MikeLigalig.com

By KIT BAGAIPO
The Bohol Chronicle
    
The Regional Trial Court (RTC) has denied the petition of groups opposed to the oil exploration at the Bohol Strait even as oil explorer NorAsian Energy Ltd. has indefinitely suspended the 2D stage of the seismic survey in the Maribojoc and Tagbilaran bay area.

A 10-page resolution issued by RTC Branch-4 Presiding Judge Achilles Melicor released July 6, 2007, it was ruled that the court is prohibited under RA 8975 to issue temporary restraining order (TRO) or preliminary mandatory injunctions.

RA 8975 bars the lower courts to issue TROs and injunctions on government infrastructure projects to ensure its expeditious implementation and completion.

Sec. 3 of RA 8975 provides, "No court, except the Supreme Court, shall issue any TRO, preliminary injunction or preliminary mandatory injunction against the government, or any of its subdivisions, official or any person or entity, whether public or private, acting under the government's direction, to restrain, prohibit or compel the following acts."
          
The resolution stated that since the government, through the Department of Energy (DoE), entered into a petroleum service contract (known as SC 51) with NorAsian and its affiliates, it is already covered by said law.

However, RA 8975 also provides that "this prohibition shall not apply when the matter is of extreme urgency involving a constitutional issue, such that unless a TRO is issued, grave injustice and irreparable injury will arise."

The court stated in its resolution that the TRO applied for by petitioners does not fall under the exception as "petitioners' petition and their oral arguments… are bereft of any showing that a constitutional issue is involved."

"In fact, during [the July 4, 2007] hearing, it was established that only a legal issue is involved in the instant petition," the ruling stated.

According to the court, while it "sympathizes so much with the plight of the fisherfolks who are adversely affected by the questioned government project," it cannot issue a TRO or injunction due to the prohibition under RA 8975.

The court, however, encouraged the parties concerned to continue holding dialogues, consultations and agreements to give "sufficient financial assistance to fisherfolks and their respective families and other persons affected" by the project.

SEISMIC SURVEY COMPLETED

A report by NorAsian to its mother company Otto Energy Ltd. obtained by Environmental Legal Assistance Center (ELAC) executive director Atty. Raul Barbarona, however, showed that the 3-dimensional (3D) seismic exploration at the Bohol-Cebu Straits was already completed.

When the DoE and NorAsian gave word that they have suspended seismic activities, the most important phase of the oil exploration have already been finished, according to Barbarona.

The Chronicle learned last week that M/V Pacific Sword, the vessel used for the seismic data gathering, was already on its way to Singapore.

The NorAsian report revealed that "at the request of the DoE, the acquisition of 2D data at the Bohol Strait (near Maribojoc and Tagbilaran bay) is deferred".

It also reported that a challenge has been made by a local non-government organization to the Department of Environment and Natural Resources (DENR) on the environmental permit issued to the project.

The survey, the report bared, is deferred to a later date and the data in the 2D survey area is "not critical to the short-term drilling plans" at the Bohol-Cebu Straits (SC 51).

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