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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."
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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.
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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 WANTS 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.
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