The Philippine Supreme Court has issued a Writ of Kalikasan against the Department of Environment and Natural Resources (DENR), Mines and Geosciences Bureau (MGB), Ipilan Nickel Corporation (INC), and Celestial Nickel Mining and Exploration Corporation (Celestial Mining).
The court’s order mandates that the entities respond with a verified return of the writ within a non-extendible period of 10 days from receipt of the order.
The decision, reached during deliberations yesterday, August 15, comes as a response to a Petition for Writ of Kalikasan filed by the Indigenous Cultural Communities (ICCs) of BICAMM Ancestral Domain, in Brooke’s Point, Palawan. The petition raised concerns about alleged environmental violations and damages caused by mining operations conducted by INC and Celestial Mining.
The core issue revolves around the Mineral Production Sharing Agreement (MPSA) entered into by the Republic of the Philippines and Celestial Mining in 1993. This agreement covered a substantial 2,835.06-hectare land area within Brooke’s Point, Palawan, with INC as the designated mining operator.
According to the ICCs, these operations have taken place within the boundaries of the National Integrated Protected Areas System, particularly the ecologically significant Mt.
Mantalingahan Mountain range. Despite the expiration of an Environmental Compliance Certificate (ECC) in 2015 and other regulatory setbacks, according to the Supreme Court, INC and Celestial Mining continued their activities, which are alleged to have caused deforestation and environmental degradation in the area.
The Supreme Court’s decision to grant the writ of kalikasan highlights the validity of the ICCs’ claims. The Court found several grounds for issuing the writ, including the alleged overlap of mining operations with protected areas, the illegal extension of the MPSA, unauthorized tree-cutting, and the lack of necessary permits and endorsements.
Furthermore, the Court invoked the precautionary principle, emphasizing that project proponents must address concerns about potential environmental harm and provide evidence to dispel such concerns. This places the burden of proof on the mining corporations and government agencies, urging them to demonstrate that their operations do not pose serious and irreversible harm to the environment and the residents of the affected areas.