1

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
COURT OF APPEALS
Manila City

GREENPEACE PHILIPPINES;
OCEANA PHILIPPINES;
PHILIPPINE EARTH JUSTICE
CENTER, INC. (PEJC),

Petitioners,

- versus For: Special Civil Action

For Issuance of a Writ of
Kalikasan
SECRETARY, DEPARTMENT
OF ENVIRONMENT AND
NATURAL RESOURCES
(DENR); DIRECTOR,
BUREAU OF FISHERIES AND
AQUATIC RESOURCES
(BFAR); CHAIRMAN,
NATIONAL HISTORICAL
COMMISSION OF THE
PHILIPPINES (NHCP);
PHILIPPINE MINING SERVICE
CORPORATION (PMSC);

Respondents.

x---------------------------------------------x

PETITION FOR WRIT OF KALIKASAN

(with a Prayer for the Issuance of a Temporary Environmental
Protection Order)

Petitioners, by the undersigned counsel, to this Honorable

Court, most respectfully aver:

PREFATORY STATEMENT

Gravely threatened with environmental damage as to prejudice

the life, health, or property of the inhabitants of Metro Manila and
2

nearby provinces of Cavite, Bataan, Bulacan, and Pampanga due to

the dumping of crushed dolomite boulders in Manila Bay.

Manila Bay is situated in the western part of Luzon and is

bounded by Cavite and Metro Manila on the east, Bulacan and
Pampanga on the north, and Bataan on the west and northwest. This
body of water covers an area of 1,994 km .2 and a coastline of 190 km.
There are 17 principal river systems draining to Manila Bay namely:
Angat River, Bocaue River, Maria River, Marilao River, Meycauayan
River, Maycauayan-Valenzuela River, Pasig River, Parañaque River,
Imus River, Ylang-ylang River, Rio Grande, Cañas River, Obando
River, Navotas-Malabon-TInajeros-Tullahan River, Talisay River,
Guagua River, and Pampanga River.

Within this body of water lies a mangrove ecosystem. As such,

it provides a home to migratory birds including the endangered
Chinese Egret and Black-winged cuckoo-shrike. Unfortunately, there
has been a decline in the number of birds seen in the bay area. Other
coastal and marine habitats in the area include upland forests,
mudflats, sandy beaches, sea grass, and coral reefs.

On December 18, 2016, the Supreme Court issued a

Continuing Mandamus directing 13 government agencies to clean up,
rehabilitate and preserve Manila Bay, and restore and maintain its
waters to SB level to make it fit for swimming and other forms of
contact recreation. The 13 agencies include the Department of
Environment and Natural Resources (DENR), Department of Interior
and Local Government (DILG), Department of Education (DepEd),
Department of Health (DOH), Department of Agriculture (DA),
Department of Public Works and Highways (DPWH), Department of
Budget and Management (DBM), Philippine Coastguard (PCG),
Philippine National Police-Maritime Group (PNP-MG), Philippine
Ports Authority (PPA), Metropolitan Manila Development Authority
(MMDA), Metropolitan Waterworks and Sewerage System (MWSS),
and Local Water Utilities Administration (LWUA).

On January 27, 2019, DENR Secretary Roy A. Cimatu officially

declared the start of the Manila Bay Rehabilitation at the Baywalk in
Manila. In September 2020, the Philippine Mining Service
Corporation began construction work on dumping of supposed
artificial white sand along the coastline of Manila Bay along Roxas
Boulevard. The actual material used included 3,500 wet metric tons
of processed dolomite rock that was transported from Alcoy, Cebu.
3

When the Manila Bay Beach project came to wider public

attention in 2020, the project has received criticisms. Among these
include the timing of the project which was implemented amidst the
COVID-19 pandemic and concerns of adverse environmental effects
caused by the dumping dolomite on the polluted Manila Bay. As of
September 25, environment chief suspends dolomite mining
operation in Cebu as a source of Manila Bay white sand.

The dumping of dolomite has been suspected as possible

cause for a fish kill on September 17, 2020 near the waters of Baseco
Compound. The DENR countered the claim, saying that the fish kill
happened 5 kilometers from the artificial beach, pointed out that the
southwest monsoon is prevailing at that time and the presence of a
breakwater between the site and adjacent waters of the beach.

Thus, petitioners ask the Honorable Court to protect the rights

of the residents of Metro Manila and of nearby provinces of Bataan,
Pampanga, Bulacan, Laguna, and Cavite to a balanced and healthful
ecology by stopping the dumping of dolomites along Roxas
Boulevard baywalk of Manila Bay.

THE PARTIES

Petitioners:

1. Petitioner Greenpeace Philippines is a non-profit, non-stock

corporation duly registered under the laws of the Republic of
the Philippines. Its principal office address is located in Room
201 JGS Building, #30 Scout Tuason Street, Quezon City
where it may be served with legal processes. It is an
independent global campaigning organization that acts to
change the attitudes and behavior, to protect and conserve the
environment, and to promote peace. It exposes environmental
criminals, and challenge government and corporations when
they fail to live up to their mandate to safeguard our
environment and our future. It is represented by its Country
Director Lea Guerrero, pursuant to a Secretary’s Certificate, a
copy of which is attached as Annex A.

2. Petitioner Oceana Philippines is a non-profit, non-stock

corporation duly registered under the laws of the Republic of
the Philippines. Its principal address is located in P.O. Box 255,
4

UP Post Office, University of the Philippines Campus, Diliman,

Quezon City where it may be served with legal processes. It is
focused solely on ocean conservation and works to win
strategic, directed campaigns that achieve measurable
outcomes that will help make the oceans more biodiverse and
abundant. It is represented by CEO, Andrew Sharpless,
pursuant to a Secretary’s Certificate, a copy of which is
attached as Annex B.

3. Petitioner Philippine Earth Justice Center, Inc. (PEJC) is a non-

profit, non-stock corporation duly registered under the laws of
the Republic of the Philippines. Its principal address is located
at Room M-8, University of Cebu, College of Law, Banilad,
Cebu City where it may be served with legal processes. It is
established to provide legal assistance for victims of
environmental injustice, conduct policy research on the
environment, advocate policy reforms, assist in building local
capacities for environment protection, and promote
sustainability and protection of human rights. It is represented
by its Executive Director and Trustee, Atty. Gloria Estenzo-
Ramos, pursuant to a Secretary’s Certificate, a copy of which is
attached as Annex C.

Respondents:

4. Respondent Secretary Roy Cimatu is the Head of the

Department of Environment and Natural Resources (DENR), a
government agency created by virtue of Executive Order No.
192, dated June 10, 1987. It is primarily mandated for the
conservation, management, development, and proper use of
the country’s environment and natural resources. It may be
served with summons and papers and others legal processes
at DENR Building, Visayas Avenue, Diliman, Quezon City.

5. Respondent Bureau of Fisheries and Aquatic Resources

(BFAR) is a government agency created by virtue of Republic
Act 8550. It responsible for the development, improvement,
management, and conservation of the country’s fisheries and
aquatic resources. It is represented by its Director, Eduardo
Gongona.

6. Respondent National Historical Commission of the Philippines

(NHCP) is a government agency created by virtue of Republic
Act No. 10086 on May 12, 2010. It is responsible for the
5

conservation and preservation of the country’s historical

legacies. It is represented by its Chairman, Dr. Rene Escalante.

7. Respondent Philippine Mining Service Corporation (PMSC) is a

stock corporation duly registered under the laws of the Republic
of the Philippines. Its principal address is located at 5 th floor
Mercedes Benz Tower, Mindanao Avenue, Cebu Business
Park, Cebu City where is may be served with legal processes. It
pioneers in the production of quality Dolomite in Philippines and
became a major supplier of Dolomite in Japan and the rest of
Asia. It is represented by its president, Atty. Juan dela Cruz.

ENVIRONMENTAL LAWS AND JURISPRUDENCE

TRANSGRESSED

I. Section 16, Article II of the 1987 Philippine Constitution;

II. Section 12 of Republic Act 8550 as amended by Republic
Act 10654, otherwise known as the Philippine Fisheries
Code of 1998;
III. Section 27(a) of Republic Act 9275, otherwise known as the
Clean Water Act of 2004;
IV. Section 48(b) of Republic Act 10066, otherwise known as
the National Cultural Heritage Act of 2009;
V. Section 27 of Republic Act 7160, otherwise known as the
Local Government Code; and
VI. MMDA, et. al. v. Concerned Residents of Manila Bay.

ACTS OR OMISSIONS COMPLAINED OF

I. Respondents violated Petitioners’ Right to Ecology.

8. In September 2020, Respondent DENR started dumping

processed Dolomite sand along the coastline of Manila Bay
along Roxas Boulevard.

9. On September 17, 2020, it was reported that a fish kill

happened in a portion of Manila Bay near Baseco Compound. It
is alleged that the possible cause of the fish kill was the
dumping of Dolomite sand along the coastline of Manila Bay.
6

10. In 2012, Lehigh Hanson Inc. warned that Dolomite could

cause skin and eye irritation, as well as cancer and damage to
the lungs through prolonged or repeated exposure. In 2018,
Lhoist North America warned in its own safety data report that
Dolomite contains crystalline silica, classified as a potential
carcinogen when inhaled by humans.

11. The Dolomite sand dumped along the Manila Bay

coastline are potentially harmful to the health of residents along
Manila Bay. Given that the areas which may be affected are
densely populated, thousands, if not millions, of residents could
be affected.

12. Section 16 of Article II of the 1987 Philippine Constitution

provides that the State shall protect and advance the people’s
right to a balanced ecology in rhythm and harmony of nature.

13. The conduct of dumping the toxic substance by

respondent DENR has impaired the rights of millions of people
living along and nearby Manila Bay to a balanced ecology.

II. Respondents violated Section 12 of RA 8550, as

amended by RA 10654.

14. Respondent DENR dumped processed Dolomite sand

along the Manila Bay coastline along Roxas Boulevard without
preparing an Environmental Impact Statement (EIS).

15. Section 12 of RA 8550, as amended by RA 10654,

provides that all government agencies as well as private
corporations, firms and entities who intend to undertake
activities or projects which will affect the quality of the
environment shall be required to prepare a detailed
Environmental Impact Statement (EIS) prior to undertaking
such development activity.

16. The abovementioned provision requires preparation of

EIS before any project affecting the environment could be
undertaken. Up to this day, there is no proof that respondent
DENR complied with this requirement.

III. Respondents violated Section 27(a) of RA 9275.

7

17. In September 2020, respondent DENR dumped Dolomite

sand along the Manila Bay coastline along Roxas Boulevard.
Such substance is toxic and could cause detrimental effects to
the health of people and animals.

18. Section 27(a) of RA 9275 or the Philippine Clean Water

Act of 2004 provides that it is prohibited to discharge, deposit,
or cause to be deposited material of any kind directly or
indirectly into the water bodies or along the margins of any
surface water, where the same shall be liable to be washed into
such surface water, either by tide action or by storm, floods or
otherwise, which could cause water pollution or impede natural
flow in the water body.

19. The abovementioned provision does not qualify if the

material deposited or discharged to the waters is toxic or not.
The mere act of depositing or discharging any material
constitutes a violation. The conduct of dumping Dolomite sands
along the Manila Bay coastline is a clear violation of this
provision.

IV. Respondents violated Section 48(b) of RA 10066.

20. NHCP Resolution No. 20, Series of 2012 declares Manila

Bay and waterfront from Del Pan Bridge to the Cultural Center
of the Philippines a national historical landmark. It provides that
to this day, the Manila Bay remains an intrinsic part of and a
living testimony to the country’s history and heritage, enriched
by exchanges around the bay and on the shores of Manila.

21. Respondent DENR dumped Dolomite sand along the

Manila Bay coastline, an area covered by NHCP resolution
mentioned above.

22. Section 48(b) of RA 10066 provides that it is prohibited to

modify, alter, or destroy the original features of or undertake
construction or real estate development in any national shrine,
monument, landmark, and other historic edifices and structures,
declared, classified, and marked by the National Historical
Institute as such, without the prior written permission from the
Commission.
8

23. Respondent DENR proceeded with the dumping of

Dolomite sand along the coastline of Manila Bay, a national
historical landmark as declared by the NHCP, without the
written permission of such Commission. Thus, such act is
violative of said law.

V. Respondents violated Section 27 of RA 7160.

24. Respondent DENR dumped Dolomite sand along the

Manila Bay coastline along Roxas Boulevard without prior
consultation with the local government and the approval of the
Sanggunian Panlungsod of the City of Manila.

25. Section 27 of RA 7160, or the Local Government Code,

provides that no project or program shall be implemented by
government authorities unless the consultation mentioned in
Sections 2(c) and 26 hereof are complied, and prior approval of
the sanggunian concerned is obtained.

26. There is no proof that respondent DENR complied with

the requirements provided under the Local Government Code.
Thus, the dumping of Dolomite sand constitutes a violation of
the said law.

VI. Respondents violated the ruling on MMDA et.al. v.

Concerned Residents of Manila Bay.

27. The Supreme Court ruled in the above-mentioned case

that the cleanup and/or restoration of the Manila Bay is only an
aspect and the initial stage of the long-term solution. The
preservation of the water quality of the bay after the
rehabilitation process is as important as the cleaning phase.

28. Respondent DENR’s act of dumping Dolomite sand along

the Manila Bay coastline is not part of the rehabilitation
process. If any, the act of dumping the Dolomite sand
which are in fact pollutants, are in direct contravention of
their continuing and mandated duties in the said case.

RELEVANT AND MATERIAL EVIDENCE

29. An online news article published by Philippine Daily

Inquirer on September 18, 2020 included a photograph of tons
9

of Dolomite sand dumped along the coastline of Manila Bay

along Roxas Boulevard. The same article provides that the
budget allocated for the White Sand beach project is P389
million.

30. Another article published by the Philippine Daily Inquirer

on September 17, 2020, weeks after the start of the White Sand
Beach Project, provides for a photograph of alleged fish kill on
Manila Bay’s portion near Baseco Compound taken by
Facebook user Guine Nequia. The same article reports that
portions of the Bay was seen with gradient brown to light brown
color.
10

31. In 2012, a report by Lehigh Hanson, Inc. entitled “Safety

Data Sheet: Dolomite” provides for what it calls “Hazard
Identification” of processed Dolomite. It classifies Dolomite’s
11

carcinogenity as Caterogy 1A, given that the composition of

Dolomite includes Crystalline Silica, a substance known to be
carcinogenic.

32. The report of Lehigh Hanson, Inc. also provides for the
precautions for the safe handling of Dolomite. Photographs
show that the Dolomite sand dumped along the Manila Bay
coastline along Roxas Boulevard is left in an open area which
leaves it open to be blown by the wind and inhaled by people
traversing the area. Respondent DENR did not observe these
safety precautions in handling the Dolomite sand to protect not
only the workers but also the innocent passers-by.
12

BY WAY OF ISSUANCE OF A TEMPORARY PROTECTION

ORDER

Petitioners replead the following allegation. They further state

that:

33. Respondent DENR continues the act of dumping

Dolomite sand along the Manila Bay coastline along Roxas
Boulevard to the detriment of the health and welfare of the
millions of residents of Metro Manila and nearby provinces
surrounding Manila Bay.

34. Hence, there is extreme urgency to enjoin respondent

from continuing the “Manila Bay White Sand Beach project” to
protect millions of Filipinos.

35. Petitioner submits that grave and irreparable damage

may be caused or will likely cause by reason of respondent’s
acts or omissions.

PRAYER FOR RELIEF

Wherefore, premises considered, petitioners most respectfully

pray of the Honorable Court of Appeals that:

1. Upon the filing hereof, a Writ of Kalikasan will be issued

commanding respondents to file their respective returns and
explain why they should not be judicially sanctioned for
violating or threatening to violate the above-enumerated
environmental laws and jurisprudence which result to
environmental damage as such magnitude as to prejudice
13

the life, health, or property of the inhabitants of Metro Manila,

Bataan, Cavite, Pampanga, and Bulacan.

2. Upon the filing hereof, a Temporary Environmental

Protection Order be issued enjoining respondent DENR from
dumping processed Dolomite sand along the Manila Bay
coastline along Roxas Boulevard.

3. Direct respondents to permanently cease and desist from

committing acts or neglecting the performance of a duty in
violation of environmental laws resulting in environmental
destruction or damage.

4. Direct respondents to protect, preserve, rehabilitate, restore

the Manila Bay.

5. Direct respondents to monitor strict compliance with the

decision and orders of the court.

6. Direct respondents to make periodic reports on the

execution of the final judgment.

7. Such other reliefs which relate to the right of the people to a

balanced and healthful ecology or to the protection,
preservation, rehabilitation or restoration of the Manila Bay
are likewise prayed for.

Manila City, Philippines. October 14, 2020

Atty. Jeff P. Baron

Counsel for Petitioners
No. 123 Sta. Cruz, Marinduque
IBP No. 123456 / 01-03-11 / Taguig City
PTR No. 123456 / 01-03-11 / Taguig City
Roll of Attorneys No. 48949
MCLE No. 123456 / April 16, 2010
14

VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING

WE:
(a) Lea Guerrero, of legal age, married, Country Director of
Greenpeace Philippines, and resident of Quezon City;
(b) Andrew Sharpless, of legal age, married, CEO of Oceana
Philipines, and resident of Taguig City; and
(c) Atty. Gloria Estenzo-Ramos, of legal age, married, Executive
Director of Philippine Earth Justice Inc., and resident of Pasig
City.

all of us swearing in accordance to law, depose and state that:

(1) I, Lea Guerrero is the duly authorized representative of
petitioner Greenpeace Philippines pursuant to a Secretary’s
Certificate attached;
(2) I, Andrew Sharpless is the duly authorized representative of
petitioner Oceana Philippines pursuant to Secretary’s
Certificate as attached;
15

(3) I, Atty. Gloria Estenzo-Ramos is the duly authorized

representative of petitioner Philippine Earth Justice Inc.
pursuant to a Secretary’s Certificate attached.
(4)We have cause the foregoing to be prepared and filed; read all
the allegations contained therein and found them to be true and
correct based on my personal knowledge, or based on
authentic documents; that the petition is not filed to harass,
cause unnecessary delay, or needlessly increase the cost of
litigation; and that the factual allegations herein have
evidentiary support or, if specifically so identified, will likewise
have evidentiary support after a reasonable opportunity for
discovery;
(5)We have not commenced any other action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial
agency and, to the best of my knowledge, no such other action
or claim is pending therein; and if there be such other pending
action or claim, a complete statement of the present status
thereof shall be given the Court; and if I learn of the same or
similar action or claim filed or pending, I shall report that fact
within 5 calendar days from such notice.

IN WITNESS WHEREOF, I have hereunto set my hand this 14 th

day of October 2020 at Taguig City, Philippines.

LEA GUERRERO ANDREW SHARPLESS

Affiant Affiant

ATTY. GLORIA ESTENZO-RAMOS

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public

in the City of Taguig, this 14 th day of October 2020 by exhibiting to me
their SSS IDs with ID Nos. 123456, 654321, 765532 respectively as
competent evidence of their identity, and they personally
acknowledged that the action is their free and voluntary act and deed.
16

Atty. Renz Macunat

Notary Public
My Commission expires on December 31, 2020
No. 123 Sta. Cruz, Marinduque
IBP No. 123456 / 01-03-11 / Taguig City
PTR No. 123456 / 01-03-11 / Taguig City
Roll of Attorneys No. 48949
MCLE No. 123456 / April 16, 2010

Doc. No. ____

Page No. ___
Book No. ___
Series of 2020
17

ANNEX A

SECRETARY’S CERTIFICATE

I, JEDIDIAH CUEVAS, Corporate Secretary of GREENPEACE

PHILIPPINES (the “Corporation”), a corporation duly organized and
existing under Philippine laws, with principal office at Room 201 JGS
Building, #30 Scout Tuason Street, Quezon City, after being duly
sworn to an oath in accordance with the law, do hereby depose and
state that:

1. I am the duly elected and qualified Corporate Secretary of the

Corporation and as such, I have access to the minutes and
records of the Board of Directors’ Meetings.

2. On September 15, 2020, at the Board of Directors’ Meeting

held at the aforesaid office at which meeting a quorum was
present and acting throughout, the following resolution, upon
motion duly made and seconded, was unanimously approved:

“RESOLVED, as it is hereby RESOLVED that the Country

Director of the Corporation, LEA GUERRERO be, as they
as hereby authorized to bring, file, initiate and institute
cases, complaints, petitions and any action for and in
behalf of, and to protect and vindicate the rights, of the
corporation as to any matters affecting its interest,
properties, business, good will, as well as to defend the
corporation in any and all actions that may be brought or
filed against it in any court, tribunal, administrative or
quasi-judicial body or forum, with full and special power
and authority (a) to cause and authorize the preparation
and filing of all pleadings, motions, memoranda, affidavits,
18

and such other papers or documents as may be needed

in the course of the trial; (b) to sign and execute all
verifications and certifications of non-forum shopping and
other procedural requirements for pleadings filed on
behalf of the Corporation for any and all cases instituted
or to be instituted by or against the Corporation; (c) to
appear for and in behalf of the corporation in all mediation
proceedings and judicial dispute resolution hearings; (d)
to enter into amicable settlements or compromises; (e) to
submit to alternative modes of dispute resolution; (f) to
enter into stipulations or admissions of facts and of
documents; (g) to exercise acts enumerated under
Section 2, Rule 18 of the Revised Rules of Court, and (h)
to appoint and secure the services of a legal counsel or
attorney-at-law to represent the corporation in the above-
mentioned actions or proceedings.”

“HEREBY GIVING AND GRANTING unto said person full

power and authority to do and perform all and every act
and thing whatsoever requisite and necessary to be done
in and about the premises and hereby ratifying and
confirming all that the said person shall lawfully do or
cause to be done by virtue of this Authority.”

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 10th day of October 2020 at Quezon City, Philippines.

Jedidiah Cuevas
Corporate Secretary

Attested to by:
Lea Guerrero
Country Director

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public

in the City of Taguig, this 10 th day of October 2020 by exhibiting to me
her SSS ID with ID No. 654321, as competent evidence her identity,
and she personally acknowledged that the action is her free and
voluntary act and deed.
19

Atty. Renz Macunat

Notary Public

My Commission expires on December 31, 2020

No. 123 Sta. Cruz, Marinduque
IBP No. 123456 / 01-03-11 / Taguig City
PTR No. 123456 / 01-03-11 / Taguig City
Roll of Attorneys No. 48949
MCLE No. 123456 / April 16, 2010

Doc. No. ____

Page No. ___
Book No. ___
Series of 2020
20

ANNEX B

SECRETARY’S CERTIFICATE

I, GRACE DELOS SANTOS, Corporate Secretary of OCEANA

PHILIPPINES (the “Corporation”), a corporation duly organized and
existing under Philippine laws, with principal office at University of the
Philippines Campus, Diliman, Quezon City, after being duly sworn to
an oath in accordance with the law, do hereby depose and state that:

1. I am the duly elected and qualified Corporate Secretary of the

Corporation and as such, I have access to the minutes and
records of the Board of Directors’ Meetings.

2. On August 28, 2020, at the Board of Directors’ Meeting held at

the aforesaid office at which meeting a quorum was present
and acting throughout, the following resolution, upon motion
duly made and seconded, was unanimously approved:

“RESOLVED, as it is hereby RESOLVED that CEO of the

Corporation, ANDREW SHARPLESS, be, as they as
hereby authorized to bring, file, initiate and institute
cases, complaints, petitions and any action for and in
behalf of, and to protect and vindicate the rights, of the
corporation as to any matters affecting its interest,
properties, business, good will, as well as to defend the
corporation in any and all actions that may be brought or
filed against it in any court, tribunal, administrative or
quasi-judicial body or forum, with full and special power
and authority (a) to cause and authorize the preparation
and filing of all pleadings, motions, memoranda, affidavits,
and such other papers or documents as may be needed
in the course of the trial; (b) to sign and execute all
21

verifications and certifications of non-forum shopping and

other procedural requirements for pleadings filed on
behalf of the Corporation for any and all cases instituted
or to be instituted by or against the Corporation; (c) to
appear for and in behalf of the corporation in all mediation
proceedings and judicial dispute resolution hearings; (d)
to enter into amicable settlements or compromises; (e) to
submit to alternative modes of dispute resolution; (f) to
enter into stipulations or admissions of facts and of
documents; (g) to exercise acts enumerated under
Section 2, Rule 18 of the Revised Rules of Court, and (h)
to appoint and secure the services of a legal counsel or
attorney-at-law to represent the corporation in the above-
mentioned actions or proceedings.”

“HEREBY GIVING AND GRANTING unto said person full

power and authority to do and perform all and every act
and thing whatsoever requisite and necessary to be done
in and about the premises and hereby ratifying and
confirming all that the said person shall lawfully do or
cause to be done by virtue of this Authority.”

IN WITNESS WHEREOF, I have hereunto affixed my signature

th
this 5 day of October 2020 at Quezon City, Philippines.

GRACE DELOS SANTOS

Corporate Secretary

Attested to by:
Atty. Jeff Baron
President

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public

in the City of Taguig, this 5 th day of October 2020 by exhibiting to me
her SSS ID with ID No. 654321, as competent evidence her identity,
and she personally acknowledged that the action is her free and
voluntary act and deed.

Atty. Philip Ingente

Notary Public
22

My Commission expires on December 31, 2020

No. 123 Sta. Cruz, Marinduque
IBP No. 123456 / 01-03-11 / Taguig City
PTR No. 123456 / 01-03-11 / Taguig City
Roll of Attorneys No. 48949
MCLE No. 123456 / April 16, 2010

Doc. No. ____

Page No. ___
Book No. ___
Series of 2020
23

ANNEX C

SECRETARY’S CERTIFICATE

I, WENMARK BALATUCAN, Corporate Secretary of Philippine

Earth Justice Inc. (the “Corporation”), a corporation duly organized
and existing under Philippine laws, with principal office at Room M-8,
University of Cebu, College of Law, Banilad, Cebu City, after being
duly sworn to an oath in accordance with the law, do hereby depose
and state that:

1. I am the duly elected and qualified Corporate Secretary of the

Corporation and as such, I have access to the minutes and
records of the Board of Directors’ Meetings.

2. On August 30, 2020, at the Board of Directors’ Meeting held at

the aforesaid office at which meeting a quorum was present
and acting throughout, the following resolution, upon motion
duly made and seconded, was unanimously approved:

“RESOLVED, as it is hereby RESOLVED that Executive

Director of the Corporation, ATTY. GLORIA ESTENZO-
RAMOS, be, as they as hereby authorized to bring, file,
initiate and institute cases, complaints, petitions and any
action for and in behalf of, and to protect and vindicate
the rights, of the corporation as to any matters affecting
its interest, properties, business, good will, as well as to
defend the corporation in any and all actions that may be
brought or filed against it in any court, tribunal,
administrative or quasi-judicial body or forum, with full and
special power and authority (a) to cause and authorize
the preparation and filing of all pleadings, motions,
memoranda, affidavits, and such other papers or
24

documents as may be needed in the course of the trial;

(b) to sign and execute all verifications and certifications
of non-forum shopping and other procedural requirements
for pleadings filed on behalf of the Corporation for any
and all cases instituted or to be instituted by or against
the Corporation; (c) to appear for and in behalf of the
corporation in all mediation proceedings and judicial
dispute resolution hearings; (d) to enter into amicable
settlements or compromises; (e) to submit to alternative
modes of dispute resolution; (f) to enter into stipulations
or admissions of facts and of documents; (g) to exercise
acts enumerated under Section 2, Rule 18 of the Revised
Rules of Court, and (h) to appoint and secure the services
of a legal counsel or attorney-at-law to represent the
corporation in the above-mentioned actions or
proceedings.”

“HEREBY GIVING AND GRANTING unto said person full

power and authority to do and perform all and every act
and thing whatsoever requisite and necessary to be done
in and about the premises and hereby ratifying and
confirming all that the said person shall lawfully do or
cause to be done by virtue of this Authority.”

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 17tht day of October 2020 at Cebu City, Philippines.

Wenmark Balatucan
Corporate Secretary

Attested to by:
Atty. Jeff Baron
President

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public

in the City of Taguig, this 17 th day of October 2020 by exhibiting to me
her SSS ID with ID No. 765532, as competent evidence her identity,
and she personally acknowledged that the action is her free and
voluntary act and deed.
25

Atty. Noemi Perante

Notary Public

My Commission expires on December 31, 2020

No. 123 Sta. Cruz, Marinduque
IBP No. 123456 / 01-03-11 / Taguig City
PTR No. 123456 / 01-03-11 / Taguig City
Roll of Attorneys No. 48949
MCLE No. 123456 / April 16, 2010

Doc. No. ____

Page No. ___
Book No. ___
Series of 2020