Oro, DENR told: Answer environment writ

THE Court of Appeals (CA) has ordered the City Government and the regional offices of the Department of Environment and Natural Resources and Mines and Geosciences Bureau to respond to the petition for Writ of Kalikasan earlier filed by an environmental group.

The CA has reportedly given the respondents “non-extendable 10 days” to answer the petition filed by environmental group Bangon Kagay-an and the citizen suit over the mining activities in the hinterland barangays in Cagayan de Oro City.

Lawyer Evangeline Carrasco said the CA found the petition “to be sufficient in form and substance.”

Carrasco told Sun.Star Cagayan de Oro that a Writ of Continuing Mandamus has also been issued by CA against the respondents, as they failed to implement the orders they have earlier issued against mining firms in the city.

Writ of Continuing Mandamus is issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment, which shall remain effective until judgment is fully satisfied.

Carrasco said a hearing will also be conducted on March 1 for the Temporary Environmental Protection Order so as to stop the mining activities.

Writ of Kalikasan is a remedy available to a natural or juridical person, entity authorized by law, people’s organizations, non-government organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity without involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

It rests in Article II, Section 16 on the Declaration of Principles and State Policies of the 1987 Constitution, which states that, “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” (Sun.Star Cagayan de Oro/Sunnex)