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    Paje V Casino

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    Marshae Chaclag Pasong
    This case involves a petition for a Writ of Kalikasan filed against the Department of Environment and Natural Resources (DENR) and other respondents over a proposed coal-fired power plant in Subic, Zambales. The Court of Appeals denied the writ but invalidated the environmental compliance certificate issued for the project. Both parties appealed. The Supreme Court ruled that (1) questions of fact can be raised on appeal for a writ of kalikasan and (2) the validity of an environmental compliance certificate can be challenged through this writ if a connection is shown between any defects in the certificate and actual or threatened environmental damage. However, no such connection was demonstrated in this case.

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    Paje V Casino

    Uploaded by

    Marshae Chaclag Pasong
    37 views2 pages
    This case involves a petition for a Writ of Kalikasan filed against the Department of Environment and Natural Resources (DENR) and other respondents over a proposed coal-fired power plant in Subic, Zambales. The Court of Appeals denied the writ but invalidated the environmental compliance certificate issued for the project. Both parties appealed. The Supreme Court ruled that (1) questions of fact can be raised on appeal for a writ of kalikasan and (2) the validity of an environmental compliance certificate can be challenged through this writ if a connection is shown between any defects in the certificate and actual or threatened environmental damage. However, no such connection was demonstrated in this case.

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    This case involves a petition for a Writ of Kalikasan filed against the Department of Environment and Natural Resources (DENR) and other respondents over a proposed coal-fired power plant in Subic, Zambales. The Court of Appeals denied the writ but invalidated the environmental compliance certificate issued for the project. Both parties appealed. The Supreme Court ruled that (1) questions of fact can be raised on appeal for a writ of kalikasan and (2) the validity of an environmental compliance certificate can be challenged through this writ if a connection is shown between any defects in the certificate and actual or threatened environmental damage. However, no such connection was demonstrated in this case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views2 pages

    Paje V Casino

    Uploaded by

    Marshae Chaclag Pasong
    This case involves a petition for a Writ of Kalikasan filed against the Department of Environment and Natural Resources (DENR) and other respondents over a proposed coal-fired power plant in Subic, Zambales. The Court of Appeals denied the writ but invalidated the environmental compliance certificate issued for the project. Both parties appealed. The Supreme Court ruled that (1) questions of fact can be raised on appeal for a writ of kalikasan and (2) the validity of an environmental compliance certificate can be challenged through this writ if a connection is shown between any defects in the certificate and actual or threatened environmental damage. However, no such connection was demonstrated in this case.

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    © All Rights Reserved
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    Paje v.

    Casino et al.
    Posted on October 27, 2016
    (Remedial law: Appeal; Environmental Law: Writ of Kalikasan)

    G.R. No. 207257        February 3, 2015

    HON. RAMON JESUS PAJE, in his capacity as DENR Secretary v. Hon.


    Teodoro Casino, et al.

    Facts

    The Department of Environment and Natural Resources, issued an


    Environmental Compliance Certificate for a proposed coal-fired power plant at
    Subic, Zambales to be implemented by RP Energy.

    Hon. Teodoro Casino and a number of legislators filed a Petition for Writ of
    Kalikasan against RP energy, SBMA, and Hon. Ramon Paje as the DENR
    secretary on the ground that actual environmental damage will occur if the
    power plant project is implemented and that the respondents failed to comply
    with certain laws and rules governing or relating to the issuance of an ECC
    and amendments thereto.

    The Court of Appeals denied the petition for the Writ of Kalikasan and
    invalidated the ECC. Both the DENR and Casino filed an appeal, the former
    imputing error in invalidating the ECC and its amendments, arguing that the
    determination of the validity of the ECC as well as its amendments is beyond
    the scope of a Petition for a Writ of kalikasan; while the latter claim that it is
    entitled to a Writ of Kalikasan.

    Issues

    1. Whether the parties may raise questions of fact on appeal on the


    issuance of a writ of Kalikasan; and
    2. Whether the validity of an ECC can be challenged via a writ of
    Kalikasan

    Ruling
    1. Yes, the parties may raise questions of fact on appeal on the issuance
    of a writ of Kalikasan because the Rules on the Writ of kalikasan (Rule
    7, Section 16 of the Rules of Procedure for Environmental Cases)allow
    the parties to raise, on appeal, questions of fact— and, thus, constitutes
    an exception to Rule 45 of the Rules of Court— because of the
    extraordinary nature of the circumstances surrounding the issuance of a
    writ of kalikasan.
    2. Yes, the validity of an ECC can be challenged via a writ of Kalikasan
    because such writ is principally predicated on an actual or threatened
    violation of the constitutional right to a balanced and healthful ecology,
    which involves environmental damage of a magnitude that transcends
    political and territorial boundaries.

    A party, therefore, who invokes the writ based on alleged defects or


    irregularities in the issuance of an ECC must not only allege and prove such
    defects or irregularities, but must also provide a causal link or, at least, a
    reasonable connection between the defects or irregularities in the issuance of
    an ECC and the actual or threatened violation of the constitutional right to a
    balanced and healthful ecology of the magnitude contemplated under the
    Rules. Otherwise, the petition should be dismissed outright and the action re-
    filed before the proper forum with due regard to the doctrine of exhaustion of
    administrative remedies.

    In the case at bar, no such causal link or reasonable connection was shown or
    even attempted relative to the aforesaid second set of allegations. It is a mere
    listing of the perceived defects or irregularities in the issuance of the ECC.

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