Thursday, December 20, 2007 Seares: Sea life’s lawsuits By Pachico A. Seares News Sense
MAMMALS like dolphins and whales need to be protected in their habitat. But if that is denied them and they are in danger, can they go to court?
Lawyers tell you that for the right to sue one must have legal personality and must be a party in interest.
But ignore the legal mumbo-jumbo. Even if sea creatures are intelligent like dolphins or tough and huge like whales, how can they have legal standing in court?
Legislators create fiction of law, such as when they recognize corporations as artificial persons that can sue and be sued. But convenience of commerce dictates that.
And it can be done.
Marine life must be conserved for present and future users. But can they drag dolphins and whales to court?
Even from a tank or aquarium, the mammals won't know what judges and lawyers will be babbling, as court debates must seem to the animals. They would rather be back at sea and face the threat from oil hunters.
Legal guardians
As to the legal guardians, who elected them? Surely, not the whales and dolphins. Specific stewards are tasked to protect natural resources.
But then the stewards are remiss, that's why they are haled to the Supreme Court. Respondents include secretaries of energy, natural resources, and agriculture who haven't stopped the offshore drilling near Pinamungajan, Cebu.
Court dockets are congested enough with complaints of creditors who aren't paid or are paid with bum checks. Imagine space and time the lawsuits from sea creatures would demand from overworked judges.
How could the honorable judges still find time to solemnize those "quickie" marriages?
