Tuesday, April 15, 2014

Tubbataha grounding: SC assailed over 'inaction' on petition for writ of kalikasan

From InterAksyon (Apr 15): Tubbataha grounding: SC assailed over 'inaction' on petition for writ of kalikasan

An environmental activist group on Tuesday criticized the Supreme Court for its alleged "inaction" on the petition for a writ of kalikasan in connection with the January 17, 2013 grounding of a U.S. Navy minesweeper on Tubbataha Reef. 

The Supreme Court has allowed the Tubbataha grounding case to languish in court, severely hampering efforts to significantly rehabilitate the 2,345 square-meter scar caused by the USS Guardian in the world heritage site," said Kalikasan People’s Network for the Environment (Kalikasan PNE) campaign coordinator Leon Dulce in a statement.

"We condemn this inaction as it has also set a precedent for impunity by US forces towards our people and the environment by demonstrating that such environmental crimes will only be met by a lax, if not negligent, court,” added Dulce.

On April 17, 2013, environmentalists, Catholic bishops, lawyers, and activists filed a petition asking the high tribunal to order the government to file criminal, civil, and administrative charges against individuals responsible for the grounding of the minesweeper. Among the respondents are US Navy officials Scott Swift, commander of the U.S. 7th Fleet, and USS Guardian commanding officer Mark Rice.

The petitioners also asked the high court to give the Philippine government primary and exclusive jurisdiction over the respondents and declare as unconstitutional Articles V and VI of the Visiting Forces Agreement that extend immunity to American servicemen.

Kalikasan-PNE questioned the one-year delay of the high court's ruling on the petition as the high tribunal's rules of procedure for environmental cases only "requires a judgment to be rendered within 60 days from the time the petition was submitted for decision."

“The SC’s treatment of the case is highly irregular, as we never even heard of any explanation from the SC on why it has delayed the decision on our Writ of Kalikasan and subsequent petitions way beyond the 60-day deadline," said Dulce.

"It defeats the purpose of having a timely intervention in a concern that threatens our right to a balanced and healthful ecology when these legal remedies are impeded for no concrete and acceptable reason at all,” he said.

"What’s even more irregular is the fact that Supreme Court allows the U.S. government's continuing snub on their order to reply on Writ of Kalikasan petition on Tubbataha... This clearly shows the US government's disrespect to our justice system and its  indifference on how we assert our sovereignty,” added Dulce.

http://www.interaksyon.com/article/84888/tubbataha-grounding-sc-assailed-over-inaction-on-petition-for-writ-of-kalikasan

1 comment:

  1. KALIKASAN is a Communist Party of the Philippines (CPP) sectoral front organization that is active on "environmental issues." In the run up to the visit of President Obama to the Philippines later this month, an increase in anti-US rhetoric/propaganda from the CPP and its associated front organizations should be expected.

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