A battle for transparency is brewing in the Philippines, as environmental groups have taken their concerns directly to the Supreme Court. They are challenging the Department of Environment and Natural Resources’ (DENR) Freedom of Information (FOI) Manual, arguing it actively hinders public access to vital environmental data.
The core of the dispute lies in Administrative Order No. 2016-29, the DENR’s adopted FOI manual. Petitioners, including the Legal Rights and Natural Resources Center, Inc. (LRC) and Bishop Cerilo U. Casicas, contend this manual effectively creates roadblocks, violating the constitutional right to information regarding matters of public concern.
Crucially, the petition emphasizes that Environmental Impact Assessments (EIAs), mining documents, and records related to Environmental Compliance Certificates (ECCs) are not exempt from public scrutiny. These documents, they argue, are fundamental to informed public participation and environmental protection.
The petitioners allege “grave abuse of discretion” by the DENR, claiming the manual’s restrictions exceed legal boundaries. Executive Secretary Ralph G. Recto and DENR Secretary Raphael Perpetuo “Popo” M. Lotilla are named as respondents in the case, though they have yet to publicly comment.
Specifically, the FOI manual lists exceptions that effectively shield documents submitted during ECC applications and restrict access to records supporting mining applications for the duration of a permit. This includes critical data like feasibility studies, drilling reports, and mineral resource assessments.
These restrictions aren’t theoretical. The petition details instances where the DENR explicitly used the FOI Manual to deny public requests for information on major projects, including the massive Tampakan Copper-Gold Project in Southern Mindanao – one of the world’s largest undeveloped deposits.
LRC requested over 20 documents related to the Tampakan project, seeking to evaluate its legal and environmental compliance. However, the Mines and Geosciences Bureau (MGB) released only three, citing sections of the FOI Manual and confidentiality clauses within the project’s agreement.
The Tampakan project, spanning 26,501 hectares and utilizing the controversial open-pit mining method, presents significant potential risks. The petitioners warn of potential alterations to river systems across four provinces and the clearing of old-growth forests, underscoring the urgent need for transparency.
Further illustrating the pattern of denial, the petition also cites the DENR’s refusal to release documents pertaining to questionable flood control projects. This, they argue, demonstrates a systemic effort to limit public disclosure.
The petitioners fear continued denial of access will inflict irreparable harm on communities and the public. They have requested a Temporary Restraining Order and/or Writ of Preliminary Injunction to halt the manual’s restrictive practices while the case is considered.
This legal challenge follows a previous letter-petition sent in September, urging the President and the DENR Secretary to amend the FOI Manual. With no action taken, the groups have now turned to the Supreme Court, seeking to ensure the public’s right to know about projects impacting the environment and their communities.
