Metro Manila (CNN Philippines, September 3) — The Supreme Court on Tuesday formally dismissed the petition seeking to compel government officials to protect the West Philippine Sea after it was withdrawn by lawyers and fishermen.
The high court in a statement said the decision, penned by Associate Justice Marvic Leonen, was based on the “unusual proceedings” on July 9 wherein the Office of the Solicitor General as counsel for respondents presented affidavits of fishermen stating they are turning their backs on the case as they were clueless about suing the government.
Leonen reminded the counsels to establish and maintain communication with their clients at all times to avoid similar cases in the future.
The Supreme Court said it “did not pass upon any of the substantive issues raised.”
The petition asked the court to issue a writ of kalikasan, a legal remedy to protect the constitutional right to a balanced and healthful ecology, which may have been violated or could be violated by an act or omission of a public official or private individual or entity.
The writ was supposed to force the government to preserve, restore, and rehabilitate certain areas in the West Philippine Sea which have been heavily damaged by China’s artificial island-building activities. The West Philippine Sea refers to part of the South China Sea claimed and occupied by the Philippines, but contested by China. The petition specifies environmental damage in Panatag Shoal, Ayungin Shoal, and Panganiban Reef.
On July 19, the petitioners, Integrated Bar of the Philippines (IBP) and seven other fishermen withdrew their case. The IBP accused Solicitor General Jose Calida of tainting the proceedings when he said the petitioners and respondents have agreed to dismiss the writ of kalikasan petition and warned them on CNN Philippines’ The Source that they could be disbarred for supposedly misrepresenting the petition to the fishermen.
Former Supreme Court spokesperson Theodore Te, one of the consultants in the case, previously said it would be up to the high court to determine whether the petition would still hold water even if several fishermen have withdrawn from it.
