CA stands by ruling to deny petition to stop mining in Zambales
Posted 3 years ago
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The Court of Appeals (CA) stood firm in its decision denying the petition of some residents of Sta. Cruz, Zambales for the issuance of a writ of kalikasan with permanent environmental protection order (Pepo) against all mining operations in the province.
In a five-page resolution made public Monday, the appeals court Special 14th Division, through Associate Justice Renato Franciso, affirmed its May 22, 2017 decision that also lifted the provisional writ of kalikasan issued by the Supreme Court in June 2016 in favor of petitioner Concerned Citizens of Sta. Cruz, Zambales (CCOS).
The petitioners said it was the court’s duty to ensure that there would be strict compliance to the suspension and closure orders issued by the Department of Environment and Natural Resources (DENR) against mining operations in the province.
It insisted that a permanent environmental protection order (Pepo) should have been issued against respondent mining firms instead of a temporary environmental protection order (Tepo).
But the CA said the closure ordered issued by then DENR Secretary Gina Lopez against the operations of five mining companies in the province had rendered the petition moot and academic.
“A perusal of the motion for reconsideration reveals no new and meritorious arguments and yields mere rehashed arguments, which had already been exhaustively discussed and squarely passed upon by this Court in the Resolution sought to be considered,” the CA said.
“Accordingly, petitioners motion for reconsideration is hereby denied for lack of merit,” it added.
Concurring with the ruling were Associate Justices Jose Reyes Jr. and Apolinario Bruselas Jr.