Environmentalists' prayer for TRO vs. EDC gets snag
BACOLOD CITY – The Office of the Solicitor General (OSG) has filed a manifestation and motion questioning the petition for a temporary restraining order (TRO) filed by environmentalists group against Energy Development Corporation's (EDC) entry to Mt. Kanlaon Natural Park buffer zone.
As such, petitioners Delia Edil Trudes S. Locsin, represented by her lawyer Atty. Andrea Sy was given seven days to file their position paper on the manifestation and motion filed by the OSG represented by Atty. Thomas Laragan.
The OSG filed a manifestation that indispensable parties shall be included in the plaintiff's petition. By indispensable parties, the OSG meant former President Fidel V. Ramos as he was the one who issued Presidential Proclamation 1005, declaring certain parcels of land covering Mt. Kanlaon situated in the municipalities of Murcia and La Castellana, and Cities of Bago, La Carlota, Canlaon and San Carlos, in the island of Negros, as a protected area under the category of a natural park.
Laragan said, under the rules, indispensable parties must be included in the case otherwise, the court has no authority to act on the same.
Sy, however, said: "Our complaint or prayer for the temporary restraining order does not list specifically what acts are to be enjoined. It's not Ramos they feel that it should be included but also the present President through the Executive Secretary and the Department of Energy and the Governor and Provincial Board.
"We will have to look at those because we have no quarrel with the province. We wanted the Judge to rule on the prayer for the TRO because right now, they go on with the cutting of the trees. The purpose of TRO is that while the case is still to be heard, the injury that is happening can be prevented. The judge ruled that we should file the position paper or do whatever we think is necessary. So there is no TRO right now. He refuses to rule on the prayer for a TRO," Sy clarified.
Atty. Alexis Jacobas of EDC said that there is already a case so it's up for the court to decide. "But as of now, we can clearly say that we are not saying that we are violating any law. We are joining in the manifestation of the Office of the Solicitor General."
Jacobas added, "We are complying with the law and with all the environmental regulations. It took us seven years to comply. We conducted reforestation as part of the compliance in getting the permit. We assure the public that EDC is complying with all the necessary regulations imposed by DENR and those that are imposed under the Memorandum of Agreement signed by EDC and the Sangguniang Panlalawigan of Negros Occidental."