Groups seek clarification of writ of kalikasan rules

The Federation OF Philippine Industries (FPI) has sought clarification of the imposition of a writ of kalikasan for certain projects as this could potentially pose “serious harm to the economy.”

“While the FPI supports the noble intent of the writ, which is a legal remedy for the protection of the people’s constitutional right to a balanced and healthful ecology, the federation’s concern is that in cases involving non-polluting industries, especially those still in the investment stage and still non-operational, the lack of clarity in the writ has resulted in serious harm to the economy,” the FPI said in a statement issued Saturday.

“The FPI has decried the gaps in the rules of court pertaining to the Supreme Court’s writ of kalikasan,” it added.

According to the FPI, it has conducted several discussions with the Philippine Judicial Academy, putting forward proposals or suggestions on how to strengthen the writ of kalikasan “without unnecessary prejudice to the Philippine economy.”

FPI cited the case of the $1.28-billion, 600-megawatt coal-fired power plant project in Subic that was stopped by a writ of kalikasan issued by the Supreme Court. The project, while crucial to helping ensure stable supply of electricity in Luzon, is now mired in a legal battle and has been seriously delayed. Without the writ of kalikasan, the power project should already be operational by 2015, providing additional capacity to shore up the tight power supply reserves in Luzon and, consequently, help provide a stable business environment for investors.

“FPI fears the adverse impacts on the country’s economy with the precarious power supply situation in Luzon,” the group added.

There has been a number of proposed projects and existing investments that have been blocked due to a writ of kalikasan, mostly on allegations that these posed threats to the environment and human health.