Another mediocre, highly ridiculous, stupid, moronic legal creation/invention introduced by the judicial activist Supreme Court under the helm of statist Reynato Puno, a UP alumnus and Gloria appointee, is the WRIT OF KALIKASAN designed to allegedly protect mother nature or the environment against man’s economic activities.
This Marxist/environmentalist writ is so non-objective and dangerous a doctrine that it can be exploited and abused by environmental zealots to stop, destroy any types of economic activities that involve the use, exploration, or exploitation of natural resources or the environment. It was justified under the so non-objective a premise that every person or half-wit Marxist has a constitutional right to a balanced and healthful ecology. It is non-objective, dangerous, and disastrous because it clashes with other established rights, such as the right to property and economic activities. The basic principle is, rights must not clash with each other.
So, under this writ of kalikasan, our judicial activist courts (SC, CA, RTC) may stop any kinds of oil exploration and mining activities, production of genetically modified foods, use of natural resources, ‘legal’ logging, construction of new buildings that could lead to cutting of trees, etc.
Former justice Puno, who supports Charter Change, also strongly recommended to Pres. Aquino that the new constitution should make the rights to education, healthcare, and welfare MANDATORY. If that’s the plan, it’s better we’d rather not have constitutional change under the current regime.
So far only a few years after its adoption, this writ of kalikasan was used by environmental organizations and statist advocacy groups to demolish a number of economic projects and activities. They are as follows:
- Writ of kalikasan hit a Chinese mining company, which obtained government clearance to cut trees and level a hill to build a seaport in a Zambales town.
- It was used by government officials and an environmentalist group to stop tests ofgenetically modified eggplants.
- It was used to stop a P14-billion Manila Bay reclamation project.
- It prompted the DENR to review management plans for Taal Lake to protect the area from further damage.
- It was used to stop the issuance of new clearances for fish cages in Taal Lake.
- A congressman used the writ to stop the degradation of Taal Lake.
- It is being used to stop the operations of a multimillion dollar mining company in South Cotabato.
Opposing writ of kalikasan is not the same as opposing measures to protect our environment and our right to a balanced and healthful
ecology. I’m saying this because some statists or leftists claim that if you oppose government provision of welfare, then you’re against government as a whole.
With respect to these leftists or statists who hold such kind of argument or mentality, let me just borrow the following statement by Austrian economist Ludwig von Mises:
People who do not agree with [my conception] of the functions of government may say: “This man hates the government.” Nothing could be farther from the truth. If I should say that gasoline is a very useful liquid, useful for many purposes, but that I would nevertheless not drink gasoline because I think that would not be the right use for it, I am not an enemy of gasoline, and I do not hate gasoline. I only say that gasoline is very useful for certain purposes, but not fit for other purposes. If I say it is the government’s duty to arrest murderers and other criminals, but not its duty to run the railroads or to spend money for useless things, then I do not hate the government by declaring that it is fit to do certain things but not fit to do other things.
It is of course the function of the government to protect our rights, but the issue is how it should perform such a function.
The writ of kalikasan is absolutely not necessary. We already have established laws and legal doctrines designed to protect man’s rights. One of the most noble functions of government is the protection of our rights against any form of rights-violating acts or infractions. The government must therefore maintain an impartial, independent judiciary or judicial system empowered to settle legal disputes.
As we all know, the bill of rights guarantees every man’s right to counsel and speedy and impartial trial. If a man’s right has been violated by an irresponsible mining company, then under the law that man acquires a legal right to file a case against the erring company and ask for huge damages.
The problem with the writ of kalikasan is that it treats any enterprising human being or corporate organization as a POTENTIAL CRIMINAL. Before a company could start its mining business or operations, there is already a burden or a threat that it could be stopped or prohibited by some environmentalists or environment groups who have preconceived notions that mining per se could violate their right to a balanced and healthful ecology.
As already stated, any economic activity that involves the use or semi-use of the environment or natural resources could be stopped by our judicial activist courts through the application of writ of kalikasan.
Humans can hardly live without mining activities, oil exploration, and exploitation of natural resources. I challenge those who shamelessly use this dictatorial writ to practice what they preach.
Do not use cellular phones or computers, because most of their parts were made possible by mining activities.
Do not buy and eat processed foods if you opposed GMO, because more than 60% of all processed foods contain genetically modified ingredients.
Do not build new houses or do not stay in hotels or condominiums, because all construction materials were made possible by exploitation of natural resources.
Do not go to malls, movie houses, coliseums and schools. Those are all the results of natural resources use and exploitation.
Do not buy or wear clothes. Wear banana leaf instead.
Do not drink flavored water. Do not buy cars. Do not take public transports.
Or better: DO NOT LIVE. DIE. That’s actually the logical result of your anti-man, environmentalist philosophy. You do not belong to our human environment and civilization.
What is a Writ of Kalikasan?
It is a remedy available to a natural or juridical person, entity authorized by law, people’s organizations, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity without involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.
What is the basis of the Writ of Kalikasan?
It rests in Article II, Section 16 on the Declaration of Principles and State Policies of the 1987 Constitution, which states that, “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”.
What is the important feature of this writ?
The magnitude requirement with regards to the destruction or imminent destruction which is sought to be prevented must be present.
What is a Writ of Continuing Mandamus?
It is writ issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied. It is filed by one who is personally aggrieved.