Oceana, youth, fisherfolk, other environmental advocates appeal to Supreme Court to ban plastic
Press Release Date: August 15, 2024
International marine conservation group, Oceana, former Senator Sergio Osmeña III, and representatives of the youth, fisherfolk and other environmental advocates filed a Petition for Review on Certiorari, asking the Supreme Court (SC) to direct the Court of Appeals (CA) to modify its decision on July 9, 2024 and include plastics in the list of non-environmentally acceptable products (NEAP).
The 39-page petition filed on August 12, 2024 appealed the CA’s complete omission of plastics in the fallo of its decision. The fallo is the part of the decision that binds and directs the parties in the case to a certain course of action.
Here, the CA decision dated July 9, 2024 granted the petition and ordered the National Solid Waste Management Commission (NSWMC) and its member-agencies to: “(1) Formulate and issue a list of non-environmentally acceptable products (NEAP) within six months from receipt hereof; (2) Review and update said list annually; (3) Oversee the strict implementation of and compliance with the immediately preceding paragraphs; and (4) Submit annual reports to the CA on the status of the implementation of the NEAP list.”
CA Justice Cruz observed in his dissent that “…with their entitlement of the constitutionally guaranteed right to a healthful and balanced ecology, courts can provide them remedies to ensure permanent discontinuation of environmentally harmful acts.”
“We do not think it is right to leave the decision on whether to recognize plastics as NEAP to the very government agency that has refused to move an inch for 23 long years despite recognizing publicly that the Philippines is emitting 2.7 million metric tons of mismanaged plastic waste per year,” stated the petitioners.
On October 27, 2021, more than 50 groups and individuals filed a Petition for Writ of Kalikasan and Writ of Continuing Mandamus with Prayer for Temporary and Environmental Protection Order (TEPO) before the Supreme Court. The petition sought to compel the NSWMC and its members to fulfill their duties under Sec. 15 and 16 of Article II and Sec. 2 of Article XII of the 1987 Constitution; Sec. 29, 30, 48, and 49 of Republic Act No. 9003; and under the London Protocol, the Stockholm Convention, the Paris Agreement, the United Nations Framework Convention on Climate Change, and customary international law.
Acting on the petition, the SC referred the case to the CA for reception of evidence, trial, and rendition of judgment in Resolution dated December 7, 2021. The proceedings were raffled to and handled by the CA Tenth Division.
Named respondents in the petition are the NSWMC, Secretary of the Department of Environmental and Natural Resources (DENR) who sits as the Chairperson of NSWMC and the individual representatives of its members – Secretary of the Department of the Interior and Local Government, Secretary of the Department of Science and Technology, Secretary of the Department of Health, Secretary of the Department of Trade and Industry, Secretary of the Department of Agriculture, Chairperson of the Metro Manila Development Authority, Union of Local Authorities of the Philippines, Recycling, Composting, and Resource Recovery and Processing Industry, Non-Government Organizations, Manufacturing Industry, Packaging Industry, and Obliged Enterprises, and all persons acting under the control, supervision, direction, and instruction of the respondents in connection with the enforcement and implementation of Sections 29, 30, 48, and 49 of R.A. No. 9003.
“We are compelled to file this petition within the 15-day period allowed under the rules because the decision omits all mention of plastic products despite discussing at length the harmful irreversible effect of plastics and plastic pollution on the people and our natural life support system that has become a growing global concern,” said Atty. Gloria Estenzo Ramos, Oceana Vice President.
Oceana is the largest international advocacy organization dedicated solely to ocean conservation. Oceana is rebuilding abundant and biodiverse oceans by winning science-based policies in countries that control one-quarter of the world’s wild fish catch. With more than 300 victories that stop overfishing, habitat destruction, oil and plastic pollution, and the killing of threatened species like turtles, whales, and sharks, Oceana’s campaigns are delivering results. A restored ocean means that 1 billion people can enjoy a healthy seafood meal every day, forever. Together, we can save the oceans and help feed the world. Visit Oceana.org to learn more.
For More Information:
Joyce Sierra, Communications Manager, Oceana
Mobile: 09178214430 E-mail: jsierra@oceana.org
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