CA junks writ of kalikasan petition vs Meralco

The Court of Appeals (CA) has denied the petitions of Makati City and Pasay City residents seeking to prevent power utility Manila Electric Co. (Meralco) from installing and activating high-tension wires that they claimed to be environmental and health hazards. The petitioners, residents of Magallanes Village in Makati City and Barangay 183 near the Villamor Air Base in Pasay City, have asked the CA to issue a writ of kalikasan (nature) and a temporary environmental protection order to prevent Meralco from mounting the high-tension wires in their communities. However, in a 24-page ruling, the CA's Former Seventeenth Division said contrary to the petitioners' claims, Meralco's power lines "do not pose a threat, immediate or otherwise" to their health. “No bases may be culled from any of petitioners’ evidence to warrant the issuance of a writ of kalikasan," said the ruling penned by Associate Justice Stephen Cruz. Concurring with him were Associate Justices Isaias Dicdican and Franchito Diamante. The appellate court said that the studies presented by the petitioners were "purely statistical in nature" and lacked basis to conclude that high-tension wires emit electromagnetic fields (EMF) that allegedly cause leukemia and other illnesses. "In the instance before us, the burden of proof lies with petitioners. In failing to prove the causal link between the illnesses feared and the EMF generating from Meralco’s power lines, petitioners have, in fact failed to discharge this evidentiary evidence," the CA added. It also ruled that Meralco did not violate environmental laws in mounting the high-voltage wires. The CA added that the allegations that Meralco installed the wires too close to their houses lacked basis. The court said Meralco met the height and distance requirements imposed by the Philippine Electric Code for the installation of electric posts. “We emphasize that Meralco’s operation is not illegal or unlawful to begin with…More importantly, Meralco’s installations was undertaken in compliance firstly to the requisites under various statues, environmental and otherwise," the CA said. “Secondly, it obtained the necessary permits to realize its operations under close scrutiny from government agencies concerned. Simply put, none of its operations is violative of any law and, as such, may not be labelled unlawful," it added. – VVP, GMANews.TV