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MANILA, Philippines ? Saying that whales, dolphins, porpoises and the like cannot file cases, the government has sought the dismissal of a suit questioning the oil exploration at the Tañon Strait between Negros and Cebu.
The suit, filed before the Supreme Court in December, names as petitioners the resident marine mammals of the protected seascape of Tañon Strait.
The suit seeks to declare unconstitutional and unlawful the oil exploration being conducted by the Japan Petroleum Exploration Co. (Japex) in the area for allegedly endangering the mammals and putting fishermen at a disadvantage.
The petitioner marine mammals include toothed whales, dolphins and porpoises and are represented by their "legal guardians" environment lawyers Gloria Ramos and Liza Osorio. President Gloria Macapagal-Arroyo was also included as "unwilling co-petitioner" because she signed treaties and conventions to protect the environment.
The respondents in the petition are Environment Secretary Lito Atienza, Energy Secretary Angelo Reyes, Agriculture Secretary Arthur Yap, Environment Department regional director Leonardo Siballuca and Japex.
The oil exploration is being conducted pursuant to Service Contract No. 46, signed by the Department of Energy and Japex in 2004.
In its comment filed on behalf of the government officials, the Office of the Solicitor General (OSG) pointed out that under the Rules of Court, only natural and juridical persons or authorities could become parties in a civil action.
"In the present case, however, the marine mammals are obviously neither natural nor juridical persons. In fact, the petition itself quite absurdly alleges that the marine mammals can sue but cannot be sued. This only highlights the fact that the marine mammals cannot be parties in a civil action, such as the present case," it said.
It added that the lawyers who filed the petition on the animals' behalf do not have the legal personality to bring the suit to the courts to represent the animals, or even as the mammals' "friends." It said Ramos and Osorio failed to show how they will be benefited or injured by the judgment in the petition.
It also said the department heads are alter egos of the President, hence, their acts are considered her own as well.
The OSG also defended the service contract with Japex to conduct oil exploration at the Tañon Strait. It said that under the Constitution, the President could enter into service contracts with foreign owned corporations involving technical or financial assistance for large-scale exploration and utilization of minerals and petroleum, based on real contributions to the country's economic growth and welfare.
"Certainly, the Philippines' partnership with Japex, an industry leader in global energy exploration and production, can greatly contribute to the 'economic growth and general welfare of the country,'" it said.
The oil exploration is also an attempt to find cost-effective energy measures to prevent environmental degradation and to help the country address the impending energy crisis because of oil price increases, it added.
The service contract does not violate the Wildlife Resources and Conservation Act which prohibits mineral exploration in critical habitats, as alleged in the petition, according to the OSG.
It added that the National Integrated Protected Systems Act allows exploration in protected areas if certain qualifications are met, and this is the case with regard to the Tañon Strait exploration.
The Philippine Fisheries Code is also not violated because the service contract with Japex does not detract from the fisherfolk's right to the preferential use of municipal waters.
It said the contract does not give Japex exclusive fishing rights and the latter has not banned fishing in the area. It is also wrong to blame the seismic survey of Japex for the reduced fish catch, since such a survey does not involve the use of explosives, it added. /Inquirer
