June 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 196835 : June 28, 2011]
TRIBAL COALITION OF MINDANAO (TRICOM), INC., DAGING MANOBO SECTORAL TRIBAL COUNCIL, ET AL. V. TAGANITO MINING CORPORATION, PLATINUM GROUP METALS CORPORATION, ORIENTAL SYNERGY MINING CORP., ET AL.
"G.R. No. 196835 - (Tribal Coalition of Mindanao (TRICOM), Inc., Daging Manobo Sectoral Tribal Council, et al. v. Taganito Mining Corporation, Platinum Group Metals Corporation, Oriental Synergy Mining Corp., et al.) � Acting on the Petition for a Writ of Kalikasan with prayer for Temporary Environmental Protection Order (TEPO) filed by applicant Tribal Coalition of Mindanao (TRICOM), Inc., et al., the Court resolves to REMAND the case to the Court of Appeals in Cagayan de Oro City.
The petition on its face does not demonstrate sufficient factual and legal allegations, as well as evidentiary support required under the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC) for this Court to immediately grant relief to petitioners. The only factual allegation that merits a hard look from this Court is the presence of a high level of nickel in the water near their tribal residences, its alleged causal link to the mining activities of respondents and the potential carcinogenic effect of such high level of nickel on the petitioners. Nevertheless, pursuant to the longstanding doctrine on the hierarchy of courts and the precautionary principle stating that the constitutional right of the people to balanced and healthful ecology shall be given the benefit of the doubt, applicants are given the opportunity to prove their entitlement to the remedies prayed for. The applicants may hereby submit their evidence to the Court of Appeals in Cagayan de Oro City for proper disposition.
The prayer for a TEPO is DENIED. Applicants merely replead their allegations in support of the issuance of the writ, which are insufficient; thus, no extreme urgency, grave injustice, nor irreparable injury has been shown. The denial is without prejudice to the CA's grant of TEPO if it finds that the evidence so warrant."
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court