Professional Documents
Culture Documents
USA LLB-4B
Remedial Law 2| Case Digest: Arigo vs Swift (2014)
VILLARAMA, JR, J
. Nature: P
etition for the issuance of a Writ of Kalikasan with
prayer for the issuance of a Temporary Environmental Protection
Order (TEPO) under Rule 7 of RPEC over the January 17, 2013
grounding of US minesweeper USS Guardian on the protected
area known as a United Nations Heritage Site
FACTS:
❖ R.A. No. 10067 (RA 10067), otherwise known as the “Tubbataha Reefs Natural Park (TRNP) Act of 2009”, was
enacted to ensure protection and conservation of the Tubbataha Reefs into perpetuity for the enjoyment of
present and future generations. Under the “no take” policy, entry into the waters of the TRNP is strictly
regulated and many human activities are prohibited, penalized or fined, including fishing, gathering, destroying
and disturbing the resources within the TRNP.
❖ The US Embassy in the Philippines requested diplomatic clearance for the USS Guardian (“Ship”) “to enter and
exit the territorial waters of the Philippines and to arrive at the port of Subic Bay for the purpose of routine ship
replenishment, maintenance, and crew liberty.”
❖ On 17 January 2013, while transiting the Sulu Sea, the ship ran aground on the northwest side of South Shoal
of the Tubbataha Reefs. No one was injured in the incident and there have been no reports of leaking fuel or
oil.
❖ US 7th Fleet Commander, Vice Admiral Scott Swift expressed regret for the incident in a press statement.
Petitioners Arigo, et.al. on their behalf and in representation of their respective sector/organization and others,
including minors or generations yet unborn filed a petition for the issuance of a Writ of Kalikasan with prayer
for the issuance of a Temporary Environmental Protection Order (TEPO) under the Rules of Procedure for
Environmental Cases.
Petitioners’ contention
➢ The grounding, salvaging and post-salvaging operations of the ship cause and continue to cause
environmental damage of such magnitude as to affect various provinces in the country which violate
their constitutional rights to a balanced and healthful ecology
➢ There should be a directive from the Supreme Court for the institution of civil, administrative and
criminal suits for acts committed in violation of environmental laws and regulations in connection with
the grounding incident
➢ US respondents committed the following violations under RA 10067: unauthorized entry; non-payment
of conservation fees; obstruction of law enforcement officer; damages to the reef; and destroying and
disturbing resources
➢ The VFA provides for a waiver of immunity from suit
Respondents’ contention
➢ The grounds relied upon by petitioners for the issuance of TEPO or writ of Kalikasan have become fait
accompli as the salvage operations on the ship were already completed
➢ The petition is defective in form and in substance
➢ The petition improperly raises issues involving VFA between Philippines and USA
➢ The determination of the extent of responsibility of the US Government regarding the damage to the
Tubbataha Reefs rests exclusively with the executive branch
ISSUE/S:
RULING:
1. The Court has no jurisdiction over the erring US servicemen however expects that US bear “international
responsibility under Art. 31 of UNCLOS in connection with the USS Guardian grounding which adversely affected
the Tubbataha reefs.
2. No. Any waiver of State Immunity under the VFA pertains only to criminal cases and not to special civil cases
including the writ of kalikasan.
In fact, it can be inferred from Section 17, Rule 7 of the Rules of Procedure for Environmental Cases that a criminal
case against a person charged with a violation of an environmental law is to be filed separately:
“SEC. 17. Institution of separate actions. – The filing of a petition for the issuance of the writ of kalikasan shall not preclude the
filing of separate civil, criminal or administrative actions.”
The Court however declined to review the VFA, pointing out that a writ of kalikasan plea is not the proper course of
action to question the constitutionality of the VFA.
______________________________________________________________________________________________________
1. The Court cannot grant damages which have resulted from the violation of environmental laws. Section 15, Rule 7
of the Rules of Procedure for Environmental Cases enumerates the reliefs which may be granted and the same rule
excludes the award of damages to individual petitioners. This should fall under a separate civil suit or as a
consequence of any criminal action.
______________________________________________________________________________________________________
2. The Court ruled that the petition for the issuance of the privilege of a writ of kalikasan with prayer for the issuance
of a Temporary Environmental Protection Order has become moot in the sense that the salvage operation of the
US military ship USS Guardian which ran aground over the Tubbataha Reefs sought to be enjoined or restrained had
already been accomplished.
However, insofar as the directives to Philippine respondents to protect and rehabilitate the coral reef structure and
marine habitat adversely affected by the grounding incident are concerned, petitioners are entitled to these reliefs
notwithstanding the completion of the removal of the USS Guardian from the coral reef.
The Court stresses the resort to exploring avenues for settlement of environmental cases as this is not proscribed
by the Rules of Procedure for Environmental Cases.
On the matter of compensation and reef rehabilitation measures through diplomatic channels, the high court
deferred the authority over these issues with the executive department and pronounced that it "is not subject to
judicial inquiry or decision."
NOTES:
Procedural liberality as to legal standing in environmental cases should be allowed only when:
a) there is a clear legal basis for the representative suit;
b) there are actual concerns based squarely upon an existing legal right;
c) there is no possibility of any countervailing interests existing within the population represented or those that are
yet to be born; and
d) there is an absolute necessity for such standing because there is a threat of catastrophe so imminent that an
immediate protective measure is necessary.