Violation of the constitutional right to a balanced and healthful ecology in accord with the rhythm and harmony of nature

No less than the constitution in its Article II sec. 16 recognizes the right of every Filipino to a balanced and healthful ecology, the said provision provides:

Article II, Sec. 16

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.

The mountains of Mt. Manalmon and Mt. Nabio have already suffered damages on some of its portions due to the extensive illegal extraction of marble without regard to the environmental damages caused. As proof to this are stockpiles of 257 blocks of rose marbles that were discovered which greatly suggests the continuous attempts to extract illegally marbles from the said mountains.

Continued mining of marbles in the said mountains will soon lead to devegetation of the area due to the opencast nature of the mining. This may later on lead to the loss of some Flora and Fauna, due to the mining, already grown trees and bushes have died out and new ones possibly will not grow; this may now lead to the loss of the natural habitats of some species of animals found in the said mountains, particularly some species of birds and bats.

Not to mention that indigenous people and their communities and other local communities have a vital role in environmental management and development which the state should recognize, because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development. This is now in great peril due to the extensive mining.

In relation to the principle of sustainable development

Even now, the possibility of reviving or restoring the damaged portions of the mountains are slowly thinning and with respect to the principle of sustainable development wherein there should be “Development that meets the needs of the present without compromising the ability of the future generations to meet their own need” the continuous mining in the said mountains may possibly lead to irreparable damages to nature and thus prevent the future generations of not only their ability to cope up with future environmental damages but also their right to a balanced and healthful ecology in accord with the rhythm and harmony of nature itself.

Section 5. Mineral Reservations. - When the national interest so requires, such as when there is a need to preserve strategic raw materials for industries critical to national development, or certain minerals for scientific, cultural or ecological value, the President may establish mineral reservations upon the recommendation of the Director through the Secretary. Mining operations in existing mineral reservations and such other reservations as may thereafter be established, shall be undertaken by the Department or through a contractor: Provided, That a small scale-mining cooperative covered by Republic Act No. 7076 shall be given preferential right to apply for a small-scale mining agreement for a maximum aggregate area of twenty-five percent (25%) of such mineral reservation, subject to valid existing mining/quarrying rights as provided under Section 112 Chapter XX hereof. All submerged lands within the contiguous zone and in the 9 exclusive economic zone of the Philippines are hereby declared to be mineral reservations. A ten per centum (10%) share of all royalties and revenues to be derived by the government from the development and utilization of the mineral resources within mineral reservations as provided under this Act shall accrue to the Mines and Geosciences Bureau to be allotted for special projects and other administrative expenses related to the exploration and development of other mineral reservations mentioned in Section 6 hereof.

The reliefs which may be granted under the writ are:

(a)    directing respondent to permanently cease and desist from committing acts or neglecting the performance of a

duty in violation of environmental laws resulting in environmental destruction or damage;

(b) directing the respondent public official, government agency, private person or entity to protect, preserve,

rehabilitate or restore the environment;

(c) directing the respondent public official, government agency, private person or entity to monitor strict compliance

with the decision and orders of the court;

(d) directing the respondent public official, government agency, or private person or entity to make periodic reports on

the execution of the final judgment; and,

(e)    such other reliefs which relate to the right of the people to a balanced and healthful ecology or to the protection,

preservation, rehabilitation or restoration of the environment, except the award of damages to individual petitioners.

This petition involving Placer Dome/Marcopper is the second case elevated to the high court since the court's Rules

of Procedure for Environmental Cases took effect on April 29, 2010, the first being the petition of residents of West

Tower Condominium, Makati against First Philippine Industrial Corporation (fpic) for the Makati oil leak incident.