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Resident Marine Mammals of The Protected Seascape of Tañon Strait v. Secretary Angelo Reyes

This document summarizes a Supreme Court case regarding a service contract for offshore oil and gas exploration by JAPEX in the Tañon Strait, a protected seascape. The court ruled that while Presidential Decree No. 87 provides the general legal framework for petroleum exploration, any exploitation of resources in the Tañon Strait specifically requires an act of Congress, as it is a protected area. The court found the decree remains valid law and should be interpreted in a way that is harmonious with the Constitution.

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Alicia Banhag
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104 views2 pages

Resident Marine Mammals of The Protected Seascape of Tañon Strait v. Secretary Angelo Reyes

This document summarizes a Supreme Court case regarding a service contract for offshore oil and gas exploration by JAPEX in the Tañon Strait, a protected seascape. The court ruled that while Presidential Decree No. 87 provides the general legal framework for petroleum exploration, any exploitation of resources in the Tañon Strait specifically requires an act of Congress, as it is a protected area. The court found the decree remains valid law and should be interpreted in a way that is harmonious with the Constitution.

Uploaded by

Alicia Banhag
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT v.

SECRETARY ANGELO REYES


G.R. No. 180771, 21 April 2015, EN BANC (Leonardo-De Castro, J.)

On June 13, 2002, the Government of the Philippines, acting through the DOE, entered into a
Geophysical Survey and Exploration Contract-102 (GSEC-102) with JAPEX. This contract
involved geological and geophysical studies of the Tañon Strait.

On May 9 to 18, 2005, JAPEX conducted seismic surveys in and around the Tañon Strait. A
multi-channel sub-bottom profiling covering approximately 751 kilometers was also done to
determine the area’s underwater composition.

On January 31, 2007, the Protected Area Management Board of the Tañon Strait (PAMB-Tañon
Strait) issued Resolution No. 2007-001, wherein it adopted the Initial Environmental
Examination (IEE) commissioned by JAPEX, and favorably recommended the approval of
JAPEX’s application for an ECC.

On March 6, 2007, the EMB of DENR Region VII granted an ECC to the DOE and JAPEX for
the offshore oil and gas exploration project in Tañon Strait. Months later, on November 16,
2007, JAPEX began to drill an exploratory well, with a depth of 3,150 meters, near
Pinamungajan town in the western Cebu Province. This drilling lasted until February 8, 2008.

Petitioners then applied to this Court for redress, via two separate original petitions both dated
December 17, 2007, wherein they commonly seek that respondents be enjoined from
implementing SC-46 for, among others, violation of the 1987 Constitution.

ISSUE:

Whether or not the service contract is prohibited on the ground that there is no general law
prescribing the standard or uniform terms, conditions, and requirements for service contracts
involving oil exploration and extraction.

RULING:

No, the disposition, exploration, development, exploitation, and utilization of indigenous


petroleum in the Philippines are governed by Presidential Decree No. 87 or the Oil Exploration
and Development Act of 1972. This was enacted by then President Ferdinand Marcos to
promote the discovery and production of indigenous petroleum through the utilization of
government and/or local or foreign private resources to yield the maximum benefit to the Filipino
people and the revenues to the Philippine Government.
Contrary to the petitioners’ argument, Presidential Decree No. 87, although enacted in 1972,
before the adoption of the 1987 Constitution, remains to be a valid law unless otherwise
repealed.

Moreover, in cases where the statute seems to be in conflict with the Constitution, but a
construction that it is in harmony with the Constitution is also possible, that construction should
be preferred. This Court, in Pangandaman v. Commission on Elections expounding on this
point, pronounced: It is a basic precept in statutory construction that a statute should be
interpreted in harmony with the Constitution and that the spirit, rather than the letter of the law
determines its construction; for that reason, a statute must be read according to its spirit and
intent.

Note that while Presidential Decree No. 87 may serve as the general law upon which a service
contract for petroleum exploration and extraction may be authorized, as will be discussed below,
the exploitation and utilization of this energy resource in the present case may be allowed only
through a law passed by Congress, since the Tañon Strait is a NIPAS area.

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