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KAISA,

Petitioner,

-versus-

PBBM, DENR Secretary, BNPPKMT, KEPC, and MTIE,


Respondents,

Civil Case No. 001-2023

For: Complaint Petition for the Issuance of TEPO/PEPO

ORDER

In today’s hearing, Atty. Briccio G. Parone Jr. appeared


for the petitioner; while Atty. Chiole L. Chiong from the Office
of the Solicitor General appeared for the respondents.

This is for the petitioner’s application for the issuance of


a Temporary Environmental Protection Order (TEPO) on the
ground that the rehabilitation of the shelved Bataan Nuclear
Power Plant (BNPP) would cause grave environmental damage
to the immediate vicinity as well as the outlying local
governments and that there would be a violation of Section
13(d)1 of Republic Act No. 6969. However, during the hearing

Section 8, Rule 2 of the Rules of Procedure on


Environmental Cases provides:

Section 8. Issuance of Temporary Environmental Protection Order


(TEPO). - If it appears from the verified complaint with a prayer for the issuance
of an Environmental Protection Order (EPO) that the matter is of extreme urgency
and the applicant will suffer grave injustice and irreparable injury, the executive
judge of the multiple-sala court before raffle or the presiding judge of a single-sala
court as the case may be, may issue ex parte a TEPO effective for only seventy-
two (72) hours from date of the receipt of the TEPO by the party or person
enjoined. Within said period, the court where the case is assigned, shall conduct a
summary hearing to determine whether the TEPO may be extended until the
termination of the case.

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Section 13. Prohibited Acts – The following acts and omissions shall be considered unlawful:
d) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippine
Territory, including its maritime economic zones, even in transit, either by means of land, air or sea
transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of
the Philippines.

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