Friday, May 23, 2008 SC consolidates cases v. oil drilling firm
ANOTHER score for the dolphins.
This is how the guardian of the marine mammals see the consolidation of the cases filed against the Japan Petroleum Exploration Co. Ltd. (Japex) before the Supreme Court (SC).
Lawyers of the resident marine mammals of Tañon Strait and the Central Visayas Fisherfolk Development Center Inc. (Fidec) filed separate petitions against Japex for the oil exploration at Tañon Strait, which started late last year and ended early this year.
In a resolution, the SC consolidated the cases.
The resolution, dated April 8, was signed by Ma. Luisa Villarama, clerk of court of the SC.
“The case is definitely moving,” an elated lawyer Gloria Estenzo-Ramos told Sun.Star Cebu in a mobile phone interview yesterday.
The mammals, particularly the dolphins, toothed whales, porpoises and other cetacean species that take refuge in Tañon Strait, were taken seriously by the High Tribunal.
Fisherfolk
The consolidation, said Ramos, works on the petitioners favor.
“Issues not taken up by the dolphins but are taken up by the fisherfolk will now be raised, and vice versa,” said Ramos.
It was earlier reported that Japex is set to step out of Tañon Strait after failing to discover commercially viable quantities of oil.
The company was reported to have a 65 percent stake in the Service Contract 46 field in Tañon Strait.
The second round of oil exploration is scheduled in June, which is also reportedly the time Japex will formally finish its exploratory drill.
The 35 percent stake is reportedly owned by Kuwait’s Kufpec Philippines.
This prompted Ramos to consider filing a motion to make Kufpec a respondent in the SC case.
Transparency
She also wondered why Japex did not question why it was the only oil company listed as respondent when another company has a share in the oil exploration.
“This only goes to show that there is no transparency in the Department of Energy (DOE),” Ramos added.
Meanwhile, the lawyer of the mammals has warned DOE officials against the re-bidding of the project otherwise, he will ask the SC to cite them in contempt.
Benjamin Cabrido said that conducting a re-bidding is tantamount to subjudice because the main issue of the case before the High Tribunal is the constitutionality and
validity of service contract 46 between DOE and Japex.
Exploration
Aside from being the dolphins’ counsel, Cabrido is also connected with the Integrated Bar of the Philippines-Environmental Defense Team (IBP-EDT) and the Save Tañon Citizens Movement, which was organized by people who are opposing the oil and gas exploration.
Earlier, DOE-Visayas Director Antonio Labios said that if Japex will finally leave the project, which was initially posted in its website, Tañon oil exploration will be opened to other interested parties.
Japex, through its website, said that it is pulling from the oil and gas exploration at Tañon Strait because there is no substantial or commercial quantity of oil and gas in the area.
“They can conduct another bidding at their own risk because that is contemptuous,” said Cabrido, adding that if they will do it, they will make a mockery of justice.
Cabrido explained that Service Contract 46 is just like any other contract, which cannot be changed without permission from the court if there is a pending case.
Constitution
That service contract, Cabrido said, was questioned because it did not conform to the 1987 Constitution.
“With the pending case, DOE cannot touch the contract because it should be resolved first by the Supreme Court,” Cabrido said.
He added that DOE and the Department of Environment and Natural Resources (DENR) cannot compare the contract with the mining contracts entered into by the government and some mining firms using the old Constitution as basis.
The mining contracts are supported by a curative law, the Philippine Mining Act passed by Congress.
Questions
Offshore exploration for oil and gas is not covered by the Philippine Mining Act, hence, the DOE and DENR cannot cite the law as reason to declare service contract 46 as constitutional and valid, Cabrido said.
He said that they are also questioning the oil and gas exploration conducted by NorAsia in the sea between Cebu and Bohol.
The mammals and Fidec asked the SC to issue a preliminary injunction or temporary restraining order against the oil exploration and eventually, a final writ to stop the exploration that started last Nov. 15. (JGA/EOB)
