Case Digest (G.R. No. 180771)
Facts:
Resident Marine Mammals of the Protected Seascape Tanon Strait, e.g., Toothed Whales, Dolphins, Porpoises, and Other Cetacean Species, joined in and represented herein by human beings Gloria Estenzo Ramos and Rose‑Liza Eisma‑Osorio, in their capacity as legal guardians of the lesser life‑forms and as responsible stewards of God's creations, petitioners, v. Secretary Angelo Reyes et al., G.R. No. 180771; and Central Visayas Fisherfolk Development Center (FIDEC) et al. v. Secretary Angelo Reyes et al., G.R. No. 181527, April 21, 2015, Supreme Court En Banc, Leonardo‑De Castro, J., writing for the Court. Both matters were consolidated and resolved by original petitions filed under Rule 65 of the 1997 Rules of Court.The consolidated petitions challenged Service Contract No. 46 (SC‑46), originally converted from GSEC‑102, under which the Department of Energy (DOE) and Japan Petroleum Exploration Co., Ltd. (JAPEX) undertook seismic surveys and later drilling in the Tanon Strait (a protected seascape declared by Proclamation No. 1234). Petitioners in G.R. No. 180771 styled as the “Resident Marine Mammals” were represented by Ramos and Eisma‑Osorio (the “Stewards”); G.R. No. 181527 was filed by FIDEC and individual fisherfolk representatives alleging loss of livelihood and statutory and constitutional violations arising from SC‑46 and the issuance of an Environmental Compliance Certificate (ECC) by the Environmental Management Bureau (EMB), Region VII.
Chronology: the DOE and JAPEX signed GSEC‑102 (June 13, 2002) and converted it to SC‑46 (December 21, 2004); JAPEX conducted seismic surveys in May 2005 and drilled an exploratory well (Nov. 16, 2007–Feb. 8, 2008). The PAMB‑Tanon Strait adopted JAPEX’s IEE (Jan. 31, 2007) and EMB‑Region VII issued an ECC (Mar. 6, 2007). Petitioners filed their original petitions in the Supreme Court on December 17, 2007 seeking certiorari, mandamus, prohibition, injunction and nullification of SC‑46 and the ECC.
Procedural history in this Court included motions by Supply Oilfield Services, Inc. (SOS) to be stricken as respondent; debate over impleading JAPEX Philippines, Ltd.; a February 7, 2012 reservice order; an April 24, 2012 Resolution treating JAPEX Philippines, Ltd. as a real party‑in‑interest and granting it time to file a memorandum; and eventual denial of further extensions. The Court con...(Subscriber-Only)
Issues:
- Do the Resident Marine Mammals and their human Stewards have locus standi to bring the petitions?
- Is Service Contract No. 46 (and attendant governmental acts, including issuance of the ECC) valid under the 1987 Constitution and applicable environmental and natu...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)