Bataan Nuclear Power Plant

BATAAN NUCLEAR POWER PLANT
1. No legal capacity to institute the petition (officers of KAISA filed)
- Complainant KAISA is a consortium of socially-oriented organizations; no

proof of juridical personality
- KAISA is not a real party in interest – no allegation it is an affected resident

and no allegation it is filing this complaint as a public interest group accredited
or registered with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or
threatened with violation (inhabitant prejudiced by the environmental damage
subject of the writ)
 Filing of a petition for a writ of kalikasan does not require that petitioner be
directly affected by an environmental disaster. BUT juridical persons can
file the petition on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or threatened with
violation (this was not alleged)
2. PBBM is immune from suit
- Settled is the doctrine that the President, during his tenure of office or actual
incumbency, may not be sued in any civil or criminal case, and there is no
need to provide for it in the Constitution or law. It will degrade the dignity of
the high office of the President, the head of State, if he can be dragged into
court litigations while serving as such. Furthermore, it is important that he be
freed from any form of harassment, hindrance or distraction to enable him to
fully attend to the performance of his official duties and functions.
3. Requirements of Writ of Kalisan not complied with
- Requirements: (a) there is an actual or threatened violation of the

constitutional right to a balanced and healthful ecology; (b) the actual or
threatened violation arises from an unlawful act or omission of a public official
or employee, or private individual or entity; and (c) the actual or threatened
violation involves or will lead to an environmental damage of such magnitude
as to prejudice the life, health or property of inhabitants in two or more cities
or provinces
- Has to show that a law, rule or regulation was violated or would be violated;
establish the unlawful acts or omissions on the part of public respondents that
have a causal link or reasonable connection to the actual or threatened
violation of the constitution right to a balanced and healthful ecology of the
magnitude contemplated under the Rules, as required of petitions of this
nature
4. No prima facie case of a massive environmental disaster / environmental
damage affecting inhabitants of 2 or more cities or provinces
5. Rehabilitation of BNPP should be allowed in the interest of maintaining adequate

supply of energy to the public
6. Lack of jurisdiction
- Cognizable by SC or CA
7. No violation of Sec. 13, R.A. 6969
- What is being imported are goods, equipment and materials for rehabilitation
of the BNPP not hazardous and nuclear waste
 Fuel for the nuclear reactor will be imported. But they are only radioactive
once spent.
- Importation – entry of a product or substance in the Phils. (through seaports

or airports of entry) after having been properly cleared through or still
remaining under customs control, the product or substance of which is
intended for direct consumption, merchandising, warehousing, or further
processing
- Manufacture – mechanical or chemical transformation of substances into

new products whether work is performed by power-driven machines or by
hand, whether it is done in a factory or in the worker’s home, and whether the
products are sold at wholesale or retail
- Hazardous waste – substances that are without any safe commercial,

industrial, agricultural or economic usage and are shipped, transported, or
brought from the country of origin for dumping or disposal into or in transit
through any part of the territory of the Phils.; shall also refer to by-products,
side-products, process residues, spent reaction media, contaminated plant or
equipment or other substances from manufacturing operations, and as
consumer discards of manufactured products
8. DENR is the expert government agency possessing technical knowledge and

special expertise
- Mandated to implement RA 6969
- Require chemical substances and mixtures which are presently being

manufactured or processed to be tested if there is a reason to believe that
they pose unreasonable risk or injury to health or the environment
- Evaluate the characteristics of chemicals that have been tested to determine
their toxicity and the extent of their effects on health and the environment
- When the adjudication of a controversy requires the resolution of issues

within the expertise of an administrative body, such issues must be
investigated and resolved by the administrative body equipped with the
specialized knowledge and the technical expertise. Hence, the courts,
although they may have jurisdiction and power to decide cases, can utilize the
findings and recommendations of the administrative agency on questions that
demand “the exercise of sound administrative discretion requiring the special
knowledge, experience, and services of the administrative tribunal to
determine technical and intricate matters of fact.
9. Precautionary principle
- A rule on evidence giving the constitutional right of the people to a balanced

and healthful ecology the benefit of the doubt
- The precautionary principle should not be so strictly applied as to unjustifiably

deprive the public of the benefits of the activity to be inhibited, and to unduly
create other risks
- Standards: (1) threats to human life or health; (2) inequity to present or future
generations; or (3) prejudice to the environment without legal consideration of
the environmental rights of those affected
- when there is lack of full scientific certainty in establishing a causal link

between human activity and environmental effect, the court shall apply the
precautionary principle in resolving the case before it
- when the risk of harm remains uncertain and there exists a possibility of
serious and irreversible harm
10. Grounds to dissolve TEPO
- If it appears after hearing that its issuance or continuance would cause

irreparable damage to the party or person enjoined while the applicant may
be fully compensated for such damages as he may suffer and subject to the
posting of a sufficient bond by the party or person enjoined
11. Moot and academic
12. Constitutionality issues must be pleaded directly and not collaterally

- Policy of the courts to avoid ruling on constitutional questions and to presume
that the acts of the political departments are valid, absent a clear and
unmistakable showing to the contrary, in deference to the doctrine of
separation of powers. This means that the measure had first been carefully
studied by the executive department and found to be in accord with the
Constitution before it was finally enacted and approved

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BATAAN NUCLEAR POWER PLANT

1. No legal capacity to institute the petition (officers of KAISA filed)

- Complainant KAISA is a consortium of socially-oriented organizations; no

- KAISA is not a real party in interest – no allegation it is an affected resident

2. PBBM is immune from suit

3. Requirements of Writ of Kalisan not complied with

- Requirements: (a) there is an actual or threatened violation of the

5. Rehabilitation of BNPP should be allowed in the interest of maintaining adequate

7. No violation of Sec. 13, R.A. 6969

- Importation – entry of a product or substance in the Phils. (through seaports

- Manufacture – mechanical or chemical transformation of substances into

- Hazardous waste – substances that are without any safe commercial,

8. DENR is the expert government agency possessing technical knowledge and

- Mandated to implement RA 6969

- Require chemical substances and mixtures which are presently being

- When the adjudication of a controversy requires the resolution of issues

- A rule on evidence giving the constitutional right of the people to a balanced

- The precautionary principle should not be so strictly applied as to unjustifiably

- when there is lack of full scientific certainty in establishing a causal link

10. Grounds to dissolve TEPO

- If it appears after hearing that its issuance or continuance would cause

11. Moot and academic

12. Constitutionality issues must be pleaded directly and not collaterally

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