SC Cases Involving Writ of Kalikasan and Writ of Continuing Mandamus

7/25/2019 SC Cases Involving Writ of Kalikasan and Writ of Continuing Mandamus

http://slidepdf.com/reader/full/sc-cases-involving-writ-of-kalikasan-and-writ-of-continuing-mandamus 1/9

SC cases involWrit of Kalikasa

Writ of Contin

MandamusSubtitle



Facts:

The petitioners alleged that governmentministries failed to adopt sucientbiosafety protocols for eld trials andfeasibility studies of genetically!modiedorganisms" specically talong #eggplant$%

The petition also alleged that entities#primarily universities$ failed to obtain anenvironmental clearance certicate prior toconducting eld trials of bt talong% Thecourt considered the &uestion 'hether theeld trials violated the constitutional right

of the people to a balanced and healthy

(reenpeace Southeast )sia #*hilippines$ v%+nvironmental Management ,ureau of the

-epartment of +nvironment and .atural /esources



The court applied the prprinciple" stating 0it is clear thatfull scientic certainty yet as toof the bt talong eld tria

environment and the health of t This is 'here the precautionasets in 'hich states that" 'hactivities may lead to threats of irreversible damage to the ethat is scientically plausible bu

actions shall be taken to avoid that threat% % % % 2t is in this ligCourt nds that the issuance okalikasan is 'arranted ucircumstances3%45 *ages



With regard to the constitutional claim"

the court eplained: 02n the instant case" theeld trials of bt talong involve the 'illful anddeliberate alterative of the genetic traits ofa living element of the ecosystem and therelationship of living organisms that rely oneach other for their survival% Conse&uently"

the eld trials of bt talong could not bedeclared by this Court as safe to humanhealth and to our ecology" 'ith full scienticcertainty" being an alteration of another'ise natural state of a1airs in ourecology%5 *ages 88!8;%



/uling:

The Court directed the respondpermanently cease and desist f

conducting bt talong eld triaprotect" preserve" rehabilitate the environment% *age 8=%>n a motion for reconsideratigovernment ocials asking thereverse the ban" the Court decision in September 896;" 'rit of kalikasan and continumandamus it had issued in fapetitioners 'ere ?@ustied and '



Facts:

The complaint by the residents allegedthat the 'ater &uality of the Manila ,ayhad fallen 'ay belo' the allo'ablestandards set by la'" specically*residential -ecree .o% #*-$ 66A8 or the*hilippine +nvironment Code and that )BBdefendants #public ocials$ must be @ointlyandor solidarily liable and collectively orderedto clean up Manila ,ay and to restore its 'ater&uality to class ," 'aters t for s'imming"diving" and other forms of contact recreation%

MM-) vs Concerned CitiDens of Manila ,ay



2SSE+S:

#6$ W>. Sections 6 and 89 o

under the headings" Epgrading Guality and Clean!up envisage a cleanup in generathey limited only to the cspecic pollution incidents<

#8$ W>. petitioners be commandamus to clean up and rehaManila ,ay%



H+B-:

#6$ Sec% 6 does not in any 'aystate that the government agencies

concerned ought to conne themselvesto the containment" removal" andcleaning operations 'hen a specicpollution incident occurs% >n the contrary"Sec% 6 re&uires them to act even inthe absence of a specic pollution

incident" as long as 'ater &uality 0hasdeteriorated to a degree 'here its state'ill adversely a1ect its best usage%5Section 6 I 89 are of general applicationand are not for specic pollution incidentsonly% The fact that the pollution of the

Manila ,ay is of such magnitude and



8$ The Cleaning or /ehabilitatio,ay Can be Compelled by Mandathe implementation of the MM-)Js

tasks may entail a decision!makthe enforcement of the la' or thedoing 'hat the la' eacts to b

ministerial in nature and may beby mandamus% Ender 'hat othdiscipline describes as

mandamus "5 the Court mayetraordinary circumstances" issue'ith the end in vie' of ensurdecision 'ould not be set to administrative inaction or indi1eren

Documents

SC Cases Involving Writ of Kalikasan and Writ of Continuing Mandamus