SolGen wants Carpio out of West Philippine Sea case
Credit to Author: Tempo Desk| Date: Fri, 28 Jun 2019 12:30:30 +0000
CARPIO
The Office of the Solicitor General has sought the inhibition of Supreme Court Senior Associate Justice Antonio T. Carpio from the petition to compel the government to protect, preserve, and rehabilitate the environment in the Scarborough or Panatag Shoal, Ayungin Shoal, and Mischief or Panganiban Reef in the West Philippine Sea.
Solicitor General Jose C. Calida said Carpio’s inhibition is warranted by his active participation in the South China Sea Arbitral Proceedings and his continuing public pronouncements against the actions taken by the government in relation to the SCS Arbitral Award.
The petition for a Writ of Kalikasan filed by a group of fishermen from Zambales and Palawan led by Monico A. Abogado is set for oral arguments on Tuesday.
The SC had earlier directed several government agencies to comment on the petition.
A Writ of Kalikasan is a legal remedy for the protection of one’s right to “a balanced and healthful ecology in accord with the rhythm and harmony of nature” under Section 16, Article 2 of the Constitution.
Panatag Shoal is located in Zambales while Ayungin Shoal and Panganiban Reef are in Palawan.
In their petition, the fishermen told the SC that Chinese fishermen have been harvesting and endangering marine resources in the WPS.
They sought the issuance of a Writ of Continuing Mandamus in what they describe as “neglect of performance of the duties of the government in violation of environmental laws resulting in environmental destruction or damage in the shoals.”
Named respondents in the petition were the Department of Environment and Natural Resources, Department of Agriculture, Philippine Navy, Philippine Coast Guard, Philippine National Police, and Department of Justice.
he petition stated that “the respondents have failed to perform their duties as mandated by various environmental laws and regulations.”
“Chinese fishermen harvested, endangered, and threatened species, and used cyanide and explosives in their fishing…The marine environment and resources in the abovementioned areas were damaged severely and extensively in spite of adequate Philippine laws to protect them. Clearly, the damage is brought upon by lack of enforcement of Philippine environmental laws by respondents,” it said. (Rey Panaligan)