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REYES
Gr. No. 180771 APRIL 2015
Facts: A novel case was recently
decided by the Supreme Court where
a suit was filed by resident marine
mammals, like whales, dolphins, etc.
in order to prevent the exploration,
development and exploitation of
petroleum resources within Tanon
Strait, a narrow passage of water
situated between the islands of Negros
and Cebu.
This case arose when DOE and Japan
Petroleum Exploration Co. Ltd. (JAPEX)
entered into an agreement for the
exploration,
development
and
production of petroleum resources at
the offshore of Tanon Strait. The
Resident Marine Mammals, through
the Stewards, claimed that they
have the legal standing to file this
action since they stand to be benefited
or injured by the judgment in this suit.
Citing Oposa v. Factoran, Jr., they also
asserted their right to sue for the
faithful performance of international
and municipal environmental laws
created in their favor and for their
benefit.
In
this
regard,
they
propounded that they have the right to
demand that they be accorded the
benefits
granted
to
them
in
multilateral international instruments
that the Philippine Government had
signed,
under
the
concept
of
stipulation pour autrui.
The Stewards contended that there
should be no question of their right to
represent
the
Resident
Marine
Mammals as they have stakes in the
case as forerunners of a campaign to
build awareness among the affected
residents of Taon Strait and as
stewards of the environment since the
primary steward, the Government, had
failed in its duty to protect the
ANG VS ANG
Gr. No. 186993 AUGUST 2012