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Secretary Angelo Reyes in his capacity as Secretary of the Department of 1. WON the case is moot and academic
Energy, et.al. (G.R. No. 180771 and 181527) 2. WON Petitioners have a legal standing
DATE: 21 April 2015 3. WON SC-46 is unconstitutional
PONENTE: J. Leonardo-De Castro
RULING
FACTS
1. No. The Court makes clear that the moot and academic principle is not a
On 13 June 2002, the Government of the Philippines, acting through the magic formula that can automatically dissuade the courts in resolving a
Department of Energy (DOE) entered into a Geophysical Survey and case. Despite the termination of SC-46, the Court deems it necessary to
Exploration Contract-102 (GSEC-102) with Japan Petroleum Exploration resolve the consolidated petitions as it falls within the exceptions. Both
Co., Ltd. (JAPEX). petitioners allege that SC-46 is violative of the Constitution, the
The studies included surface geology, sample analysis, and reprocessing of environmental and livelihood issues raised undoubtedly affect the publics
seismic and magnetic data. Geophysical and satellite surveys as well as oil interest, and the respondents contested actions are capable of repetition.
and gas sampling in Taon Strait was conducted.
On 12 December 2004, DOE and JAPEX converted GSEC-102 to Service 2. Yes. In our jurisdiction, locus standi in environmental cases has been given a
Contract No. 46 (SC-46) for the exploration, development, and production of more liberalized approach. The Rules of Procedure for Environmental Cases
petroleum resources in a block covering approximately 2,850 sqm. offshore allow for a citizen suit, and permit any Filipino citizen to file an action
the Taon Strait. before our courts for violation of our environmental laws on the principle that
From 9-18 May 2005, JAPEX conducted seismic surveys in and around humans are stewards of nature:
Taon Strait, including a multi-channel sub-bottom profiling covering
approximately 751 kms. to determine the areas underwater composition. Section 5. Citizen suit. Any Filipino citizen in
During the 2nd sub-phase of the project, JAPEX committed to drill one representation of others, including minors or
exploration well. Since the same was to be drilled in the marine waters of generations yet unborn, may file an action to
Aloguisan and Pinamungajan where the Taon Strait was declared a enforce rights or obligations under
protected seascape in 1988, JAPEX agreed to comply with the environmental laws. Upon the filing of a citizen
Environmental Impact Assessment requirements under Presidential Decree suit, the court shall issue an order which shall
No. 1586 (PD 1586), entitled Establishing an Environmental Impact contain a brief description of the cause of action
Statement System, Including Other Environmental Management Related and the reliefs prayed for, requiring all interested
Measures and For Other Purposes. parties to manifest their interest to intervene in the
On 31 January 2007, the Protected Area Management Board (PAMB) of the case within fifteen (15) days from notice thereof.
Taon Strait issued Resolution No. 2007-01 where it adopted the Initial The plaintiff may publish the order once in a
Environmental Examination commissioned by JAPEX, and favourably newspaper of general circulation in the Philippines
recommended the approval of the latters application for an Environmental or furnish all affected baragngays copies of said
Compliance Certificate (ECC). order.
On 6 March 2007, DENR-EMB Region VII granted an ECC to DOE and
Citizen suits filed under R.A. No. 8749 and R.A. No.
JAPEX for the offshore oil and gas exploration project in Taon Strait.
9003 shall be governed by their respective
From 16 November 2007 to 8 February 2008, JAPEX drilled an exploratory
provisions. (Emphasis supplied)
well with a depth of 3,150 meters near Pinamungajan town.
On 17 December 2007, two separate original petitions were filed commonly Although the petition was filed in 2007, years before the
seeking that the implementation of SC-46 be enjoined for violation of the effectivity of the Rules of Procedure for Environmental Cases, it has been
1987 Constitution. consistently held that rules of procedure may be retroactively applied to
The petitioners in G.R. No. 180771 are the Resident Marine Mammals actions pending and undetermined at the time of their passage and will not
which inhibit the waters in and around the Taon Strait, joined by Stewards violate any right of a person who may feel that he is adversely affected,
Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio as their legal guardians inasmuch as there is no vested rights in rules of procedure.
and friends seeking their protection. Also impleaded as unwilling co-
petitioner is former President Gloria Macapagal-Arroyo. In G.R. No. 181527, Moreover, even before the Rules of Procedure for
the petitioners are the Central Visayas Fisherfolk Development Center Environmental Cases became effective, the SC had already taken a
(FIDEC), a non-stock, non-profit, non-governmental organization established permissive position on the issue of locus standi in environmental cases. In
for the welfare of the marginal fisherfolk in Region VII and representatives of Oposa, the SC allowed the suit to be brought in the name of generations yet
the subsistence fisherfolk of the municipalities of Aloguinsan and unborn based on the concept of intergenerational responsibility insofar as
Pinamungajan, Cebu. Their contentions are: the right to a balanced and healthful ecology is concerned.
- A study made after the seismic survey showed that there is a
drastic reduce in fish catch by 50-70% attributable to the It is also worth noting that the Stewards in the present case are
destruction of the payao or the artificial reef. joined as real parties in the Petition and not just in representation of the
- The ECC obtained by the respondents is invalid because there named cetacean species.
is no public consultations and discussions prior to its issuance.
- SC-46 is null and void for having violated Section 2, Article XII of 3. Yes. Section 2, Article XII of the 1987 Constitution provides in part:
the 1987 Constitution, considering that there is no general law
prescribing the standard or uniform terms, conditions, and The President may enter into agreement with
requirements for service contracts involving oil exploration and foreign-owned corporations involving either
extraction technical or financial assistance for large-
- FIDEC alleges that it was barred from entering and fishing within scale exploration, development, and utilization
a 7-kilometer radius from the point where the oilrig was located, of minerals, petroleum, and other mineral oils
an area grated than the 1.5-kilometer radius exclusion zone according to the general terms and conditions
stated in the Initial Environmental Examination provided by law, based on real contributions to
The respondents in both petitions are: the late Angelo T. Reyes, DOE the economic growth and general welfare of
Secretary; Jose L. Atienza, DENR Secretary; Leonardo Sibbaluca, DENR- the country. In such agreements, the State shall
Region VII Director and Chairman of Taon Strait PAMB; JAPEX, a promote the development and use of local scientific
Japanese company; and Supply Oilfield Services, Inc. (SOS) as the alleged and technical resources.
Philippine agent of JAPEX. Their counter-allegations are:
- The Resident Marine Mammals and Stewards have no legal The President shall notify the Congress of
standing to file the petition. every contract entered into in accordance with
- SC-46 is constitutional. this provision, within thirty days from its
- The ECC was legally issued. execution. (Emphases supplied)
- The case is moot and academic since SC-46 is mutually
terminated on 21 June 2008. The disposition, exploration, development, exploitation, and
utilization of indigenous petroleum in the Philippines are governed by
ISSUES Presidential Decree No. 87 (PD 87) or the Oil Exploration and Development
Act of 1972. Although the Court finds that PD 87 is sufficient to satisfy the
requirement of a general law, the absence of the two other conditions, that
the President be a signatory to SC-46, and that the Congress be notified of
such contract, renders it null and void.