CA maintains decision stopping coal-fired power plant project in Subic
MANILA, Philippines—The Court of Appeals maintained its earlier decision stopping the 600-megawatt coal-fired power plant project of Redondo Peninsula Energy Inc. (RP Energy) in Subic.
In an 8-page resolution released to the public Tuesday, the appeals court 15th division through Associate Justice Celia Librea-Leagogo nixed the motion for reconsideration filed by Subic Bay Metropolitan Authority (SBMA), RP Energy and Environment Secretary Ramon Paje on the court’s Jan. 30, 2013 ruling.
The appeals court also dismissed the motion for reconsideration filed by petitioners Teddy Casiño, Raymond Palatino, Rafael Mariano, Emerenciana De Jesus, and militant organizations.
The appeals court said both the motions for reconsideration filed by the petitioners and respondents were mere reiteration of their positions which were already passed upon by the court in its Jan. 30, 2013 ruling.
The appeals court, in its January ruling, invalidated the Environment Compliance Certificate dated Dec. 22, 2008.
In invalidating the ECC, the appeals court said the validity of the certificate was put in issue by the parties due to the absence of a vital signature, that of Luis Miguel Aboitiz, on the Statement of Accountability portion. The appellate court stressed that “[t]he importance of signing the Statement of Accountability cannot be shrugged off by respondent RP Energy as a mere ‘formal defect not so material as to affect the validity of the entire document.”
The writ of kalikasan case was filed before the Supreme Court on July 20, 2012 by Kabataan party-list and Olongapo City-based environmental group No-to-Coal.
Respondents included RP Energy, the Department of Environment and Natural Resources, and the Subic Bay Metropolitan Authority (SBMA). The case was later remanded to the Court of Appeals which held hearings from November 5 to Dec. 14, 2012.
