Friday, September 24, 2010

Ex-SC chief explains kalikasan writ to mining firms

(The Philippine Star) Updated September 24, 2010 12:00 AM Comments (0) View comments


MANILA, Philippines - Former Chief Justice Reynato Puno, addressing mining companies during a forum for the Mining Philippines Conference and Expo 2010 at the Manila Hotel last week, said mining “is a key industry to the economic development of the Philippines.”
Puno said in his private opinion, “critical industries such as mining should be regulated by the national government and Congress, and not by local government.”
It is not because he does not trust the local leaders, but Puno said it is a fact that “local governments are not prepared to take on the function of regulating critical industries.”
The former chief justice was invited by the mining industry to talk about the new rules of procedure for the writ of kalikasan.
“Any attempt to strike a balance between the demands for economic progress and the demands for protecting the environment will always be contentious. But the heart of the new rules (writ of kalikasan) lies on the principles of sustainable development,” Puno said.
In coming up with the rules of procedure for the environmental writ, Puno said the Supreme Court (SC) “adopted the rights-based approach to govern environmental cases.”
Puno said that while the writ of kalikasan gives citizens the power to protect the environment by running to the SC via the so-called citizen suit, the writ cannot be used to harass government agencies.
The SC, he said, “is not blind to the reality that some unscrupulous people organize themselves to harass government, including business organizations,” he said.
Puno is reportedly organizing a think tank called the Center for Environmental Justice and Enforcement which will examine policies and laws on the environment and will be composed of people from the academe, industry and other sectors.

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