Digos Bay Authority (DBA) and Bansalan Cogeneration Corporation (BCC) entered in a Memorandum of

Agreement (MOU) expressing their intention to build a power plant in Davao Del Sur. SCC eventually
assigned all its rights and interest under MOU to Sta.Cruz Energy (SC energy). SC energy applied for the
Environmental Compliance Certificate (ECC) with the DENR. The DENR issued an ECC for the proposed
coal-fired power plant. The P69-billion coal-fired power plant will rise on the foot of Mt. Apo overreaching
the sea, in the boundaries of Digos and Sta.Cruz. Despite the obvious potential for employment, income
and growth of the local economy, selfish residents, self-centered environmental groups and greedy local
business entities protested against the project. Digos City officials have even passed several resolutions
opposing the power plant. They also signed the petition for the issuance of the writ of kalikasan against
the proposed coal-fired power plant. Because of the power plants proponents failure (or refusal) to
conduct a thorough environmental assessment of the power station, these resulted to a widespread
community apprehension that fumes from the power plant would produce acid rain and contribute to the
warming and acidification of Digos ecology. Accordingly, environmental damage most certainly will occur
if the power plant project is implemented. These impacts could in turn affect local plant and forest
populations, marine productivity and the health of communities in the vicinity. Also as a result, the power
plant will of course generate tons of waste including heavy metals like mercury and lead which will have
negative and irreversible impact on the environment, peoples health and livelihood. If you were an
environmental lawyer, list down your legal justifications to establish a violation of the constitutional rights,
inter alia a balanced and healthful ecology, of the residents of Davao Del Sur particularly the towns of
Digos and Sta.Cruz, and all other adjacent towns. Based on your justification(s) above mentioned,
provide a legal argument why a writ of kalikasan should be issued in your favor.