SC issues writ vs Panay dam project

THE SUPREME Court (SC) has issued a writ of kalikasan against the expansion of a dam project in Jalaur River, a major water system in the province of Panay.

In a three-page order, the SC, by authority of Acting Chief Justice Presbitero J. Velasco, Jr., issued the kalikasan writ against the Jalaur River Multi-purpose project (JRMP) and ordered the respondents to make a verified return of the writ within 10 days from receipt.

In a 17-page petition for the issuance of an environmental protection order, former Iloilo Rep. August L. Syjuco, Jr. (2nd district) requested the high court to issue a writ of kalikasan against the expansion of the JRMP project.

Mr. Syjuco said the JRMP’s Phase II would violate the people’s constitutional right to a “balanced and healthful ecology.”

“The benefits offered by this project will be miniscule compared to the disastrous effects it will inevitably cause,” the petition read.

Created by Republic Act (RA) 2651, the JRMP was aimed at regulating and controlling floods caused by the Jalaur River.

The project stored the river’s waters and was used to irrigate agricultural lands and generate power and energy.

In 2009, the National Irrigation Authority (NIA) proposed JRMP’s Phase II which included the construction of three dams measuring around 600 to 800 hectares, which would service 23 municipalities and the cities of Passi and Iloilo.

The proposed expansion would upgrade the existing irrigation systems and supplement power supply.

President Benigno S. C. Aquino III, as chairman of the National Economic and Development Authority (NEDA), approved the project on March 22, 2012 with NIA as lead implementing agency.

In his petition, Mr. Syjuco alleged JRMP II “is ridden with illegalities” and violated several laws as well as the people’s constitutional right to a balanced and healthful ecology and the right to health.

JRMP II allegedly violated RA 8371 or the Indigenous People’s Reform Act (IPRA) when the locals of community of Tumandoks allegedly agreed to the project “through deceit and manipulation”.

“In the same vein, it is not ‘informed’ consent as it was obtained by the exaggeration of benefits without presenting the grave dangers posed by the active fault lines and the susceptibility of the area to landslides,” the petition read.

The project also purportedly violated RA 7160 or the Local Government Code when the project was approved despite lack of consultation and prior approval of local councils.

“Absent either of these mandatory requirements, the project’s implementation is illegal,” the petition read.

The petition further cited potential earthquakes, death of aquatic resources and flooding as among environmental damages that the project would cause in the province.

Other environmental hazards cited in Mr. Syjuco’s petition include: increase of rainfall, intrusion of saltwater to low-lying areas, water depletion, and ecological destruction.

The writ of kalikasan is a legal remedy which aims to protect the people’s right to a “balanced and healthful ecology.” -- Mikhail Franz E. Flores

source:  Businessworld