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(JAPEX), as represented
by its Philippine Agent, SUPPLY OILFIELD SERVICES, INC.,
397791
respondents.
_______________
of the Department of Energy (DOE), SECRETARY JOSE L. in environmental cases has been given a more liberalized
ATIENZA, in his capacity as Secretary of the Department of approach. While developments in Philippine legal theory and
Environment and Natural Resources (DENR), LEONARDO R. jurisprudence have not progressed as far as Justice Douglass
SIBBALUCA, DENR Regional Director-Region VII and in his paradigm of legal standing for inanimate objects, the current
capacity as Chairperson of the Taon Strait Protected trend moves towards simplification of procedures and
Seascape Management Board, Bureau of Fisheries and Aquatic facilitating court access in environmental cases. Recently, the
Resources (BFAR), DIRECTOR MALCOLM J. SARMIENTO, JR., Court passed the landmark Rules of Procedure for
BFAR Regional Director for Region VII ANDRES M. BOJOS, Environmental Cases, which allow for a citizen suit, and
JAPAN PETROLEUM EXPLORATION CO., LTD. (JAPEX), as permit any Filipino citizen to file an action before our courts
represented by its Philippine Agent, SUPPLY OILFIELD for violations of our environmental laws.
SERVICES, INC., respondents. Same; Same; Same; Same; Same; Environmental Cases;
Even before the Rules of Procedure for Environmental Cases
became effective, the Supreme Court (SC) had already taken
a permissive position on the issue of locus standi in
April 21, 2015.G.R. No. 181527.* environmental cases.Even before the Rules of Procedure for
Environmental Cases became effective, this Court had already
CENTRAL VISAYAS FISHERFOLK DEVELOPMENT CENTER taken a permissive position on the issue of locus standi in
(FIDEC), CERILO D. ENGARCIAL, RAMON YANONG, FRANCISCO environmental cases. In Oposa v. Factoran, Jr., 224 SCRA 792
LABID, in their personal capacity and as representatives of the (1993), we allowed the suit to be brought in the name of
SUBSISTENCE FISHERFOLKS OF THE MUNICIPALITIES OF generations yet unborn based on the concept of
ALOGUINSAN AND PINAMUNGAJAN, CEBU, AND THEIR intergenerational responsibility insofar as the right to a
FAMILIES, AND THE PRESENT AND FUTURE GENERATIONS OF balanced and healthful ecology is concerned. Furthermore,
FILIPINOS WHOSE RIGHTS ARE SIMILARLY AFFECTED, we said that the right to a balanced and healthful ecology, a
petitioners, vs. SECRETARY ANGELO REYES, in his capacity as right that does not even need to be stated in our Constitution
Secretary of the Department of Energy (DOE), JOSE L. as it is assumed to exist from the inception of humankind,
ATIENZA, in his capacity as Secretary of the Department of carries with it the correlative duty to refrain from impairing
Environment and Natural Resources (DENR), LEONARDO R. the environment. In light of the foregoing, the need to give
SIBBALUCA, in his capacity as DENR Regional Director-Region the Resident Marine Mammals legal standing has been
VII and as Chairperson of the Taon Strait Protected Seascape eliminated by our Rules, which allow any Filipino citizen, as a
Management Board, ALAN ARRANGUEZ, in his capacity as steward of nature, to bring a suit to enforce our environmental
Director, Environmental Management Bureau-Region VII, DOE laws. It is worth noting
Regional Director for Region VIII1 ANTONIO LABIOS, JAPAN
516 that the deletion of the words service contracts in the 1987
Constitution did not amount to a ban on them per se. In fact,
516 SUPREME COURT REPORTS ANNOTATED
Resident Marine Mammals of the Protected Seascape Taon in that decision, we quoted in length, portions of the
Strait vs. Reyes
deliberations of the members of the Constitutional
here that the Stewards are joined as real parties in the
Commission (ConCom) to show that in deliberating on
Petition and not just in representation of the named cetacean
paragraph 4, Section 2, Article XII, they were actually referring
species. The Stewards, Ramos and Eisma-Osorio, having
to service contracts as understood in the 1973 Constitution,
shown in their petition that there may be possible violations of
albeit with safety measures to eliminate or minimize the
laws concerning the habitat of the Resident Marine Mammals,
abuses prevalent during the martial law regime.
are therefore declared to possess the legal standing to file this
Natural Resources; Oil Explorations; Oil Exploration and
petition.
Development Act of 1972; The disposition, exploration,
Same; Same; Same; Unwilling Co-petitioners; Impleading
development, exploitation, and utilization of indigenous
the former President as an unwilling co-petitioner, for an act
petroleum in the Philippines are governed by Presidential
she made in the performance of the functions of her office, is
Decree (PD) No. 87 or the Oil Exploration and Development
contrary to the public policy against embroiling the President
Act of 1972.The disposition, exploration, development,
in suits, to assure the exercise of Presidential duties and
exploitation, and utilization of indigenous petroleum in the
functions free from any hindrance or distraction, considering
Philippines are governed by Presidential Decree No. 87 or the
that being the Chief Executive of the Government is a job
Oil Exploration and Development Act of 1972. This was
that, aside from requiring all of the office holders time, also
enacted by then President Ferdinand Marcos to promote the
demands undivided attention.Section 10, Rule 3 of the
discovery and production of indigenous petroleum through the
Rules of Court provides: Sec. 10. Unwilling co-plaintiff.If the
utilization of government and/or local or foreign private
consent of any party who should be joined as plaintiff can not
resources to yield the maximum benefit to the Filipino people
be obtained, he may be made a defendant and the reason
and the revenues to the Philippine Government. Contrary to
therefor shall be stated in the complaint. Under the foregoing
the petitioners argument, Presidential Decree No. 87,
rule, when the consent of a party who should be joined as a
although enacted in 1972, before the adoption of the 1987
plaintiff cannot be obtained, he or she may be made a party
Constitution, remains to be a valid law unless otherwise
defendant to the case. This will put the unwilling party under
repealed.
the jurisdiction of the Court, which can properly implead him
Statutory Construction; In cases where the statute seems
or her through its processes. The unwilling partys name
to be in conflict with the Constitution, but a construction that
cannot be simply included in a petition, without his or her
it is in harmony with the Constitution is also possible, that
knowledge and consent, as such would be a denial of due
construction should be preferred.In cases where the statute
process. Moreover, the reason cited by the petitioners
seems to be in conflict with the Constitution, but a
Stewards for including former President Macapagal-Arroyo in
construction that it is in harmony with the Constitution is also
their petition, is not sufficient to implead her as an unwilling
possible, that construction should be preferred. This Court, in
co-petitioner. Impleading the former President as an unwilling
Pangandaman v. Commission on Elections, 319 SCRA 283
co-petitioner, for an act she made in the performance of the
(1999), expounding on this point, pronounced: It is a basic
functions of her office, is contrary to the public policy against
precept in statutory construction that a statute should be
embroiling the President in suits, to assure the exercise of
interpreted in harmony with the Constitution and that the
Presidential duties and functions free from any hindrance or
spirit, rather than the letter of the law determines its
distraction, considering that being the Chief Executive of the
construction; for that reason, a stat-
Government is a job that, aside from requiring all of the office
holders time, also demands undivided attention. Therefore, 518
former President Macapagal-Arroyo cannot be impleaded as
518 SUPREME COURT REPORTS ANNOTATED
one of the petitioners in this suit. Thus, her name is stricken Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes
off the title of this case.
ute must be read according to its spirit and intent. x x x.
Service Contracts; In La Bugal-Blaan Tribal Association,
(Citation omitted) Consequently, we find no merit in
Inc. v. Ramos, 445 SCRA 1 (2004), the Supreme Court (SC)
petitioners contention that SC-46 is prohibited on the ground
held that the deletion of the words service contracts in the
that there is no general law prescribing the standard or
1987 Constitution did
uniform terms, conditions, and requirements for service
517 contracts involving oil exploration and extraction.
Constitutional Law; Presidency; Oil Explorations; Natural
VOL. 756, APRIL 21, 2015 517
Resident Marine Mammals of the Protected Seascape Taon Resources; Paragraph 4, Section 2, Article XII of the 1987
Strait vs. Reyes
Constitution requires that the President himself enter into any
not amount to a ban on them per se.This Court has
service contract for the exploration of petroleum.Paragraph
previously settled the issue of whether service contracts are
4, Section 2, Article XII of the 1987 Constitution requires that
still allowed under the 1987 Constitution. In La Bugal-Blaan
the President himself enter into any service contract for the
Tribal Association, Inc. v. Ramos, 445 SCRA 1 (2004), we held
exploration of petroleum. SC-46 appeared to have been
entered into and signed only by the DOE through its then possible. The following categories of protected areas were
Secretary, Vicente S. Perez, Jr., contrary to the said established under the NIPAS Act: a. Strict nature reserve; b.
constitutional requirement. Moreover, public respondents Natural park; c. Natural monument; d. Wildlife sanctuary; e.
have neither shown nor alleged that Congress was Protected landscapes and seascapes; f. Resource reserve; g.
subsequently notified of the execution of such contract. Public Natural biotic areas; and h. Other categories established by
respondents implied argument that based on the alter ego law, conventions or international agreements which the
principle, their acts are also that of then President Philippine Government is a signatory.
Macapagal-Arroyos, cannot apply in this case. In Joson v. Same; Same; Same; Same; Under Section 4 of the
Torres, 290 SCRA 279 (1998), we explained the concept of the National Integrated Protected Areas System Act of 1992
alter ego principle or the doctrine of qualified political agency (NIPAS Act), a protected area refers to portions of land and
and its limit in this wise: Under this doctrine, which recognizes water, set aside due to their unique physical and biological
the establishment of a single executive, all executive and significance, managed to enhance biological diversity and
administrative organizations are adjuncts of the Executive protected against human exploitation.Under Section 4 of the
Department, the heads of the various executive departments NIPAS Act, a protected area refers to portions of land and
are assistants and agents of the Chief Executive, and, except water, set aside due to their unique physical and biological
in cases where the Chief Executive is required by the significance, managed to enhance biological diversity and
Constitution or law to act in person or the exigencies protected against human exploitation. The Taon Strait,
of the situation demand that he act personally, the pursuant to Proclamation No. 1234, was set aside and
multifarious executive and administrative functions of the declared a protected area under the category of Protected
Chief Executive are performed by and through the executive Seascape. The NIPAS Act defines a Protected Seascape to be
departments, and the acts of the Secretaries of such an area of national significance characterized by the
departments, performed and promulgated in the regular harmonious interaction of man and land while providing
course of business, are, unless disapproved or reprobated by opportunities for public enjoyment through recreation and
the Chief Executive presumptively the acts of the Chief tourism within the normal lifestyle and economic activity of
Executive. this areas; thus a management plan for each area must be
Same; Balanced and Healthful Ecology; National designed to protect and enhance the permanent preservation
Integrated Protected Areas System Act of 1992; Natural of its natural conditions. Consistent with
Resources; True to the constitutional policy that the State
520
shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and VOL. 756, APRIL 21, 2015 520
Resident Marine Mammals of the Protected Seascape Taon
harmony of nature, Congress enacted the National Strait vs. Reyes
Integrated Protected Areas System Act of 1992 (NIPAS Act) to
this endeavor is the requirement that an Environmental
secure the perpetual existence of all native plants and
Impact Assessment (EIA) be made prior to undertaking any
animals through the
activity outside the scope of the management plan. Unless an
ECC under the EIA system is obtained, no activity inconsistent
519
with the goals of the NIPAS Act shall be implemented.
VOL. 756, APRIL 21, 2015 519
Same; Same; Same; Same; Environmentally Critical Area;
Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes Environmental Impact Statement System; The Environmental
establishment of a comprehensive system of integrated Impact Statement System (EISS) prohibits any person,
protected areas.True to the constitutional policy that the partnership or corporation from undertaking or operating any
State shall protect and advance the right of the people to a declared environmentally critical project or areas without first
balanced and healthful ecology in accord with the rhythm and securing an Environmental Compliance Certificate (ECC)
harmony of nature, Congress enacted the NIPAS Act to issued by the President or his duly authorized representative.
secure the perpetual existence of all native plants and The Environmental Impact Statement System (EISS) was
animals through the establishment of a comprehensive established in 1978 under Presidential Decree No. 1586. It
system of integrated protected areas. These areas possess prohibits any person, partnership or corporation from
common ecological values that were incorporated into a undertaking or operating any declared environmentally critical
holistic plan representative of our natural heritage. The project or areas without first securing an ECC issued by the
system encompasses outstandingly remarkable areas and President or his duly authorized representative. Pursuant to
biologically important public lands that are habitats of rare the EISS, which called for the proper management of
and endangered species of plants and animals, biogeographic environmentally critical areas, Proclamation No. 2146 was
zones and related ecosystems, whether terrestrial, wetland, or enacted, identifying the areas and types of projects to be
marine. It classifies and administers all the designated considered as environmentally critical and within the scope of
protected areas to maintain essential ecological processes the EISS, while DENR Administrative Order No. 2003-30
and life-support systems, to preserve genetic diversity, to provided for its Implementing Rules and Regulations (IRR).
ensure sustainable use of resources found therein, and to Same; Same; Same; Same; Same; Words and Phrases;
maintain their natural conditions to the greatest extent Department of Environment and Natural Resources (DENR)
Administrative Order No. 2003-30 defines an environmentally energy resource exploitation and utilization may be
critical area as an area delineated as environmentally done in said protected seascape.
sensitive such that significant environmental impacts are
Leonen,J., Concurring Opinion:
expected if certain types of proposed projects or programs
Remedial Law; Civil Procedure; Parties; Locus Standi; View
are located, developed, or implemented in it; thus, before a
that in our jurisdiction, persons and entities are recognized
project, which is any activity, regardless of scale or
both in law and the Rules of Court as having standing to sue
magnitude, which may have significant impact on the
and, therefore, may be properly represented as real parties-
environment, is undertaken in it, such project must undergo
in-interest. The same cannot be said about animals.In our
an Environmental Impact Assessment (EIA) to evaluate and
jurisdiction, persons and entities are recognized both in law
predict the likely impacts of all its stages on the environment.
and the Rules of Court as having standing to sue and,
DENR Administrative Order No. 2003-30 defines an
therefore, may be properly represented as real
environmentally critical area as an area delineated as
environmentally sensitive such that significant environmental
522
impacts are expected if certain types of proposed projects or
522 SUPREME COURT REPORTS ANNOTATED
programs are located, developed, or implemented in it; thus,
Resident Marine Mammals of the Protected Seascape Taon
before a project, which is any activity, regardless of scale or Strait vs. Reyes
magnitude, which may have significant impact on the parties-in-interest. The same cannot be said about
environment, is undertaken in it, such project must undergo animals. Animals play an important role in households,
an EIA to evaluate and pre- communities, and the environment. While we, as humans,
may feel the need to nurture and protect them, we cannot go
521
as far as saying we represent their best interests and can,
VOL. 756, APRIL 21, 2015 521 therefore, speak for them before the courts. As humans, we
Resident Marine Mammals of the Protected Seascape Taon
cannot be so arrogant as to argue that we know the suffering
Strait vs. Reyes
of animals and that we know what remedy they need in the
dict the likely impacts of all its stages on the environment.
face of an injury.
An EIA is described in detail as follows: h. Environmental
Same; Same; Same; Same; Citizen Suits; View that a
Impact Assessment (EIA) process that involves evaluating
citizen suit allows any Filipino to act as a representative of a
and predicting the likely impacts of a project (including
party who has enforceable rights under environmental laws
cumulative impacts) on the environment during construction,
before Philippine courts.What may be argued as being
commissioning, operation and abandonment. It also includes
parallel to this concept of guardianship is the principle of
designing appropriate preventive, mitigating and
human stewardship over the environment in a citizen suit
enhancement measures addressing these consequences to
under the Rules of Procedure for Environmental Cases. A
protect the environment and the communitys welfare. The
citizen suit allows any Filipino to act as a representative of a
process is undertaken by, among others, the project
party who has enforceable rights under environmental laws
proponent and/or EIA Consultant, EMB, a Review Committee,
before Philippine courts, 5.and is defined in Section 5:
affected communities and other stakeholders.
SEC.Citizen suit.Any Filipino citizen in representation of
Same; Same; Same; Natural Resources; Service
others, including minors or generations yet unborn, may file
Contracts; Oil Explorations; While Presidential Decree (PD) No.
an action to enforce rights or obligations under environmental
87 may serve as the general law upon which a service
laws. Upon the filing of a citizen suit, the court shall issue an
contract for petroleum exploration and extraction may be
order which shall contain a brief description of the cause of
authorized, the exploitation and utilization of this energy
action and the reliefs prayed for, requiring all interested
resource in the present case may be allowed only through a
parties to manifest their interest to intervene in the case
law passed by Congress, since the Taon Strait is a National
within fifteen (15) days from notice thereof. The plaintiff may
Integrated Protected Areas System (NIPAS) area.SC-46 was
publish the order once in a newspaper of a general circulation
not executed for the mere purpose of gathering information
in the Philippines or furnish all affected barangays copies of
on the possible energy resources in the Taon Strait as it also
said order.
provides for the parties rights and obligations relating to
Same; Same; Same; Same; Same; Real Party-in-Interest;
extraction and petroleum production should oil in commercial
View that extending the application of real party-in-interest
quantities be found to exist in the area. While Presidential
to the Resident Marine Mammals, or animals in general,
Decree No. 87 may serve as the general law upon
through a judicial pronouncement will potentially result in
which a service contract for petroleum exploration and
allowing petitions based on mere concern rather than an
extraction may be authorized, the exploitation and
actual enforcement of a right.The danger in invoking Oposa
utilization of this energy resource in the present case
v. Factoran, Jr., 224 SCRA 792 (1993), to justify all kinds of
may be allowed only through a law passed by
environmental claims lies in its potential to diminish the value
Congress, since the Taon Strait is a NIPAS area. Since
of legitimate environmental rights. Extending the application
there is no such law specifically allowing oil
of real party-in-interest to the Resident Marine Mammals, or
exploration and/or extraction in the Taon Strait, no
animals in general, through a judicial pronouncement will
Strait vs. Reyes
potentially result in allowing petitions based on mere concern
rather than an actual enforcement of a right. It is impossible
egos. The procedural situation caused by petitioners may
for animals to tell humans what their concerns are. At best,
have gained public attention, but its legal absurdity borders
humans can only sur-
on the contemptuous. The Former Presidents name should be
523 stricken out of the title of this case.
VOL. 756, APRIL 21, 2015 523 Constitutional Law; Natural Resources; National
Resident Marine Mammals of the Protected Seascape Taon Integrated Protected Areas System Act of 1992; View that
Strait vs. Reyes
Service Contract No. 46 (SC-46) is illegal because it violates
mise the extent of injury inflicted, if there be any. Petitions
Republic Act (RA) No. 7586 or the National Integrated
invoking a right and seeking legal redress before this court
Protected Areas System Act of 1992 (NIPAS Act), and
cannot be a product of guesswork, and representatives have
Presidential Decree (PD) No. 1234, which declared Taon
the responsibility to ensure that they bring reasonably
Strait as a protected seascape. It is unconstitutional because
cogent, rational, scientific, well-founded arguments on behalf
it violates the fourth paragraph of Article XII, Section 2 of the
of those they represent.
Constitution.SC-46 is illegal because it violates Republic Act
Same; Same; Same; Same; Same; View that no person
No. 7586 or the National Integrated Protected Areas System
may implead any other person as a co-plaintiff or co-
Act of 1992, and Presidential Decree No. 1234, which declared
petitioner without his or her consent.No person may
Taon Strait as a protected seascape. It is unconstitutional
implead any other person as a co-plaintiff or co-petitioner
because it violates the fourth paragraph of Article XII, Section
without his or her consent. In our jurisdiction, only when there
2 of the Constitution.
is a party that should have been a necessary party but was
Same; Same; Oil Explorations; View that fully foreign-
unwilling to join would there be an allegation as to why that
owned corporations may participate in the exploration,
party has been omitted. In Rule 3, Section 9 of the 1997 Rules
development, and use of natural resources, but only through
of Civil Procedure: SEC. 9. Nonjoinder of necessary
either financial agreements or technical ones.I agree that
parties to be pleaded.Whenever in any pleading in which
fully foreign-owned corporations may participate in the
a claim is asserted a necessary party is not joined, the pleader
exploration, development, and use of natural resources, but
shall set forth his name, if known, and shall state why he is
only through either financial agreements or technical ones.
omitted. Should the court find the reason for the omission
This is the clear import of the words either financial or
unmeritorious, it may order the inclusion of the omitted
technical assistance agreements. This is also the clear result
necessary party if jurisdiction over his person may be
if we compare the 1987 constitutional provision with the
obtained. The failure to comply with the order for his
versions in the 1973 and 1935 Constitution.
inclusion, without justifiable cause, shall be deemed a waiver
Same; Same; Service Contracts; View that the deletion of
of the claim against such party. The noninclusion of a
service contracts from the enumeration of the kind of
necessary party does not prevent the court from proceeding
agreements the President may enter into with foreign-owned
in the action, and the judgment rendered therein shall be
corporations for exploration and utilization of resources
without prejudice to the rights of such necessary party. A
means that service contracts are no longer allowed by the
party who should have been a plaintiff or petitioner but whose
Constitution.The deletion of service contracts from the
consent cannot be obtained should be impleaded as a
enumeration of the kind of agreements the President may
defendant in the nature of an unwilling co-plaintiff under Rule
enter into with foreign-owned corporations for exploration and
3, Section 10 of the 1997 Rules of Civil Procedure.
utilization of resources means that service contracts are no
Same; Same; Same; Unwilling Co-petitioners; View that
longer allowed by the Constitution. Pursuant to Article XVIII,
petitioners should not take it upon themselves to simply
Section 3 of the 1987 Constitution, this inconsistency renders
implead any party who does not consent as a petitioner.The
the law invalid and ineffective. SC-46 suffers from the lack of
reason for this rule is plain: Indispensable party plaintiffs who
a special law allowing its activities. The Main Opinion
should be part of the action but who do not consent should be
emphasizes an important point, which is that SC-46 did not
put within the jurisdiction of the court through summons or
merely involve exploratory activities, but also provided
other court processes. Petitioners should not take it upon
themselves to simply implead any party who does not consent 525
as a petitioner. This places the unwilling co-petitioner at the
VOL. 756, APRIL 21, 2015 525
risk of being denied due process. Besides, Former President Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes
Gloria Macapagal-Arroyo cannot be a party to this suit. As a
the rights and obligations of the parties should it be
coequal constitutional department, we cannot assume that
discovered that there is oil in commercial quantities in the
the President needs to enforce policy directions by suing his or
area. The Taon Strait being a protected seascape under
her alter
Presidential Decree No. 1234 requires that the exploitation
524 and utilization of energy resources from that area are
524 SUPREME COURT REPORTS ANNOTATED explicitly covered by a law passed by Congress specifically for
Resident Marine Mammals of the Protected Seascape Taon that purpose, pursuant to Section 14 of Republic Act No. 7586
or the National Integrated Protected Areas System Act of Environment and Natural Resources (DENR), which shall be
1992. publicly accessible.In projects involving the exploration or
Remedial Law; Civil Procedure; Parties; Locus Standi; View utilization of energy resources, the National Integrated
that former President Gloria Macapagal-Arroyo (PGMA) was Protected Areas System Act of 1992 additionally requires that
not the signatory to Service Contract No. 46 (SC-46), contrary a program be approved by the Department of Environment
to the requirement set by paragraph 4 of Article XII, Section 2 and Natural Resources, which shall be publicly accessible. The
for service contracts involving the exploration of petroleum. program shall also be submitted to the President, who in turn
Former President Gloria Macapagal-Arroyo was not the will recommend the program to Congress. Furthermore,
signatory to SC-46, contrary to the requirement set by Congress must enact a law specifically allowing the
paragraph 4 of Article XII, Section 2 for service contracts exploitation of energy resources found within a protected area
involving the exploration of petroleum. SC-46 was entered such as Taon Strait.
into by then Department of Energy Secretary Vicente S. Perez,
SPECIAL CIVIL ACTIONS in the Supreme Court. Certiorari,
Jr., on behalf of the government. I agree with the Main Opinion
Prohibition, Mandamus and Injunction.
that in cases where the Constitution or law requires the
The facts are stated in the opinion of the Court.
President to act personally on the matter, the duty cannot be
Dante T. Ramos for petitioners in G.R. No. 181527.
delegated to another public official. La Bugal-Blaan Tribal
Benjamin A. Cabrido, Jr. for petitioners in G.R. No.
Association, Inc. v. Ramos, 445 SCRA 1 (2004), highlights the
180771.
importance of the Presidents involvement, being one of the
Jose A. Ramos, Jr. and Anna Asuncion Angeles-Patajo for
constitutional safeguards against abuse and corruption, as not
JAPEX Philippines Ltd.
mere formality.
Henry D. Castro for Supply Oilfield Services, Inc.
Constitutional Law; View that Service Contract No. 46 (SC-
Noel C. Empleo for respondents Leonardo Sibbaluca and
46), was executed and implemented absent all the
Alan C. Arranguez.
requirements provided under paragraph 4 of Article XII,
Section 2. It is, therefore, null and void.Public respondents
527
also failed to show that Congress was subsequently informed
VOL. 756, APRIL 21, 2015 527
of the execution and existence of SC-46. The reporting
Resident Marine Mammals of the Protected Seascape Taon
requirement is an equally important requisite to the validity of Strait vs. Reyes
any service contract involving the exploration, development, Ben Julius S. Gagni for Department of Energy Visayas
and utilization of Philippine petroleum. Public respondents Field Office.
failure to report to Congress about SC-46 effectively took
away any opportunity for the legislative branch to scrutinize
LEONARDO-DE CASTRO,J.:
its terms and conditions. In sum, SC-46 was executed and
implemented absent all the requirements provided under
Before Us are two consolidated Petitions filed under Rule
paragraph 4 of Article XII, Section 2. It is, therefore, null and
65 of the 1997 Rules of Court, concerning Service Contract
void.
No. 46 (SC-46), which allowed the exploration, development,
Same; View that Service Contract No. 46 (SC-46), aside
and exploitation of petroleum resources within Taon Strait, a
from not having complied with the 1987 Constitution, is also
narrow passage of water situated between the islands of
null and void
Negros and Cebu.2
526 The Petition docketed as G.R. No. 180771 is an original
Petition for Certiorari, Mandamus, and Injunction, which seeks
526 SUPREME COURT REPORTS ANNOTATED
Resident Marine Mammals of the Protected Seascape Taon to enjoin respondents from implementing SC-46 and to have it
Strait vs. Reyes
nullified for willful and gross violation of the 1987 Constitution
for being violative of environmental laws protecting
and certain international and municipal laws.3
Taon Strait.I am of the view that SC-46, aside from not
Likewise, the Petition docketed as G.R. No. 181527 is an
having complied with the 1987 Constitution, is also null and
original Petition for Certiorari, Prohibition, and Mandamus,
void for being violative of environmental laws protecting
which seeks to nullify the Environmental Compliance
Taon Strait. In particular, SC-46 was implemented despite
Certificate (ECC) issued by the Environmental Management
falling short of the requirements of the National Integrated
Bureau (EMB) of the Department of Environment and Natural
Protected Areas System Act of 1992. As a protected seascape
Resources (DENR), Region VII in connection with SC-46; to
under Presidential Decree No. 1234, Taon Strait is covered by
prohibit respondents from implementing SC-46; and to compel
the National Integrated Protected Areas System Act of 1992.
public respondents to provide petitioners access to the
Same; Natural Resources; Oil Explorations; National
pertinent documents involving the Taon Strait Oil Exploration
Integrated Protected Areas System Act of 1992 (R.A. No.
Project.4
7586); View that in projects involving the exploration or
utilization of energy resources, the National Integrated
Antecedent Facts and Proceedings
Protected Areas System Act of 1992 (NIPAS Act) additionally
requires that a program be approved by the Department of
Petitioners in G.R. No. 180771, collectively referred to as Taon Strait. The studies included surface geology, sample
the Resident Marine Mammals in the petition, are the analysis, and reprocessing of seismic and magnetic data.
toothed whales, dolphins, porpoises, and other cetacean spe- JAPEX, assisted by DOE, also conducted geophysical and
_______________ satellite surveys, as well as oil and gas sampling in Taon
Strait.7
2 Rollo (G.R. No. 181527), Vol. I, p. 6. On December 21, 2004, DOE and JAPEX formally
3 Rollo (G.R. No. 180771), Vol. I, pp. 10-11. converted GSEC-102 into SC-46 for the exploration,
4 Rollo (G.R. No. 181527), Vol. I, pp. 13-15. development, and production of petroleum resources in a
block covering approximately 2,850 square kilometers
528
8
offshore the Taon Strait.
528 SUPREME COURT REPORTS ANNOTATED From May 9 to 18, 2005, JAPEX conducted seismic surveys
Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes in and around the Taon Strait. A multi-channel sub-bottom
cies, which inhabit the waters in and around the Taon profiling covering approximately 751 kilometers was also done
Strait. They are joined by Gloria Estenzo Ramos (Ramos) and to determine the areas underwater composition. 9
Rose-Liza Eisma-Osorio (Eisma-Osorio) as their legal JAPEX committed to drill one exploration well during the
guardians and as friends (to be collectively known as the second sub-phase of the project. Since the well was to be
Stewards) who allegedly empathize with, and seek the drilled in the marine waters of Aloguinsan and Pinamungajan,
protection of, the aforementioned marine species. Also where the Taon Strait was declared a protected seascape in
impleaded as an unwilling co-petitioner is former President 1988,10 JAPEX agreed to comply with the Environmental
Gloria Macapagal-Arroyo, for her express declaration and Impact Assessment requirements pursuant to Presidential
undertaking in the ASEAN Charter to protect the Taon Strait, Decree No. 1586, entitled Establishing An Environmental
Petitioners in G.R. No. 181527 are the Central Visayas Management Related Measures And For Other Purposes. 11
Memorandum. JAPEX PH then asked for an additional thirty of its being granted by the Securities and Exchange
days, supposedly to give this Court some time to consider its Commission a license to transact business in the Philippines,
Motion for Clarification. that if at any time said corporation shall cease to transact
On April 24, 2012, this Court issued a Resolution 26
business in the Philippines, or shall be without any resident
granting JAPEX PHs Motion to Admit its Motion for agent in the Philippines on whom any summons or other legal
Clarification. This Court, addressing JAPEX PHs Motion for processes may be served, then in any action or proceeding
Clarification, held: arising out of any business or transaction which occurred in
With regard to its Motion for Clarification (By Special the Philippines, service of any summons or other legal process
Appearance) dated March 19, 2012, this Court con- may be made upon the Securities and Exchange Commission
and that such service shall have the same force and effect as
_______________
if made upon the duly-authorized officers of the corporation at
its home office.
23 Id., at pp. 278-281.
Whenever such service of summons or other process shall
24 Id., at pp. 282-288.
be made upon the Securities and Exchange Commission, the
25 Id., at pp. 289-293.
Commission shall, within ten (10) days thereafter, transmit by
26 Id., at pp. 305-308.
mail a copy of such summons or other legal process to the
for the responsibilities and duties of a resident agent of a 536 SUPREME COURT REPORTS ANNOTATED
foreign corporation: Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes
128.SECTIONResident agent; service of process.The
resolutions from this Court, as evidenced by Registry
Securities and Exchange Commission shall require as a
Return Cards signed by its representatives.
condition precedent to the issuance of the license to transact
business in the Philippines by any foreign corporation that
such corporation file with the Securities and Exchange And in the interest of justice, this Court resolved to grant
Commission a written power of attorney designating some JAPEX PHs motion for extension of time to file its
person who must be a resident of the Philippines, on whom memorandum, and was given until April 21, 2012, as prayed
any summons and other legal processes may be served in all for, within which to comply with the submission.27
actions or other legal proceedings against such corporation, Without filing its Memorandum, JAPEX PH, on May 14,
and consenting that service upon such resident agent shall be 2012, filed a motion, asking this Court for an additional thirty
admitted and held as valid as if served upon the duly days to file its Memorandum, to be counted from May 8, 2012.
authorized officers of the foreign corporation at its home It justified its request by claiming that this Courts April 24,
office. Any such foreign corporation shall likewise execute and 2012 Resolution was issued past its requested deadline for
file with the Securities and Exchange Commission an filing, which was on April 21, 2012.28
agreement or stipulation, executed by the proper authorities On June 19, 2012, this Court denied JAPEX PHs second
of said corporation, in form and substance as follows: request for additional time to file its Memorandum and
The (name of foreign corporation) does hereby stipulate dispensed with such filing.
and agree, in consideration Since petitioners had already filed their respective
29
memoranda, and public respondents had earlier filed a
535
30
Manifestation that they were adopting their Comment dated
March 31, 2008 as their memorandum, this Court submitted 33 Rollo (G.R. No. 181527), Vol. I, pp. 16-19.
the case for decision. 34 Id., at pp. 34-40.
35 Id., at p. 24.
Petitioners Allegations
538
Protesting the adverse ecological impact of JAPEXs oil 538 SUPREME COURT REPORTS ANNOTATED
Resident Marine Mammals of the Protected Seascape Taon
exploration activities in the Taon Strait, petitioners Resident Strait vs. Reyes
Marine Mammals and Stewards aver that a study made after
Public Respondents Counter-Allegations
the seismic survey showed that the fish catch was reduced
drastically by 50 to 70 percent. They claim that before the
Public respondents, through the Solicitor General, contend
seismic survey, the average harvest per day would be from 15
that petitioners Resident Marine Mammals and Stewards have
_______________
no legal standing to file the present petition; that SC-46 does
not violate the 1987 Constitution and the various laws cited in
27 Id., at p. 307.
the petitions; that the ECC was issued in accordance with
28 Id., at p. 311.
existing laws and regulations; that public respondents may
29 Id., at pp. 149-268, and Rollo (G.R. No. 181527), Vol. I,
not be compelled by mandamus to furnish petitioners copies
pp. 235-304.
of all documents relating to SC-46; and that all the petitioners
30 Id., at pp. 140-142.
failed to show that they are entitled to injunctive relief. They
537 further contend that the issues raised in these petitions have
been rendered moot and academic by the fact that SC-46 had
VOL. 756, APRIL 21, 2015 537
Resident Marine Mammals of the Protected Seascape Taon been mutually terminated by the parties thereto effective June
Strait vs. Reyes 21, 2008.36
to 20 kilos; but after the activity, the fisherfolk could only
catch an average of 1 to 2 kilos a day. They attribute this Issues
reduced fish catch to the destruction of the payao, also
known as the fish aggregating device or artificial reef. 31 The following are the issues posited by petitioners
Petitioners Resident Marine Mammals and Stewards also Resident Marine Mammals and Stewards in G.R. No. 180771:
impute the incidences of fish kill 32 observed by some of the I. WHETHER OR NOT PETITIONERS HAVE LOCUS STANDI TO
local fisherfolk to the seismic survey. And they further allege FILE THE INSTANT PETITION;
that the ECC obtained by private respondent JAPEX is invalid II. WHETHER OR NOT SERVICE CONTRACT NO. 46 IS
because public consultations and discussions with the VIOLAT[IVE] OF THE 1987 PHILIPPINE CONSTITUTION AND
affected stakeholders, a prerequisite to the issuance of the STATUTES;
ECC, were not held prior to the ECCs issuance. III. WHETHER OR NOT THE ONGOING EXPLORATION AND
In its separate petition, petitioner FIDEC confirms PROPOSED EXPLOITATION FOR OIL AND NATURAL GAS AT,
petitioners Resident Marine Mammals and Stewards AROUND, AND UNDERNEATH THE MARINE WATERS OF THE
allegations of reduced fish catch and lack of public TAON STRAIT PROTECTED SEASCAPE IS INCONSISTENT WITH
consultations or discussions with the fisherfolk and other THE PHILIPPINE COMMITMENTS TO INTERNATIONAL
stakeholders prior to the issuance of the ECC. Moreover, it ENVIRONMENTAL LAWS AND INSTRUMENTS; AND
alleges that during the seismic surveys and drilling, it was
barred from entering and fishing within a 7-kilometer radius _______________
from the point where the oilrig was located, an area greater
36 Rollo (G.R. No. 180771), Vol. II, pp. 945-946.
than the 1.5-kilometer radius exclusion zone stated in the
IEE.33 It also agrees in the allegation that public respondents
539
DENR and EMB abused their discretion when they issued an
VOL. 756, APRIL 21, 2015 539
ECC to public respondent DOE and private respondent JAPEX
Resident Marine Mammals of the Protected Seascape Taon
without ensuring the strict compliance with the procedural Strait vs. Reyes
and substantive requirements under the Environmental IV. WHETHER OR NOT THE ISSUANCE OF THE
Impact Assessment system, the Fisheries Code, and their ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC) IN
implementing rules and regulations. 34
It further claims that ENVIRONMENTALLY CRITICAL AREAS AND HABITATS OF
despite several requests for copies of all the documents MARINE WILDLIFE AND ENDANGERED SPECIES IS LEGAL AND
pertaining to the project in Taon Strait, only copies of the PROPER.37
PAMB-Taon Strait Resolution and the ECC were given to the
fisherfolk.35
Meanwhile, in G.R. No. 181527, petitioner FIDEC presented
_______________
the following issues for our consideration:
37 Id., Vol. I, p. 14. since they stand to be benefited or injured by the judgment in
this suit.40 Citing Oposa v. Factoran, Jr.,41 they also assert their
540 right to sue for the faithful performance of international and
540 SUPREME COURT REPORTS ANNOTATED municipal environmental laws created in their favor and for
Resident Marine Mammals of the Protected Seascape Taon their benefit. In this regard, they propound that they have the
Strait vs. Reyes
right to demand that they be accorded the benefits granted to
V. WHETHER OR NOT THE RESPONDENTS MAY BE
them in multilateral international instruments that the
COMPELLED BY MANDAMUS TO FURNISH PETITIONERS WITH
Philippine Government had signed, under the concept of
COPIES OF THE DOCUMENTS PERTAINING TO THE TAON
stipulation pour autrui.42
STRAIT OIL EXPLORATION PROJECT.38
For their part, the Stewards contend that there should be
no question of their right to represent the Resident Marine
In these consolidated petitions, this Court has determined Mammals as they have stakes in the case as forerunners of a
that the various issues raised by the petitioners may be campaign to build awareness among the affected residents of
condensed into two primary issues: Taon Strait and as stewards of the environment since the
I. Procedural Issue: Locus Standi of the Resident Marine primary steward, the Government, had failed in its duty to
Mammals and Stewards, petitioners in G.R. No. 180771; and protect the environment pursuant to the public trust
43
II. Main Issue: Legality of Service Contract No. 46. doctrine.
_______________
Discussion
40 Rollo (G.R. No. 180771), Vol. I, p. 15.
At the outset, this Court makes clear that the moot and 41 G.R. No. 101083, July 30, 1993, 224 SCRA 792.
academic principle is not a magical formula that can 42 Rollo (G.R. No. 180771), Vol. I, pp. 15-16.
automatically dissuade the courts in resolving a case. Courts 43 Id., at p. 123.
have decided cases otherwise moot and academic under the
542
following exceptions:
1) There is a grave violation of the Constitution; 542 SUPREME COURT REPORTS ANNOTATED
Resident Marine Mammals of the Protected Seascape Taon
2) The exceptional character of the situation and the Strait vs. Reyes
paramount public interest is involved;
Petitioners Resident Marine Mammals and Stewards also
3) The constitutional issue raised requires formulation of
aver that this Court may lower the benchmark in locus standi
controlling principles to guide the bench, the bar, and the
as an exercise of epistolary jurisdiction.44
public; and
In opposition, public respondents argue that the Resident
4) The case is capable of repetition yet evading review.39
Marine Mammals have no standing because Section 1, Rule 3
of the Rules of Court requires parties to an action to be either
In this case, despite the termination of SC-46, this Court
natural or juridical persons, viz.:
deems it necessary to resolve these consolidated petitions as
_______________
1.SectionWho may be parties; plaintiff and defendant.
Only natural or juridical persons, or entities authorized by
law may be parties in a civil action. The term plaintiff may of the adjudicatory processes, whether it represents
refer to the claiming party, the counter-claimant, the cross- proprietary, spiritual, aesthetic, or charitable causes.
claimant, or the third (fourth, etc.)-party plaintiff. The term So it should be as respects valleys, alpine meadows,
defendant may refer to the original defending party, the rivers, lakes, estuaries, beaches, ridges, groves of trees,
defendant in a counterclaim, the cross-defendant, or the third swampland, or even air that feels the destructive pressures of
(fourth, etc.)-party defendant. modern technology and modern life. The river, for example, is
the living symbol of all the life it sustains or nourishes fish,
aquatic insects, water ouzels, otter, fisher, deer, elk, bear, and
The public respondents also contest the applicability of
all other animals, including man, who are dependent on it or
Oposa, pointing out that the petitioners therein were all
who enjoy it for its
natural persons, albeit some of them were still unborn. 45
As regards the Stewards, the public respondents likewise _______________
challenge their claim of legal standing on the ground that they
are representing animals, which cannot be parties to an 48 Id., at p. 81.
action. Moreover, the public respondents argue that the 49 405 U.S. 727, 92 S.Ct 1361, 31 L.Ed.2d 636.
before our courts for violations of our environmental laws: VOL. 756, APRIL 21, 2015 547
5. SEC.Citizen suit.Any Filipino citizen in Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes
representation of others, including minors or
Elucidating on this doctrine, the Court, in Systems Factors
generations yet unborn, may file an action to enforce
Corporation v. National Labor Relations Commission 55 held
rights or obligations under environmental laws. Upon
that:
the filing of a citizen suit, the court shall issue an order which
Remedial statutes or statutes relating to remedies or
shall contain a brief description of the cause
modes of procedure, which do not create new or take away
insufficiency of Filipino capital and the felt need for foreign VOL. 756, APRIL 21, 2015 555
investments in the EDU of minerals and petroleum resources. Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes
The framers for the most part debated about the sort of
The(1) service contract shall be crafted in accordance
safeguards that would be considered adequate and
with a general law that will set standard or uniform terms,
reasonable. But some of them, having more radical
conditions and requirements, presumably to attain a certain
leanings, wanted to ban service contracts altogether; for
uniformity in provisions and avoid the possible insertion of
them, the provision would permit aliens to exploit and benefit
terms disadvantageous to the country.
from the nations natural resources, which they felt should be
The(2) President shall be the signatory for the
reserved only for Filipinos.
government because, supposedly before an agreement is
In the explanation of their votes, the individual
presented to the President for signature, it will have been
commissioners were heard by the entire body. They sounded
vetted several times over at different levels to ensure that it
off their individual opinions, openly enunciated
conforms to law and can withstand public scrutiny.
and Patrimony including paragraph 4 allowing service finds that SC-46 is indeed null and void for noncompliance
contracts with foreign corporations as an exception to the with the requirements of the 1987 Constitution.
Assistance are Service Contracts with Safeguards and utilization of indigenous petroleum in the Philippines are
governed by Presidential Decree No. 87 or the Oil Exploration
From the foregoing, we are impelled to conclude that the and Development Act of 1972. This was enacted by then
phrase agreements involving either technical or financial President Ferdinand Marcos to promote the discovery and
assistance, referred to in paragraph 4, are in fact service production of indigenous petroleum through the utilization of
contracts. But unlike those of the 1973 variety, the new ones government and/or local or foreign private resources to yield
556 SUPREME COURT REPORTS ANNOTATED Commission on Audit,71 [i]mplied repeals are not lightly
Resident Marine Mammals of the Protected Seascape Taon presumed. It is a settled rule that when laws are in conflict
Strait vs. Reyes
with one another, every effort must be exerted to reconcile
1987 Constitution, remains to be a valid law unless
them. In Republic of the Philippines v. Marcopper Mining
otherwise repealed, to wit:
Corporation,72 we said:
ARTICLE XVIII TRANSITORY PROVISIONS
3Section.All existing laws, decrees, executive orders,
The two laws must be absolutely incompatible, and a clear
proclamations, letters of instructions, and other executive
finding thereof must surface, before the inference of implied
issuances not inconsistent with this Constitution shall remain
repeal may be drawn. The rule is expressed in the maxim,
operative until amended, repealed, or revoked.
interpretare et concordare leqibus est optimus interpretendi,
i.e., every statute must be so interpreted and brought into
If there were any intention to repeal Presidential Decree accord with other laws as to form a uniform system of
No. 87, it would have been done expressly by Congress. For jurisprudence. The fundament is that the legislature should be
instance, Republic Act No. 7160, more popularly known as the presumed to have known the existing laws on the subject and
Local Government Code of 1991, expressly repealed a number not have enacted conflicting statutes. Hence, all doubts must
of laws, including a specific provision in Presidential Decree be resolved against any implied repeal, and all efforts should
No. 87, viz.: be exerted in order to harmonize and give effect to all laws on
73 Subic Bay Metropolitan Authority v. Commission on where the Chief Executive is required by the
Elections, 330 Phil. 1082, 1097; 262 SCRA 492, 502 (1996). Constitution or law to act in person or the exigencies
74 377 Phil. 297, 312; 319 SCRA 283, 298 (1999). of the situation demand that he act personally, the
75 National Integrated Protected Areas System Act of multifarious executive and administrative functions of the
1992; Republic Act No. 7586, Section 14. Chief Executive are performed by and through the executive
departments, and the acts of the Secretaries of such
559 departments, performed and promulgated in the regular
VOL. 756, APRIL 21, 2015 559 course of business, are, unless disapproved or reprobated by
Resident Marine Mammals of the Protected Seascape Taon the Chief Executive presumptively the acts of the Chief
Strait vs. Reyes
Executive. (Emphasis ours, citation omitted)
absence of the two other conditions, that the President be
a signatory to SC-46, and that Congress be notified of such
contract, renders it null and void. While the requirements in executing service contracts in
As SC-46 was executed in 2004, its terms should have paragraph 4, Section 2 of Article XII of the 1987 Constitution
conformed not only to the provisions of Presidential Decree seem like mere formalities, they, in reality, take on a much
No. 87, but also to those of the 1987 Constitution. The Civil bigger role. As we have explained in La Bugal, they are the
Code provides: safeguards put in place by the framers of the Constitution to
ARTICLE The contracting parties may establish such eliminate or minimize the abuses prevalent during the
stipulations, clauses, terms1306. and conditions as they martial law regime.78 Thus, they are not just mere formalities,
may deem convenient, provided they are not contrary to law, which will only render a contract unenforceable but not void, if
morals, good customs, public order, or public policy. (Italics not complied with. They are requirements placed, not just in
ours) an ordinary statute, but in the fundamental law, the nonob-
servance of which will nullify the contract. Elucidating on the
concept of a constitution, this Court, in Manila Prince Hotel
In Heirs of San Miguel v. Court of Appeals,76 this Court held
v. Government Service Insurance System,79 held:
that:
_______________
It is basic that the law is deemed written into every
contract. Although a contract is the law between the parties,
77 352 Phil. 888, 915; 290 SCRA 279, 303 (1998).
the provisions of positive law which regulate contracts are
78 La Bugal-Blaan Tribal Association, Inc. v. Ramos,
deemed written therein and shall limit and govern the
supra note 62 at p. 814; p. 123.
relations between the parties. x x x. (Citations omitted)
79 335 Phil. 82, 101; 267 SCRA 408, 430-431 (1997).
561
Paragraph 4, Section 2, Article XII of the 1987 Constitution
VOL. 756, APRIL 21, 2015 561
requires that the President himself enter into any service
Resident Marine Mammals of the Protected Seascape Taon
contract for the exploration of petroleum. SC-46 appeared to Strait vs. Reyes
have been entered into and signed only by the DOE through A constitution is a system of fundamental laws for the
its then Secretary, Vicente S. Perez, Jr., contrary to the said governance and administration of a nation. It is supreme,
constitutional requirement. Moreover, public respondents imperious, absolute and unalterable except by the authority
have neither shown nor alleged that Congress was from which it emanates. It has been defined as the
subsequently notified of the execution of such contract. fundamental and paramount law of the nation. It prescribes
Public respondents implied argument that based on the the permanent framework of a system of government, assigns
alter ego principle, their acts are also that of then President to the different departments their respective powers and
Macapagal-Arroyos, cannot apply in this case. In Joson v. duties, and establishes certain fixed principles on which
_______________ government is founded. The fundamental conception in other
words is that it is a supreme law to which all other laws must
76 416 Phil. 943, 954; 364 SCRA 523, 532 (2001). conform and in accordance with which all private rights must
be determined and all public authority administered. Under Even if we were inclined to relax the requirement in La
the doctrine of constitutional supremacy, if a law or Bugal to harmonize the 1987 Constitution with the
contract violates any norm of the constitution that law aforementioned provision of Presidential Decree No. 87, it
or contract whether promulgated by the legislative or must be shown that the government agency or subordinate
by the executive branch or entered into by private official has been authorized by the President to enter into
persons for private purposes is null and void and such service contract for the government. Otherwise, it should
without any force and effect. Thus, since the Constitution be at least shown that the President subsequently approved of
is the fundamental, paramount and supreme law of the such contract explicitly. None of these circumstances is
nation, it is deemed written in every statute and contract. evident in the case at bar.
(Emphasis ours) 563
requires that the President himself be the signatory of service Service Contract No. 46
agreements with foreign-owned corporations involving the vis--vis Other Laws
exploration, development, and utilization of our minerals,
petroleum, and other mineral oils. This power cannot be taken Petitioners in G.R. No. 180771 claim that SC-46 violates
lightly. Section 27 of Republic Act. No. 9147 or the Wildlife Resources
In this case, the public respondents have failed to show Conservation and Protection Act, which bans all marine
that the President had any participation in SC-46. Their exploration and exploitation of oil and gas deposits. They also
argument that their acts are actually the acts of then aver that Section 14 of Republic Act No. 7586 or the National
President Macapagal-Arroyo, absent proof of her disapproval, Integrated Protected Areas System Act of 1992 (NIPAS Act),
must fail as the requirement that the President herself enter which allows the exploration of protected areas for the
into these kinds of contracts is embodied not just in any purpose of information-gathering, has been repealed by
ordinary statute, but in the Constitution itself. These service Section 27 of Republic Act No. 9147. The said petitioners
contracts involving the exploitation, development, and further claim that SC-46 is anathema to Republic Act No. 8550
utilization of our natural resources are of paramount interest or the Philippine Fisheries Code of 1998, which protects the
to the present and future generations. Hence, safeguards rights of the fisherfolk in the preferential use of municipal
were put in place waters, with the exception being limited only to research and
562 survey activities.80
The FIDEC, for its part, argues that to avail of the
562 SUPREME COURT REPORTS ANNOTATED
Resident Marine Mammals of the Protected Seascape Taon exceptions under Section 14 of the NIPAS Act, the gathering of
Strait vs. Reyes
information must be in accordance with a DENR-approved
to insure that the guidelines set by law are meticulously
program, and the exploitation and utilization of energy
observed and likewise to eradicate the corruption that may
resources must be pursuant to a general law passed by
easily penetrate departments and agencies by ensuring that
Congress expressly for that purpose. Since there is neither a
the President has authorized or approved of these service
DENR-approved program nor a general law passed by
contracts herself.
Congress, the seismic surveys and oil drilling operations were
Even under the provisions of Presidential Decree No. 87, it
all done illegally.81 The FIDEC likewise contends that SC-46
is required that the Petroleum Board, now the DOE, obtain the
infringes on its right to the preferential use of the communal
Presidents approval for the execution of any contract under
fishing waters as it is denied free access within the prohibited
said statute, as shown in the following provision:
zone, in violation not only of the Fisheries Code but also of the
5. SECTIONExecution of contract authorized in this Act.
1987 Constitutional provisions on subsistence fisherfolk and
Every contract herein authorized shall, subject to the
social justice.82 Furthermore, the FIDEC believes that the
approval of the President, be executed by the Petroleum
provisions in Presidential Decree No. 87, which allow offshore
Board created in this Act, after due public notice
drilling even in municipal waters, should be deemed to have
prequalification and public bidding or concluded through
_______________
negotiations. In case bids are requested or if requested no bid
is submitted or the bids submitted are rejected by the 80 Rollo (G.R. No. 180771), Vol. I, pp. 21-22.
Petroleum Board for being disadvantageous to the 81 Rollo (G.R. No. 181527), Vol. I, pp. 28-29.
Government, the contract may be concluded through 82 Id., at pp. 31-34.
negotiation.
In opening contract areas and in selecting the best offer 564
for petroleum operations, any of the following alternative 564 SUPREME COURT REPORTS ANNOTATED
procedures may be resorted to by the Petroleum Board, Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes
subject to prior approval of the President[.]
been rendered inoperative by the provisions of Republic endangered species of dolphins and whales. For this reason,
Act No. 8550 and Republic Act No. 7160, which reiterate the former President Fidel V. Ramos declared the Taon Strait as a
social justice provisions of the Constitution.83 protected seascape in 1998 by virtue of Proclamation No.
The public respondents invoke the rules on statutory 1234 Declaring the Taon Strait situated in the Provinces of
construction and argue that Section 14 of the NIPAS Act is a Cebu, Negros Occidental and Negros Oriental as a Protected
more particular provision and cannot be deemed to have been Area pursuant to the NIPAS Act and shall be known as Taon
repealed by the more general prohibition in Section 27 of Strait Protected Seascape. During former President Joseph E.
Republic Act No. 9147. They aver that Section 14, under which Estradas time, he also constituted the Taon Strait
SC-46 falls, should instead be regarded as an exemption to Commission via Executive Order No. 76 to ensure the
84
Section 27. optimum and sustained use of the resources in that area
Addressing the claim of petitioners in G.R. No. 180771 without threatening its marine life. He followed this with
that there was a violation of Section 27 of Republic Act No. Executive Order No. 177,87 wherein he included the mayor of
9147, the public respondents assert that what the section Negros Occidental Municipality/City as a member of the Taon
prohibits is the exploration of minerals, which as defined in Strait Commission, to represent the LGUs concerned. This
the Philippine Mining Act of 1995, exclude energy materials Commission,
such as coal, petroleum, natural gas, radioactive materials _______________
and geothermal energy. Thus, since SC-46 involves oil and gas
exploration, Section 27 does not apply.85 87 Amending Executive Order No. 76, Series of 1999, to
The public respondents defend the validity of SC-46 and include a mayor of Negros Occidental Municipality/City along
insist that it does not grant exclusive fishing rights to JAPEX; the Taon Strait as member of the Taon Strait Commission.
President or his duly authorized representative. 96 Pursuant to Under Proclamation No. 2146, the Taon Strait is an
the EISS, which called for the proper management of envi- environmentally critical area, having been declared as
570
Surveying for energy resources under Section 14 is
570 SUPREME COURT REPORTS ANNOTATED
not an exemption from complying with the EIA
Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes requirement in Section 12; instead, Section 14
such activities are allowed to be undertaken, the provides for additional requisites before any
proponent shall plan and carry them out in such manner as exploration for energy resources may be done in
will minimize any adverse effects and take preventive and protected areas.
remedial action when appropriate. The proponent shall be The rationale for such additional requirements are
liable for any damage due to lack of caution or indiscretion. incorporated in Section 2 of the NIPAS Act, to wit:
14SECTION.Survey for Energy Resources.Consistent 2.SECTIONDeclaration of Policy.Cognizant of the
with the policies declared in Section 2 hereof, protected areas, profound impact of mans activities on all components of the
except strict nature reserves and natural parks, may be natural environment particularly the effect of increasing
subjected to exploration only for the purpose of gathering population, resource exploitation and industrial advancement
information on energy resources and only if such activity is and recognizing the critical importance of protecting and
carried out with the least damage to surrounding areas. maintaining the natural biological and physical diversities of
Surveys shall be conducted only in accordance with a program the environment notably on areas with biologically unique
approved by the DENR, and the result of such surveys shall be features to sustain human life and development, as well as
made available to the public and submitted to the President plant and animal life, it is hereby declared the policy of the
for recommendation to Congress. Any exploitation and State to secure for the Filipino people of present and future
utilization of energy resources found within NIPAS areas shall generations the perpetual existence of all native plants and
be allowed only through a law passed by Congress. animals through the establishment of a comprehensive
system of integrated protected areas within the classification
of national park as provided for in the Constitution.
It is true that the restrictions found under the NIPAS Act
It is hereby recognized that these areas, although distinct
are not without exceptions. However, while an exploration
in features, possess common ecological values that may be
done for the purpose of surveying for energy resources
incorporated into a holistic plan representative of our natural
is allowed under Section 14 of the NIPAS Act, this does
heritage; that effective administration of this area is possible
not mean that it is exempt from the requirement to
only through cooperation among national government, local
undergo an EIA under Section 12. In Sotto v. Sotto,105 this
government and concerned
Court explained why a statute should be construed as a
whole: 572
A statute is passed as a whole and not in parts or sections
572 SUPREME COURT REPORTS ANNOTATED
and is animated by one general purpose and intent. Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes
Consequently each part or section should be construed in
private organizations; that the use and enjoyment of
connection with every other part or section and so as to
these protected areas must be consistent with the principles
produce a harmonious whole. It is not proper to confine the
of biological diversity and sustainable development.
attention to the one section to be construed. It is always an
To this end, there is hereby established a National
unsafe way of construing a statute or contract to divide it by a
Integrated Protected Areas System (NIPAS), which shall
process of etymological dissection, into separate words, and
encompass outstandingly remarkable areas and biologically
then apply to each, thus separated
important public lands that are habitats of rare and by the suspension or cancellation of his/its certificates
endangered species of plants and animals, biogeographic and/or a fine in an amount not to exceed Fifty
zones and related ecosystems, whether terrestrial, wetland or Thousand Pesos (P50,000.00) for every violation
marine, all of which shall be designated as protected areas. thereof, at the discretion of the National
Environmental Protection Council. (Emphasis supplied)
a part of ones soul remains unawakened. 3 Rollo (G.R. No. 180771), p. 16.
I concur in the result, with the following additional VOL. 756, APRIL 21, 2015 577
reasons. Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes
I
Resident Marine Mammals; (c) they were able to
In G.R. No. 180771, petitioners Resident Marine Mammals
communicate with them; and (d) they received clear consent
allegedly bring their case in their personal capacity, alleging
from their animal principals that they would wish to use
that they stand to benefit or be injured from the judgment on
human legal institutions to pursue their interests.
the issues. The human petitioners implead themselves in a
Alternatively, they ask us to acknowledge through judicial
representative capacity as legal guardians of the lesser life-
notice that the interests that they, the human petitioners,
forms and as responsible stewards of Gods Creations.1 They
assert are identical to what the Resident Marine Mammals
_______________
would assert had they been humans and the legal strategies
that they invoked are the strategies that they agree with.
1 Rollo (G.R. No. 180771), pp. 7-8.
In the alternative, they want us to accept through judicial
576 notice that there is a relationship of guardianship between
them and all the resident mammals in the affected ecology.
576 SUPREME COURT REPORTS ANNOTATED
Resident Marine Mammals of the Protected Seascape Taon Fundamental judicial doctrines that may significantly
Strait vs. Reyes
change substantive and procedural law cannot be founded on
use Oposa v. Factoran, Jr.2 as basis for their claim,
feigned representation.
asserting their right to enforce international and domestic
Instead, I agree that the human petitioners should only
environmental laws enacted for their benefit under the
speak for themselves and already have legal standing to sue
concept of stipulation pour autrui.3 As the representatives of
with respect to the issue raised in their pleading. The rules on
Resident Marine Mammals, the human petitioners assert that
standing have already been liberalized to take into
they have the obligation to build awareness among the
consideration the difficulties in the assertion of environmental
affected residents of Taon Strait as well as to protect the
rights. When standing becomes too liberal, this can be the
environment, especially in light of the governments failure, as
occasion for abuse.
primary steward, to do its duty under the doctrine of public
II
trust.4
Rule 3, Section 1 of the 1997 Rules of Civil Procedure, in
Resident Marine Mammals and the human petitioners also
part, provides:
assert that through this case, this court will have the
SECTION1.Who may be parties; plaintiff and
defendant.Only natural or juridical persons, or entities
authorized by law may be parties in a civil action. A litigant who stands to benefit or sustain an injury from
the judgment of a case is a real party-in-interest. 7 When a
case is brought to the courts, the real party-in-interest must
The Rules provide that parties may only be natural or
show that another partys act or omission has caused a direct
juridical persons or entities that may be authorized by statute
injury, making his or her interest both material and based on
to be parties in a civil action.
an enforceable legal right.8
578
Representatives as parties, on the other hand, are parties
578 SUPREME COURT REPORTS ANNOTATED acting in representation of the real party-in-interest, as
Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes defined in Rule 3, Section 3 of the 1997 Rules of Civil
Procedure:
Basic is the concept of natural and juridical persons in our
3.SEC.Representatives as parties.Where the
Civil Code:
action is allowed to be prosecuted or defended by a
ARTICLE Juridical capacity, which is the fitness to be the
representative or someone acting in a fiduciary capacity, the
subject of legal37. relations, is inherent in every natural
beneficiary shall be included in the title of the case and shall
person and is lost only through death. Capacity to act, which
be deemed to be the real party-in-interest. A representative
is the power to do acts with legal effect, is acquired and may
may be a trustee of an express trust, a guardian, an executor
be lost.
or administrator, or a party authorized by law or these Rules.
An agent acting in his own name and for the benefit of an
Article 40 further defines natural persons in the following undisclosed principal may sue or
manner:
_______________
ARTICLE Birth determines personality; but the conceived
child shall be considered40. born for all purposes that are
6 1997 Rules of Civ. Proc., Rule 3, Sec. 2.
favorable to it, provided it be born later with the conditions
7 See Consumido v. Ros, 555 Phil. 652, 658; 528 SCRA
specified in the following article.
696, 702 (2007) [Per J. Tinga, Second Division].
8 Rebollido v. Court of Appeals, 252 Phil. 831, 839; 170
Article 44, on the other hand, enumerates the concept of SCRA 800, 806 (1989) [Per J. Gutierrez, Jr., Third Division],
a juridical person: citing Lee v. Romillo, Jr., 244 Phil. 606, 612; 161 SCRA 589,
The following are juridical persons:44.ARTICLE 595 (1988) [Per J. Gutierrez, Jr., Third Division].
VOL. 756, APRIL 21, 2015 579 authorized by law or the Rules of Court.11
Resident Marine Mammals of the Protected Seascape Taon These requirements should apply even in cases involving
Strait vs. Reyes
the environment, which means that for the Petition of the
Rule 3, Section 2 of the 1997 Rules of Civil Procedure
human petitioners to prosper, they must show that (a) the
further defines real party-in-interest:
Resident Marine Mammals are real parties-in-interest; and (b)
2.SEC.Parties-in-interest.A real party-in-interest is
that the human petitioners are authorized by law or the Rules
the party who stands to be benefited or injured by the
to act in a representative capacity.
judgment in the suit, or the party entitled to the avails of the
The Resident Marine Mammals are comprised of toothed
suit. Unless otherwise authorized by law or these Rules, every
whales, dolphins, porpoises, and other cetacean species
action must be prosecuted or defended in the name of the
inhabiting Taon Strait.12 While relatively new in Philippine
real party-in-interest. (2a)6
jurisdiction, the issue of whether animals have legal standing
before courts has been the subject of academic discourse in prior to commencing legal action. ALVA was not the proper
light of the emergence of animal and environmental rights. plaintiff because it could not identify previous activities
In the United States, animal rights advocates have demonstrating its recognized activism for and commitment to
managed to establish a system which Hogan explains as the the
13
guardianship model for nonhuman animals:
582
_______________
582 SUPREME COURT REPORTS ANNOTATED
9 1997 Rules of Civ. Proc., Rule 3, Sec. 3. Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes
10 Ang v. Ang, G.R. No. 186993, August 22, 2012, 678
dispute independent of its desire to pursue legal action.
SCRA 699, 709 [Per J. Reyes, Second Division].
The courts analysis suggests that a qualified organization
11 1997 Rules of Civ. Proc., Rule 3, Sec. 3.
with a demonstrated commitment to a cause could indeed
12 Rollo (G.R. No. 180771), p. 8.
bring suit on behalf of the speechless in the form of a court-
13 Marguerite Hogan, Standing for Nonhuman Animals:
sanctioned guardianship.
Developing a Guardianship Model from the Dissents in Sierra
This Comment advocates a shift in contemporary standing
Club v. Morton, 95 CAL. L. REV. 513 (2007)
doctrine to empower nonprofit organizations with an
<http://scholarship.law.berkeley.
established history of dedication to the cause and relevant
edu/californialawreview/vol95/iss2/4> (visited March 15,
expertise to serve as official guardians ad litem on behalf of
2015).
nonhuman animals interests. The American legal system has
perceive to be an injury inflicted on an animal is not within the guardianship is the principle of human stewardship over the
zone-of-interest protected by law.16 Such sympathy cannot environment in a citizen suit under the Rules of Procedure for
stand independent of or as a substitute for an Environmental Cases. A citizen suit allows any Filipino to act
court further concluded that an organizations standing is In Arigo v. Swift,19 I posed the possibility of further
more than a derivative of its history, but history is a relevant reviewing the broad interpretation we have given to the rule
consideration where organizations are not well-established on standing. While representatives are not required to
prior to commencing legal action. ALVA was not the proper
establish direct injury on their part, they should only be Better still, in the light of its costs and risks, we abandon the
allowed to represent after complying with the following: precedent all together.23 (Emphasis in the original)
[I]t is imperative for them to indicate with certainty the
injured parties on whose behalf they bring the suit.
Similarly, in Paje:
Furthermore, the interest of those they represent must be
A person cannot invoke the courts jurisdiction if he or she
based upon concrete legal rights. It is not sufficient to draw
has no right or interest to protect. He or she who invokes the
out a perceived interest from a general, nebulous idea of a
courts jurisdiction must be the owner of the right sought to
potential injury.20
be enforced. In other words, he or she must have a cause of
action. An action may be dismissed on the ground of lack of
I reiterate my position in Arigo v. Swift and in Paje v. cause of action if the person who instituted it is not the real
21
Casio regarding this rule alongside the appreciation of legal party-in-interest.24 The term interest under the Rules of
standing in Oposa v. Factoran, Jr.,22 for environmental cases. In Court must refer to a material interest that is not merely a
Arigo, I opined that procedural liberality, especially in cases curiosity about or an interest in the question involved. The
brought by representatives, should be used with great interest must be
caution:
_______________
Perhaps it is time to revisit the ruling in Oposa v.
Factoran, Jr.
23 Supra note 19 at pp. 178-179.
That case was significant in that, at that time, there was
24 Supra note 21. See also De Leon v. Court of Appeals,
need to call attention to environmental concerns in light of
343 Phil. 254, 265; 277 SCRA 478, 486 (1997) [Per J. Davide,
emerging international legal principles. While
Jr., Third Division], citing Columbia Pictures, Inc. v. Court of
intergenerational responsibility is a noble principle, it should
Appeals, 329 Phil. 875, 900-902; 261 SCRA 144, 162 (1996)
not be used to obtain judgments that would preclude future
[Per J. Regalado, En Banc].
generations from making their own assessment based on
their actual concerns. The present generation must restrain 588
itself from assuming that it can speak
588 SUPREME COURT REPORTS ANNOTATED
Resident Marine Mammals of the Protected Seascape Taon
_______________ Strait vs. Reyes
present and substantial. It is not a mere expectancy or a
19 J. Leonen, Concurring Opinion in Arigo v. Swift, G.R No.
future, contingent interest.
206510, September 14, 2014, 735 SCRA 102 [Per J. Villarama,
A person who is not a real party-in-interest may institute
Jr., En Banc].
an action if he or she is suing as representative of a real
20 Id., at p. 175.
party-in-interest. When an action is prosecuted or defended
21 J. Leonen, Concurring and Dissenting Opinion in Paje v.
by a representative, that representative is not and does not
Casio, G.R. No. 205257, February 3, 2015, 749 SCRA 39 [Per
become the real party-in-interest. The person represented is
J. Del Castillo, En Banc].
deemed the real party-in-interest. The representative remains
22 Oposa v. Factoran, Jr., supra note 2 at p. 803.
to be a third party to the action instituted on behalf of
another.
587
....
VOL. 756, APRIL 21, 2015 587
To sue under this rule, two elements must be present: (a)
Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes the suit is brought on behalf of an identified party whose right
best for those who will exist at a different time, under a has been violated, resulting in some form of damage, and (b)
different set of circumstances. In essence, the unbridled the representative authorized by law or the Rules of Court to
resort to representative suit will inevitably result in represent the victim.
preventing future generations from protecting their own The Rules of Procedure for Environmental Cases allows
rights and pursuing their own interests and decisions. It filing of a citizens suit. A citizens suit under this rule allows
reduces the autonomy of our children and our childrens any Filipino citizen to file an action for the enforcement of
children. Even before they are born, we again restricted their environmental law on behalf of minors or generations yet
ability to make their own arguments. unborn. It is essentially a representative suit that allows
It is my opinion that, at best, the use of the Oposa persons who are not real parties-in-interest to institute actions
doctrine in environmental cases should be allowed only when on behalf of the real party-in-interest.
a) there is a clear legal basis for the representative suit; b) The expansion of what constitutes real party-in-interest
there are actual concerns based squarely upon an existing to include minors and generations yet unborn is a recognition
legal right; c) there is no possibility of any countervailing of this courts ruling in Oposa v. Factoran, Jr. This court
interests existing within the population represented or those recognized the capacity of minors (represented by their
that are yet to be born; and d) there is an absolute necessity parents) to file a class suit on behalf of succeeding
for such standing because there is a threat of catastrophe so generations based on the concept of intergenerational
imminent that an immediate protective measure is necessary.
responsibility to ensure the future generations access to and narrows down the doctrine in terms of standing. Resident
enjoyment of [the] countrys natural resources. Marine Mammals and the human petitioners have no legal
To allow citizens suits to enforce environmental rights of standing to file any kind of petition.
others, including future generations, is dangerous for three However, I agree that petitioners in G.R. No. 181527,
reasons: namely, Central Visayas Fisherfolk Development Center,
First, they run the risk of foreclosing arguments of others Engarcial, Yanong, and Labid, have standing both as real
who are unable to take part in the suit, putting into question parties-in-interest and as representatives of subsistence
its rep- fisherfolks of the Municipalities of Aloguinsan and
Pinamungahan, Cebu, and their families, and the present and
589
future generations of Filipinos whose rights are similarly
VOL. 756, APRIL 21, 2015 589 affected. The activities undertaken under Service Contract 46
Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes (SC-46) directly affected their source of livelihood, primarily
felt through the significant reduction of their fish harvest. 27
resentativeness. Second, varying interests may potentially
The actual, direct, and material damage they suffered, which
result in arguments that are bordering on political issues, the
has potential long-term effects transcending generations, is a
resolutions of which do not fall upon this court. Third,
proper subject of a legal suit.
automatically allowing a class or citizens suit on behalf of
minors and generations yet unborn may result in the
III
oversimplification of what may be a complex issue, especially
in light of the impossibility of determining future generations
In our jurisdiction, there is neither reason nor any legal
true interests on the matter.
basis for the concept of implied petitioners, most especially
In citizens suits, persons who may have no interest in the
when the implied petitioner was a sitting President of the
case may file suits for others. Uninterested persons will argue
Republic of the Philippines. In G.R. No. 180771, apart from
for the persons they represent, and the court will decide
adjudicating unto themselves the status of legal guardians
based on their evidence and arguments. Any decision by the
of whales, dolphins, porpoises, and other cetacean species,
court will be binding upon the beneficiaries, which in this case
human petitioners also impleaded Former President Gloria
are the minors and the future generations. The courts
Macapagal-Arroyo as unwilling co-petitioner for her express
decision will be res judicata upon them and conclusive upon
declaration and undertaking in the ASEAN Charter to protect
the issues presented.25
Taon Strait.28
No person may implead any other person as a co-plaintiff
The danger in invoking Oposa v. Factoran, Jr. to justify all or copetitioner without his or her consent. In our jurisdiction,
kinds of environmental claims lies in its potential to diminish _______________
the value of legitimate environmental rights. Extending the
application of real party-in-interest to the Resident Marine 27 Rollo (G.R. No. 180771), p. 12.
29 1997 Rules of Civ. Proc., Rule 3, Sec. 9. Article XII, Section 2 of the 1987 Constitution states:
30 1997 Rules of Civ. Proc., Rule 3, Sec. 10. 2Section.All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils, all forces of
592
potential energy, fisheries, forests or timber, wildlife, flora and
592 SUPREME COURT REPORTS ANNOTATED fauna, and other natural resources are owned by the State.
Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes With the exception of agricultural lands, all other natural
it upon themselves to simply implead any party who does resources shall not be alienated. The exploration,
not consent as a petitioner. This places the unwilling co- development, and utilization of natural resources shall be
petitioner at the risk of being denied due process. under the full control and supervision of the State. The State
Besides, Former President Gloria Macapagal-Arroyo cannot may directly undertake such activities, or it may enter into
be a party to this suit. As a coequal constitutional department, coproduction, joint venture, or production-sharing agreements
we cannot assume that the President needs to enforce policy with Filipino citizens, or corporations or associations at least
directions by suing his or her alter egos. The procedural sixty per centum of whose capital is owned by such citizens.
situation caused by petitioners may have gained public Such agreements may be for a period not exceeding twenty-
attention, but its legal absurdity borders on the five years, renewable for not more than twenty-five years, and
contemptuous. The Former Presidents name should be under such terms and conditions as may be provided by law.
stricken out of the title of this case. In cases of water rights for irrigation, water supply fisheries,
or industrial uses other than the development of water power,
I also concur with the conclusion that SC-46 is both illegal archipelagic waters, territorial sea, and exclusive
and unconstitutional.
_______________
SC-46 is illegal because it violates Republic Act No. 7586
or the National Integrated Protected Areas System Act of
33 Id., at pp. 26-28.
1992, and Presidential Decree No. 1234, 31 which declared
34 Rollo (G.R. No. 180771), pp. 81-83.
Taon Strait as a protected seascape. It is unconstitutional
35 Id.
because it violates the fourth paragraph of Article XII, Section
2 of the Constitution. 594
V
594 SUPREME COURT REPORTS ANNOTATED
Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes
Petitioner Central Visayas Fisherfolk Development Center
economic zone, and reserve its use and enjoyment
asserts that SC-46 violated Article XII, Section 2, paragraph 1
exclusively to Filipino citizens.
of the 1987 Constitution because Japan Petroleum Exploration
The Congress may, by law, allow small-scale utilization of
Co., Ltd. (JAPEX) is 100% Japanese-owned.32 It further asserts
natural resources by Filipino citizens, as well as cooperative
that SC-46 cannot be validly classified as a technical and
fish farming, with priority to subsistence fishermen and fish-
financial assistance agreement executed under Article
workers in rivers, lakes, bays, and lagoons.
_______________
The President may enter into agreements with foreign- lease, or concession at the time of the inauguration of the
owned corporations involving either technical or financial Government established under this Constitution. Natural
assistance for large-scale exploration, development, and resources, with the exception of public agricultural land, shall
utilization of minerals, petroleum, and other mineral oils not be alienated, and no license, concession, or lease for the
according to the general terms and conditions provided by exploitation, development, or utilization of any of the natural
law, based on real contributions to the economic growth and resources shall be granted for a period exceeding twenty-five
general welfare of the country. In such agreements, the State years, renewable for another twenty-five years, except as to
shall promote the development and use of local scientific and water rights for irrigation, water supply, fisheries, or industrial
technical resources. uses other than the development of water power, in which
The President shall notify the Congress of every contract cases beneficial use may be the measure and the limit of the
entered into in accordance with this provision, within thirty grant.
days from its execution. (Emphasis supplied)
The general law referred to as a possible basis for SC-46s orders, proclamations, letters of instructions, and other
validity is Presidential Decree No. 87 or the Oil Exploration executive issuances not inconsistent with this Constitution
and Development Act of 1972. It is my opinion that this law is shall remain operative until amended, repealed, or revoked.
unconstitutional in that it allows service contracts, contrary to 39 Declaring the Taon Strait Situated in the Provinces of
Article XII, Section 2 of the 1987 Constitution: Cebu, Negros Occidental and Negros Oriental as a Protected
The President may enter into agreements with foreign- Area Pursuant to R.A. 7586 (NIPAS Act of 1992) and Shall be
owned corporations involving either technical or financial Known as Taon Strait Protected Seascape, May 27, 1998.
602
Public respondents also failed to show that Congress was
subsequently informed of the execution and existence of SC- 602 SUPREME COURT REPORTS ANNOTATED
Resident Marine Mammals of the Protected Seascape Taon
46. The reporting requirement is an equally important
Strait vs. Reyes
requisite to the validity of any service contract involving the
national government, local and concerned private
exploration, development, and utilization of Philippine
organizations; that the use and enjoyment of these protected
petroleum. Public respondents failure to report to Congress
areas must be consistent with the principles of biological
about SC-46 effectively took away any opportunity for the
diversity and sustainable development.
legislative branch to scrutinize its terms and conditions.
To this end, there is hereby established a National
In sum, SC-46 was executed and implemented absent all
Integrated Protected Areas System (NIPAS), which shall
the requirements provided under paragraph 4 of Article XII,
encompass outstanding remarkable areas and biologically
Section 2. It is, therefore, null and void.
important public lands that are habitats of rare and
_______________
endangered species of plants and animals, biogeographic
zones and related ecosystems, whether terrestrial, wetland or
42 La Bugal-Blaan Tribal Association, Inc. v. Ramos,
marine, all of which shall be designated as protected
supra note 36 at pp. 813-814; p. 123.
areas.44 (Emphasis supplied)
601
VOL. 756, APRIL 21, 2015 601 Pursuant to this law, any proposed activity in Taon Strait
Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes must undergo an Environmental Impact Assessment:
I am of the view that SC-46, aside from not having plan for protected areas shall be subject to an environmental
complied with the 1987 Constitution, is also null and void for impact assessment as required by law before they are
being violative of environmental laws protecting Taon Strait. adopted, and the results thereof shall be taken into
Certificate (ECC) under the Philippine Environment Impact 604 SUPREME COURT REPORTS ANNOTATED
Assessment (EIA) system. In instances where such activities Resident Marine Mammals of the Protected Seascape Taon
Strait vs. Reyes
are allowed to be undertaken, the proponent shall plan and
that the Environmental Compliance Certificate is not a
carry them out in such manner as will minimize any adverse
strict requirement for the validity of SC-46 since (a) the Taon
effects and take preventive and re-
Strait is not a nature reserve or natural park; (b) the
to the President for recommendation to Congress. Any 50 Rep. Act No. 7856 (1992), Sec. 2.
exploitation and utilization of energy resources found within 51 Rollo (G.R. No. 181527), pp. 58-59.