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Pinoy dolphins vs. Japan firm
Cebu Daily News
Correspondent Jolene Bulambot

CEBU CITY, Philippines - Can a dolphin or whale sue an oil exploration firm?

Do they have rights like Filipinos under the Constitution?

This and other questions about the legal and environmental soundness of ongoing test drillings in the Tañon Strait are being raised in a novel case filed on Tuesday at the Supreme Court.

The petition for certiorari with mandamus and injunction seeks to stop further offshore explorations by the Japan Petroleum Exploration Company Ltd., (Japex) which started tests on November 15 off western Cebu.

The petitioners are “resident sea mammals” of the Tañon Strait which include “toothed whales, dolphins, porpoises and other cetacean species” whose habitat has been disturbed by underwater blasting and drilling.

Joining them as petitioners are two Cebu lawyers Gloria Estenzo Ramos and Rose-Liza Eisma Osorio as “legal guardians of the lesser life-forms and responsible stewards of God’s creations.”

President Gloria Macapagal-Arroyo was also included as an “unwilling co-petitioner” since she had signed an ASEAN Charter to protect the marine habitat but would be in an awkward position to voluntarily join a case where her Cabinet secretaries, her “alter egos,” were being sued.

Named respondents in the case were Japex, which is a 100 percent Japanese-owned company, three Cabinet secretaries for the portfolios of energy, agriculture, and environment and the Cebu-based regional director for environment.

Legal standing
The Supreme Court was asked to recognize the legal standing of sea mammals, represented by their human guardians.

In doing so, the petitioners are following the footsteps of a landmark 1992 case of Oposa vs. Factoran where the Supreme Court, under Chief Justice Hilario Davide Jr., recognized the rights of unborn Filipino children to a healthy, balanced environment and the right to sue in environmental-interest cases under the principle of “intergenerational responsibility.”

Lawyer Benjamin Cabrido, legal counsel of the petitioners, said dolphins and whales are beneficiaries of Philippine environmental laws and international agreements, which ensure their survival, perpetuation and protection of their habitat.

“This case is unprecedented not only in this country but in the whole world. This will test the limits of the legal standing of the petitioners. We cited several doctrines and we hope the Supreme Court will grant us a day in court,” he said.

One of the petitioner’s requests is that since the whales and dolphins breed, swim and rest in the Tañon Strait, making it their home, “it may not be too much to ask Your Honors to declare your petitioners as Filipino mammals, thereby according them the foregoing constitutional benefits.”

The Tañon Strait, a rich source of biodiversity, is home to 11 out of 21 species of cetaceans.

Scrap
The Tañon Strait drilling is a national government project, wherein the Department of Energy (DOE) granted Japex the right to conduct exploration for oil under Service Contract No. 46 issued in 2002.

The petitioners asked the High Court to scrap the service contract as grossly unconstitutional and a violation of several environmental laws. It also questioned the lack of public consultations with stakeholders and a full-blown Environmental Impact Assessment (EIA) in the issuance of an Environmental Compliance Certificate (ECC).

There was no immediate comment from Central Visayas Energy Director Antonio Labios. He said he would let the legal department study the petition first.

The DOE tapped Japex to conduct an oil exploration drilling in the Tañon strait to determine if it has oil deposits of commercial quantity. The activity covers 2,850 square meters offshore of the Tanon strait affecting the west Cebu towns of Aloguinsan and Pinamungajan.

Labios said the two-month test drilling would finish in the third week of January 2008.

Four issues are tackled in the High Court petition.

First, is the legal standing of the cetacean group of sea animals— whether they “can sue but may not be sued.”

Second, concerns the legality and constitutionality of Service Contract No. 46.

Third, is whether the ongoing oil exploration is inconsistent with Philippine commitments in various international environmental agreements and Philippine laws.

Fourth, is the legality of the ECC issued by the Dept. of Environment and Natural Resources (DENR).

The petitioners asked the Supreme Court to declare null and void Service Contract No. 46. They said it violated the Constitution, general principles in the United Nations Charter for Nature, the 1992 United Conference on Environment and Development, the Convention on Biological Diversity, the Fisheries Code, and Wildlife Resources Conservation and Protection Act (RA 9174).

They asked for oral arguments to be scheduled so they could present expert witnesses to prove that the marine ecosystem will be irreversibly damaged if the oil exploration, drilling and blasting will continue.

After a seismic survey in the Tañon Strait in May 2005, a study by marine scientists showed a 50 to 70 percent drop in fish catch; the average catch of 10 to 15 kilos was reduced to two to three kilos a day.

They said the continuous drilling and underwater blasting in the Tañon Strait produced ear-splitting and piercing level of decibels at five to 20 second intervals, affecting the seal mammals.

Environment advocates set up a website calling for the stoppage of the oil drilling and so far 500 all over the world have signed for it.

“We have sympathizers from all over the world including scientists who have asked and pleaded with our government to listen to the experts and stop the oil drilling. We will furnish copies of the manifestations to the Supreme Court and our government agencies,” said Ramos in an interview.
represented by its Philippine agent, Supply Oilfield Services.

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