus, warranting its dismissal.
It noted Nepomuceno’s petition suffered formal defects as it was unsigned, unverified and unaccompanied by a certification of non-forum shopping.
It also noted that the petition failed to show proof of service to the adverse parties and payment for Sheriff’s Trust Fund.
On the substantive requirements, the Court said the petitioner failed to identify the environmental laws that may be violated or threatened, and the environmental damage of such magnitude as to put at risk the life, health or property of inhabitants in two or more cities or provinces to warrant the issuance of a writ of kalikasan.
“Nepomuceno’s invocation of the State’s responsibilities to protect and advance the people’s right to a balanced and healthful ecology and preserve and protect the environment, without identifying the respondents’ unlawful act or omission, is insufficient to justify the issuance of the writs prayed for,” the SC said.
Furthermore, the Court noted that the petition is not supported by any evidence other than online articles discussing the proposed vaccination center.
“Verily, unverified news articles on the Internet are hearsay evidence, twice removed, and are thus without any probative value. All told, the petition is insufficient both in form and substance,” the Court declared.
Nepomuceno filed the petition last May 11, 2021 against the IATF in a bid to prevent the cutting down of trees at the Nayong Pilipino compound.
Nepomuceno, in his petition, argued that the establishment of the vaccination center will destroy the environment and violate environmental laws.
He claimed that the proposed vaccination center did not undergo the mandatory Environmental Impact Analysis by the Department of Environment and Natural Resources (DENR) and had no Environmental Compliance Certificate.
He added that the IATF failed to conduct consultation with concerned local government units.
Last, in view of the disagreement between the government and the Nayong Pilipino Foundation, Nepomuceno argued that the issue of “environment or life” was brought to light.
Thus, Nepomuceno said the Court should decide whether the government should prioritize the health and well being of Filipinos over environmental preservation.