G.R. No. 213426 - Citizens for a Green and Peaceful Camiguin, Sulog, Inc. vs. King Energy Generation, Inc.

Petitioners comprised of various citizen groups and individuals filed twin petitions before the Court of Appeals (CA) for the issuance of writs of kalikasan and continuing mandamus.
The petitions challenged the establishment and construction of a diesel power plant by King Energy Generation, Inc. (KEGI) in Sitio Maubog, Barangay Balbagon, Mambajao, Camiguin.
Respondents included KEGI, the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR), Barangay and Municipal Governments of Camiguin, and the Camiguin Electric Cooperative (CAMELCO).

The power plant allegedly violated their constitutional right to a balanced and healthful ecology and multiple environmental laws.
Petitioners faulted the EMB and local government units for purportedly allowing the plant’s construction despite lack of compliance with environmental regulations.
CAMELCO was implicated for entering into contracts with KEGI without compliance with applicable laws.
Specific claims included:

Violation of the precautionary principle due to potential “innumerable” health, safety, and environmental hazards.
Absence of an Environmental Compliance Certificate (ECC), required under PD No. 1151 and PD No. 1586.
Lack of presidential approval as required by Proclamation No. 1801.
Non-compliance with public consultation requirements mandated under Sections 26 and 27 of the Local Government Code (LGC).
Illegal reclassification of land use from agricultural to industrial without public hearings, violating Memorandum Circular No. 54.

The writ of kalikasan was unavailable because the alleged environmental damage did not affect two or more cities or provinces, a mandatory jurisdictional requirement under the Rules of Procedure for Environmental Cases (RPEC).
The writ of continuing mandamus was improperly filed before the CA instead of the Regional Trial Court (RTC).

Petitioners’ Motion for Reconsideration was denied on 27 June 2014, with the CA advising petitioners to file their case before the proper court and noting existing remedies before the RTC.

Petitioners argued that the writ of kalikasan should be available despite Camiguin’s insular nature, emphasizing the precautionary principle and their constitutional right to a balanced ecology.
The EMB and local government respondents asserted that:

The CA correctly dismissed the petitions because the writ of kalikasan requires environmental damage sufficiently grave to affect inhabitants in two or more cities or provinces.
The writ of continuing mandamus is not a free choice of venue and must respect the judicial hierarchy.
The precautionary principle cannot bar all human activities on speculative grounds.
The diesel plant’s emissions were not proven harmful and similar plants operate safely elsewhere in the country.
Since the project was not covered by the Philippine Environmental Impact Statement System (EIS), a Certificate of Non-Coverage (CNC) sufficed instead of an ECC.
The project complied with relevant environmental laws including the Clean Air Act and Clean Water Act.

CAMELCO denied entering into a construction contract, clarifying its agreement was a Power Supply Agreement to buy electricity from KEGI.
KEGI contended that diesel power technology is safe, cited compliance with all permitting requirements, and rebutted claims of environmental harm.

Whether the Court of Appeals erred in dismissing the petitions for issuance of the writs of kalikasan and continuing mandamus for failure to meet procedural and substantive requirements under the RPEC.