SC issues writ to compel gov’t to protect Panatag, Ayungin shoals and Panganiban Reef

May 3, 2019

The Supreme Court on Friday issued a writ of Kalikasan compelling concerned government agencies to protect and restore the marine environment in Scarborough Shoal, also known as Panatag Shoal, Ayungin Shoal, and Panganiban Reef.

In its special en banc session, the SC resolved to grant the prayer for the issuance of a writ of kalikasan filed by members of the Kalayaan Palawan Farmers and Fisherfolk Association and the Integrated Bar of the Philippines (IBP).

Named as respondents are the Department of Environment and Natural Resources, represented by Sec. Roy Cimatu; Department of Agriculture, represented by Sec. Emmanuel Piñol; Bureau of Fisheries and Aquatic Resources, represented by National Director Eduardo Gongona; Philippine Navy, represented by Flag Officer in Command Vice Admiral Robert Empdrad; Philippine Coast Guard, represented by Commandant Admiral Elson Hermogino; Philippine National Police, represented by PNP Chief Oscar Albayalde; PNP Maritime Group, represented by Chief Supt. Rodelio Jocson, and Department of Justice, represented by Sec. Menardo Guevarra. Panatag Shoal is located in the municipality of Masinloc, Zambales, while Ayungin Shoal and Panganiban Reef, also known as Mischief Reef are located in the municipality of Kalayaan, Palawan.

In their petition, the groups cited as basis the documents submitted by the Philippine government in the inter-state arbitration proceedings as well as the 2016 award by the tribunal in the South China Sea arbitration, which established foreign poachers, foreign construction and land reclamation entities have caused massive environmental damage in Philippine waters and the Philippine Exclusive Economic Zone (EEZ).

The Philippines won the arbitration on July 12, 2016, but the Philippine government has not enforced the ruling in a manner beneficial to Filipinos, especially fisherfolk.

The petitioner noted that the Arbitral Tribunal has upheld the Philippine government’s claim that Ayungin Shoal, Panganiban Reef and Panatag Shoal are well within the Philippine EEZ, thus, the country’s environmental laws must be enforced in these areas. DMS