G.R. No. 218416 . November 16, 2021
PTK2 H2O CORPORATION, PETITIONER, VS. HON. COURT OF APPEALS, SWIM, INC. (SAVE WATERS OF INDANG, CAVITE MOVEMENT INC.) AND ITS PRESIDENT BUENAVENTURA RAMOS, VICE PRESIDENT BAYANI MATEL, SECRETARY ARMIN OLORES, TREASURER ILUMINADA SILAO AND JOSEFINO VIADO, IN THEIR REPRESENTATIVE AND PERSONAL CAPACITIES, RESPONDENTS.

FACTS

On April 23, 2012, Tagaytay City Water District (TCWD) entered into a water supply contract with petitioner PTK2 H2O Corporation (PTK2) for the supply of 10,000 cubic meters (cu.m.) of water per day for 20 years. PTK2 planned to source this water from four rivers in Indang, Cavite (Lambak, Indang, Saluysoy, and Ikloy), for which it held conditional water permits from the National Water Resources Board (NWRB) that later ripened into permanent permits. On December 15, 2012, PTK2 and TCWD increased their agreement to 50,000 cu.m. per day for 10 years, leading PTK2 to secure an increased extraction allowance from the NWRB. PTK2 also obtained an Environmental Compliance Certificate (ECC) from the Department of Environment and Natural Resources (DENR) for the Ikloy River component, limited to 20,000 cu.m. per day. When private respondents, representing concerned residents and environmental groups, discovered the project, construction had begun. They protested, citing a commissioned study (Sedigo Study) that deemed the project environmentally unsound and noting that the permitted extraction volumes exceeded the recommended maximum threshold of 30% of surface water flow. They filed a Petition for a Writ of Kalikasan with a Temporary Environmental Protection Order (TEPO) against PTK2, NWRB, TCWD, and DENR, seeking to stop the extraction and construction activities. The Court of Appeals preliminarily granted the TEPO on June 23, 2014, and later made it permanent in its Decision dated January 30, 2015, canceling the water permits and ECC and ordering PTK2 to rehabilitate the area.

ISSUE

Whether the Court of Appeals correctly granted the Petition for a Writ of Kalikasan and made the Temporary Environmental Protection Order permanent, thereby canceling PTK2’s water permits and Environmental Compliance Certificate.

RULING

Yes, the Supreme Court upheld the Decision of the Court of Appeals. The Court emphasized the constitutional right to a balanced and healthful ecology and the extraordinary nature of the writ of kalikasan. It applied the precautionary principle, which states that when there is a lack of full scientific certainty regarding the causal link between human activity and environmental damage, the case should be resolved in favor of protecting the environment. The Court found that the evidence showed PTK2’s applications for water permits and the ECC were only perfunctorily assessed by the NWRB and DENR. The permits allowed extraction volumes that threatened the ecological balance of the river systems, potentially affecting the water supply for irrigation and domestic use in Cavite. The Court also noted that the reliefs under the Rules of Procedure for Environmental Cases are non-exhaustive, allowing for remedies like the permanent cessation of harmful acts and rehabilitation. Consequently, the CA’s orders to cancel the permits, make the TEPO permanent, and require PTK2 to rehabilitate the area were affirmed.