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Case Uppolidates On Poli (2016)
Case Uppolidates On Poli (2016)
Facts: Protesting the adverse ecological impact of JAPEX's oil exploration activities in the Taon Strait, petitioners Resident
Marine Mammals and Stewards aver that a study made after the seismic survey showed that the fish catch was reduced
drastically by 50 to 70 percent. They claim that before the seismic survey, the average harvest per day would be from 15 to
20 kilos; but after the activity, the fisherfolk could only catch an average of 1 to 2 kilos a day. They attribute this "reduced fish
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catch" to the destruction of the "payao" also known as the "fish aggregating device" or "artificial reef." Petitioners Resident
Marine Mammals and Stewards also impute the incidences of "fish kill"
seismic survey.
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concerned." Furthermore, we said that the right to a balanced and healthful ecology, a right that does not
even need to be stated in our Constitution as it is assumed to exist from the inception of humankind, carries
with it the correlative duty to refrain from impairing the environment.
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In light of the foregoing, the need to give the Resident Marine Mammals legal standing has been eliminated
by our Rules, which allow any Filipino citizen, as a steward of nature, to bring a suit to enforce our
environmental laws. It is worth noting here that the Stewards are joined as real parties in the Petition and
not just in representation of the named cetacean species. The Stewards, Ramos and Eisma-Osorio, having
shown in their petition that there may be possible violations of laws concerning the habitat of the Resident
Marine Mammals, are therefore declared to possess the legal standing to file this petition.
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