MikeLigalig.com

By KIT BAGAIPO

A petition for temporary restraining order (TRO) will be filed by oppositors of the oil exploration survey in the Bohol-Cebu Strait scheduled next week.

This after fishermen and non-government organizations in the towns of Panglao, Dauis, Cortes, Maribojoc and Tagbilaran City launched a signature campaign opposing the seismic survey.

The petition will be filed by the Bohol Alliance of Non-Government Organizations (BANGON), through the Environmental Legal Assistance Center and the Integrated Bar of the Philippines (IBP) Bohol Chapter.

ELAC president lawyer Raul Barbarona bared to the Chronicle yesterday, they will try to block the oil seismic survey while expecting the project's proponents will invoke PD 605 and PD 1818 to defend the project.

PD 605, issued in 1974 by then President Ferdinand Marcos, prohibits the courts from issuing preliminary injunctions involving concessions, licenses and other permits issued by public administrative officials or bodies for the exploitation of natural resources.

Meanwhile, PD 1818 prohibits judges from issuing restraining orders against government infrastructure projects. In part, the decree says "No court in the Philippines shall have jurisdiction to issue any restraining order, preliminary injunction or preliminary order, preliminary mandatory injunction in any case, dispute or controversy involving an infrastructure project."

Barbarona disclosed that an international network of lawyers, environmentalists and scientists have provided him guidance in filing a petition for TRO against the seismic oil exploration.

The petition will be citing scientific studies on the effect of a seismic survey towards fishes, marine mammals and dolphins and other sea life. Similar cases where TROs were granted against seismic surveys will be used as reference.

Aside from the effects to the marine environment, the petition will also question the unavailability of baseline data on the marine resources in the survey area and the compensation for fishermen who will be affected by the survey.

Oppositors want that fishermen will be paid by DOE and NorAsia before the survey is conducted and not after, according to Barbarona.

Marginal fishermen will be prohibited to fish within a 10-kilometer radius from M/V Pacific Sword, the vessel equipped with seismic device.

The survey, which could run for 3 to 4 weeks will affect the daily sustenance and livelihood of marginal fishers while the damage from the seismic activity will likewise drive away fishes.

Among other the contentious issues being raised by oppositors is the payment for damaged fish pens (payao) that will be damaged by the oil exploration.

AUMENTADO, CHATTO WANT ISSUES RESOLVED

Gov. Erico Aumentado and first district Rep. Edgar Chatto want the DOE and NorAsia. to resolve the issues first before conducting a seismic oil exploration at the Bohol-Cebu Strait.

Both officials made clear during separate interviews over Station dyRD that they require extensive consultations and agreements to be finalized among fishermen's groups and stakeholders by project proponents.

The governor was informed public consultations jointly conducted by DOE, NorAsian and the Bureau of Fisheries and Aquatic Resources (BFAR) in the towns of Dauis, Maribojoc, Loon and Tagbilaran all failed to achieve support from fisherfolks and concerned groups.

In Dauis, representatives of BFAR and DOE were not even able to lay down their objectives as fishermen were not satisfied with their statements.

Aumentado stressed the compensation package being offered by the DOE and NorAsia must be acceptable to fishermen who will be affected by the seismic survey.

Chatto requested Energy Sec. Raphael Lotilla that full disclosure must be made to stakeholders. (Bohol Chronicle, June 13, 2007)

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