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Tuesday, July 08, 2008

 

Class suit on energy has 
children as petitioners

Environmentalists seek to stop the EDC from pursuing geothermal exploration at Mt. Kanlaon Natural Park

By Ma.Ester L Espina, Correspondent

BACOLOD CITY: A group of environmentalists and their sympathizers have signed in their children as petitioners in filing for a temporary restraining order (TRO) as their last recourse to stop the Energy Development Corporation (EDC) from pursuing their geothermal development exploration at the Mount Kanlaon Natural Park.

The class suit has so far 170 petitioners, 55 of whom are children and includes 7-month-old, Daniel Coruna, the grandson of lawyer Andrea Si who will represent the petitioners in court.

The case will be filed against EDC, the Department of Energy, the Department of Environment and Natural Resources (DENR) and the Provincial Park Management Board.

Lawyer Si said the inspiration to make the children as the prime petitioners was culled from a case filed by environmentalist Antonio Oposa vs. DENR before the Supreme Court citing children and those yet unborn to have the right to file a case that will ensure their future.

Si said while the temporary restraining order will hopefully stop EDC from pursuing the geothermal exploration, “the case will also question the constitutionality of the law allowing then Philippine National Oil Co. (PNOC) and now EDC to tap into the mountain reserve. “

She added that they would also put into question the validity of the Environmental Clearance Certificate issued by DENR to PNOC in 1995 as well as the need for a congressional law if EDC will tap the geothermal steam from within the natural park.

Si said they would have wanted to file the TRO before the Supreme Court but this might just be reverted back to the lower courts, thus their decision to file it on Wednesday before the Regional Trial Court here.

At the forefront of the group opposing the entry of EDC is Green Alert, however, Si said the environmental group is not registered with the Securities and Exchange Commission (SEC) thus, their decision to look for individual petitioners to file the case.

She also said they are still campaigning for signatures and are hoping to get at least 70 children as petitioners, including her 16-year-old son, Anthony Si.

While Bacolod Bishop Vicente Navarra has also publicly opposed the entry of EDC into the buffer zone, Si said they opted not to include members of the clergy so as to maintain the separation of Church and State, but added that the bishop has brought their concerns before the Catholic Bishops’ Conference of the Philippines.

Si said what irked them the most is how the energy crisis Negros Occidental is projected to expect in 2010 was played up in order to “make the people swallow that there is an imperative need to tap into our geothermal reserve.”

Meanwhile, Gov. Isidro Zayco of Negros Occidental said he sees no legal impediment to the entry of PNOC to the buffer zone and would sign within the week the memorandum of agreement allowing the power company’s expansion.

The business sector has also pushed for the entry of EDC citing the need for the province to be self-sustainable in their power needs, especially within two years time.

Currently, the province has been experiencing power outage during peak hours and has no power reserve to speak of.

   

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