Case Digest (G.R. No. 207257)
Facts:
Hon. Ramon Jesus P. Paje, in his Capacity as Secretary of the Department of Environment and Natural Resources (DENR), et al., G.R. Nos. 207257, 207276, 207282, 207366, February 03, 2015, Supreme Court En Banc, Del Castillo, J., writing for the Court. Petitioners included Hon. Ramon Jesus P. Paje (DENR Secretary), Subic Bay Metropolitan Authority (SBMA) and Redondo Peninsula Energy, Inc. (RP Energy); respondents were a group of citizens and public-interest actors led by Teodoro A. Casino (the “Casino Group”), who filed a Petition for Writ of kalikasan alleging that RP Energy’s planned coal-fired power plant at Sitio Naglatore, Mt. Redondo, Subic Bay Freeport Zone (SBFZ) would cause grave transboundary environmental harm.Chronology: SBMA and Taiwan Cogeneration/Taiwan Cogeneration Int’l entered MOUs (2006); DENR issued an ECC for a 2x150 MW coal plant on December 22, 2008. RP Energy succeeded as proponent (2008), submitted an EIS, then sought amendments to the ECC: a first amendment (July 8, 2010) to add marine/ancillary works via an EPRMP; a second amendment (May 26, 2011) to change configuration to 1x300 MW via a PDR; and later a third amendment (Nov. 15, 2012) seeking 2x300 MW. SBMA and RP Energy executed a Lease & Development Agreement (LDA) on June 8, 2010. Local councils passed resolutions opposing the plant; the NCIP issued a Certificate of Non-Overlap (CNO) only on October 31, 2012.
Procedural history: On July 20, 2012 the Casino Group filed a Petition for Writ of kalikasan in the Supreme Court; the Court issued the writ and referred the matter to the Court of Appeals (CA), which, after trial and the parties’ evidence, denied the privilege of the writ (Jan. 30, 2013) but nonetheless invalidated the ECC (Dec. 22, 2008), its first and second amendments, and the LDA for noncompliance with Section 59 of RA 8371 (IPRA) and Sections 26–27 of the Local Government Code (LGC), and for procedural defects. The CA denied r...(Subscriber-Only)
Issues:
- Whether the Casino Group proved an actual or threatened environmental damage of the magnitude required for a writ of kalikasan.
- Whether defects in the ECC (lack of Mr. Luis Miguel Aboitiz’s signature on the Statement of Accountability) invalidate the ECC.
- Whether the first and second amendments to the ECC were invalid for failure to undergo a new EIA (i.e., whether an EPRMP/PDR sufficed).
- Whether a Certificate of Non-Overlap (CNO) under Section 59 of the IPRA Law is a precondition to issuance of an ECC.
- Whether a CNO under Section 59 of the IPRA Law is a precondition to consummation of the Lease and Development Agreement (LDA) between SBMA and RP Energy and whether lack of a prior CNO invalidates the LDA.
- Whether prior approval of the concerned sanggunian under Sections 26 and 27 of the Local Government Code is necessary before implementing the power plant project within the Subic Special Economic Zone (SSEZ). ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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