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THE COURT battle continues even if the oil exploration project in the Tañon Strait, a protected seascape, has ended.
Environment lawyer Benjamin Cabrido Jr. has asked the Supreme Court to direct the respondents that he be furnished a copy of the report from a government multi-monitoring team that insisted that the oil drilling and exploration had no impact on the marine environment.
?We want to know who are their experts who claimed that there was no environmental effect,? said Cabredo, who filed the petition for injunction and mandamus against Japan Petroleum Exploration (Japex) Philippines Ltd. with the Supreme Court in behalf of the marine mammals living in Tañon Strait.
He said he might file a perjury case against these experts for making such claims.
Aside from Japex, other respondents in the civil case were Energy Secretary Angelo Reyes of energy and Environment Secretary Lito Atienza. The Supreme Court en banc has accepted and docketed the injunction case.
In a statement issued by its Tokyo-based parent company Japex Co. Ltd., Japex Philippines has relinquished the oil drilling project ?because of the lack of commercial oil and gas discovery as a result of exploration work including drilling of one exploration well.?
The pullout, however, doesn?t meant that the environmentalists will also withdraw their case before the high tribunal.
?We?re gonna have a fight bigger than the fight of Manny Pacquiao,? said Cabredo.
Cabrido said he wanted to continue questioning the authority of the Department of Energy (DOE) in entering into a contract with Japex, which, he said, brought damage to the protected seascape and caused the displacement of some fishermen.
In their motion for leave to file reply to comment, Cabrido asked the Supreme Court that they be supplied a copy of Service Contract 46 entered into by DOE and Japex, and the multi-sectoral team monitoring report.
He also asked the high tribunal that they be given a copy of the corporate papers of Japex, scientific and other studies relative to the project, composition papers of PAMB for Tañon Strait, toxic and solid wastes disposal plan of the project and all direct and indirect records and papers relative the seismic survey and oil exploration activities at the protected seascape.
?We want to scrutinize their papers,? the lawyer explained.
The environmental lawyer also asked the Supreme Court to give them 30 days to file his reply of the comment of the Office of the Solicitor General (OSG) who represented the DOE and the DENR in the special civil action on certiorari, injunction and mandamus filed by the resident marine mammals of Tañon Strait, including toothed whales, dolphins, porpoises, and other cetacean species.
The OSG, in its comment to the case filed last month, sought the dismissal of the case stating that mammals have no natural or juridical rights.
?The duration (30-day) is needed in view of the complexity of the issues involved, the hectic workload by reason of his academic assignment as teacher of environmental law subjects this summer ... and of his other engagements and advocacies,? said Cabrido of his motion for leave to file reply to comment dated May 15.
As of yesterday, the DOE refused to comment on the statement announcing Japex?s withdrawl that was posted on the firm?s website on May 13.
Antonio Labios, DOE director for Central Visayas, said he sent their central office a copy of Cebu Daily News? banner story yesterday.
He, however, said that there was a possibility that the Japex had submitted a paper to DOE of its decision to relinquish the SC 46 block in Tañon Strait and that the DOE and Japex were still evaluating the status of the project.
Dr. Lemnuel Aragones, a marine scientist, said the dolphins and other marine mammals were happy with the decision of Japan.
After being stressed out since 2005, he said the sea creatures would no longer be bothered by the noise brought about by the oil drilling and the oil exploration.
Aragones said that the marine mammals in Tañon Strait will gain more friends as more concerned individuals came out to protect the natural heritage of Tañon Strait.
Last night, a new group called ?Save Tañon Strait Citizens Movement? was launched.
Environmental lawyer Gloria Estenzo-Ramos said that their advocacy to protect Tañon Strait, bounded by 36 towns and cities in Cebu, Negros Oriental and Negros Occidental, has received an ?avalanche of support.?
Some members are students and youths from the different universities in Cebu City.
But for Rep. Pablo John Garcia (Cebu, 3rd district), Japex?s decision to pull out was a big loss for nearby local government units, who could have earned had commercial oil and gas been found.
Garcia said a presidential decree dictates that a share of proceeds is given to the national government, province, municipality and barangay by a service contractor who uses government resources.
?It would have been a plus factor for Cebu Province had they discovered oil in the area,? he said.
