Last week, high level representatives of the Philippine Coast Guard met with the representatives of the US Navy in their investigation of the grounding of the mine sweeper USS Guardian on Tubbataha Reef on January 17, 2013.  At roughly the same time, a group of environmental activists filed a citizen suit before the Philippine Supreme Court asking for a writ of kalikasan over the grounding.  “Kalikasan” is a Filipino word meaning “nature.” A writ of kalikasan is a unique legal remedy under Philippine law which provides for the protection one’s right to “a balanced and healthful ecology in accord with the rhythm and harmony of nature,” as provided for in Section 16, Article II of the Philippine Constitution.

Groups seek writ of kalikasan on USS Guardian grounding

The grounding of the the USS Guardian appears to be roughly the third time that a writ of kalikasan has been sought.  The first was directed against an electric power distribution company in 2010. That case is still pending trial. In the second case, also in 2010 against an oil pipeline company,  a writ of kalikasan was issued and the pipeline was shut down.

The Tubbataha Reef is a UNESCO World Heritage site and the grounding is believed to have damaged 2,346 square meters of the reef.  To remove the ship from the reef, the USS Guardian was cut into pieces and hauled away by barge.  earlier this month the Navy relieved the commanding officer, Lt. Cmdr. Mark Rice,  and three others.