The Fisherfolks and the Sea:

A Position Paper against the Establishment of

The Universal Cement Corporation in Brgy. Batoon

Presented to the

ATTY. JOAN DYMPHNA SANIEL-AMIT

School of Law and Governance

University of San Carlos

Cebu City, Philippines

In Partial Fulfillment

Of the Requirements for the course

LLB 244N: Natural Resources and Environmental Law

By

Rabindranath Saludsod Polito

Harold Justin Go

Eugene Atrejenio Salvacion

Sunday Libres Caballero

 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
BARANGAY BATOON, MUNICIPALITY OF KALUBIHAN

RABINDRANATH POLITO, HAROLD GO, EUGENE SALVACION AND SUNDAY

CABALLERO, Complainants
Versus
UNIVERSAL CEMENT CORPORATION, Respondent

POSITION PAPER
FOR THE COMPLAINANT FISHERFOLKS
OF THE COMPLAINANT AGAINST THE PROPOSED
ESTABLISHMENT IN BARANGAY BATOON
BY RESPONDENTS CEMENT CORPORATION

I. STATEMENT OF FACTS

1. The complainants in this case are the following:

a) Rabindranath Polito, 40, fisherman and a resident of Brgy. Batoon;
b) Eugene Salvacion, 60, fisherman and a resident of Brgy. Batoon;
c) Harold Go, 55, fisherman and a resident of Brgy. Batoon; and
d) Sunday Caballero, 50, fisherman and a resident of Brgy. Batoon.

2. The respondent in this case is the Universal Cement Corporation.

3. Respondent was planning to establish a cement corporation in Brgy. Batoon, a coastal

barangay in the Municipality of Kalubihan.
4. The establishment will be established in said barangay and the limestone will be taken
from Brgy. Bukid and the quarry sites will cover several hundreds of hectares.

5. The respondent has convinced some municipal and barangay officials in view of the offering
of 1,000 jobs, opening of a hospital, and building of a school.

6. The complainant fisherfolks are against the establishment for they foresee harmful effects to
human health and to the fishery, marine resources, water and forest which would greatly affect
their livelihood.

II. ISSUE

The sole issue in this case is whether or not the cement corporation should continue the
project in Bargy. Batoon, considering the environmental effects to the barangay, the fishery and
the marine resources.

III. DISCUSSION

1. The fisherfolks have the right to a healthful ecology.

A provision in the 1987 Constitution, which once some saw as unnecessary, has been
gradually gaining attention. Section 16 of Article II says: The State shall protect and advance the
right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature. In tandem with it is Section 15, which says: The State shall protect and promote the
right to health of the people and instill health consciousness among them.

Section 16 is unusual among those found in Article II in that, whereas almost all the other
provisions in the Article are not self-executing but need implementing legislation to make them
effective, Section 16 has been recognized by the Supreme Court as self-executing like the
provisions in the Bill of Rights. In Oposa vs. Factoran, the Supreme Court already recognized it,
in conjunction with the right to health, as anchoring the right of a group of minors to challenge
logging practices in the country. The minors, speaking for themselves and for generations yet
unborn under the concept of inter-generational justice, asked the Court to order a stop to the
harmful effects flowing from deforestation. The Court upheld their right to raise the challenge as
flowing from their right to a balanced and healthful ecology and the correlative duty to refrain
from impairing the environment.

In this case, the fisherfolks invoke this constitutional right for the protection of the land and
sea where the cement corporation is to be established. The harmful effects of cement corporation,
as will be discussed in the proceeding arguments, can destroy vegetation, fishes and health of the
fisherfolks and their families.

2. Sulfur dioxide is harmful to the aquatic life, thereby decreasing the fishery.

According to United States Environmental Protection Agency, the cement sector is the third
largest industrial source of pollution, emitting more than 500,000 tons per year of sulfur dioxide,
nitrogen oxide, and carbon monoxide.

Sulfur dioxide (also sulphur dioxide) is the chemical compound with the formula SO2. At
standard atmosphere, it is a toxic gas with a pungent, irritating smell. When sulfur dioxide
combines with water and air, it forms sulfuric acid, which is the main component of Acid rain.
Acid rain can cause deforestation, acidify waterways to the detriment of aquatic life and corrode
building materials and paints.

High concentrations of sulfur dioxide (SO2) can result in breathing problems with asthmatic
children and adults who are active outdoors. Short-term exposure has been linked to wheezing,
chest tightness and shortness of breath. Other effects associated with longer-term exposure to
sulfur dioxide, in conjunction with high levels of particulate soot, include respiratory illness,
alterations in the lungs' defenses and aggravation of existing cardiovascular disease.

Sulfur dioxide and nitrogen oxides are the major precursors of acid rain, which has acidified
soils, lakes and streams, accelerated corrosion of buildings and monuments, and reduced visibility.
Sulfur dioxide also is a major precursor of fine particulate soot, which poses a significant health
threat.

An ecosystem is a community of plants, animals and other organisms along with their
environment including the air, water and soil. Everything in an ecosystem is connected. If
something harms one part of an ecosystem one species of plant or animal, the soil or the water
it can have an impact on everything else. Sulphur dioxide can cause acid rain which seriously
affects ecosystems. Acid rain is a major problem in the northern hemisphere where trees and
whole forests have been affected.

The ecological effects of acid rain are most clearly seen in aquatic environments, such as
streams, lakes, and marshes where it can be harmful to fish and other wildlife. The more acid that
is introduced to the ecosystem, the more aluminum is released. Generally, the young of most
species are more sensitive to environmental conditions than adults. At pH 5, most fish eggs
cannot hatch. At lower pH levels, some adult fish die.

Moreover sulfur dioxide affects the respiratory system, particularly lung function, and can
irritate the eyes. Sulfur dioxide irritates the respiratory tract and increases the risk of tract
infections. It causes coughing, mucus secretion and aggravates conditions such as asthma and
chronic bronchitis. Also Sulphur dioxide can form secondary particles (sulphates) that cause haze
and reduce visibility.

In this case, the livelihood of the fisherfolks is very much dependent on the fishery and
marine resources. If these are destroyed by the cement corporation, these fisherfolks will lose not
only their jobs but also their health and families. Complainants Polito has 4 children, Go has 5
children, Salvacion with 8 children, and Caballero with 5 children. These are only four families of
the 60 registered fisherfolks in the barangay.

3. Nitrogen oxide destroys not only the water but also the forest, vegetation, and human
respiratory system.

Nitrogen oxides are a group of gases that are composed of nitrogen and oxygen. Two of the
most common nitrogen oxides are nitric oxide and nitrogen dioxide. The chemical formula for
nitric oxide is NO; for nitrogen dioxide, it is NO2. Nitrous oxide, N2O, is a greenhouse gas that
contributes to climate change.

Nitric oxide is a gas with a sharp, sweet smell; it is colorless to brown at room temperature.
Nitrogen dioxide is a colorless to brown liquid at room temperature, with a strong, harsh odor. It
becomes a reddish-brown gas at temperatures above 70 degrees. They are believed to aggravate
asthmatic conditions, react with the oxygen in the air to produce ozone, which is also an irritant
and eventually form nitric acid when dissolved in water.

When dissolved in atmospheric moisture the result can be acid rain which can damage
vegetation, trees and entire forest ecosystems. NO2 can irritate the lungs and lower resistance to
respiratory infection. Sensitivity increases for people with asthma and bronchitis. NO2 chemically
transforms into nitric acid and, when deposited, contributes to lake acidification. NO2, when
chemically transformed to nitric acid, can corrode metals, fade fabrics and degrade rubber. It can
damage trees and crops, resulting in substantial losses.

Short-term exposure to nitrogen oxide may cause increased respiratory illness in young
children and harm lung function in people with existing respiratory illnesses. Long-term exposure
may lead to increased susceptibility to respiratory infection and may cause alterations in the lung.
(Nitrogen oxides also can be transformed in the atmosphere to ozone of fine particulate soot -
which are both associated with serious adverse health effects.)

Nitrogen oxides help form acid rain. In addition, this pollutant can cause a wide range of
environmental damage, including visibility impairment and eutrophication - that is, explosive
algae growth which can deplete oxygen in water bodies such as the Batoon Bay in Brgy. Batoon
in the Municipality of Kalubihon.

In this case, the families of complainants Polito and Salvacion have vegetation in their
backyard which are at risk of damage when the cement corporation emitting nitrogen oxide.
Complainant Go is suffering from asthma while complainant Caballero suffers from bronchitis.
These conditions would be aggravated by the presence of the cement corporation which emits
nitrogen oxide.

4. Carbon monoxide is a major cause of respiratory, cardiovascular, and central nervous

system illnesses.

Carbon monoxide (CO) can cause harmful health effects by reducing oxygen delivery to the
body's organs and tissues, as well as adverse effects on the cardiovascular and central nervous
systems. CO also contributes to the formation of smog (ground-level ozone), which can cause
respiratory problems.
 Carbon monoxide (CO) is a colorless, odorless, tasteless, deadly gas. This gas is produced
when wood, coal, gasoline and charcoal are used as fuel. However, each may vary as to the
amount of carbon monoxide it produces. During the past years, the presence of carbon monoxide
has been alarming as it has become one of the major causes of respiratory illnesses. With the
rapid growth of industries, carbon monoxide emissions have been increasing tremendously. There
is really no point in adding to the already unresolved problem that has been brought upon by the
coming of the industrial revolution. If there be any move for sustainable development and holistic
economic growth, it should be pointed on to precluding any establishment of industrial plants that
do not take any responsibility towards taking care of our environment.

Carbon monoxide enters the bloodstream through the lungs and reduces oxygen delivery to
the body's organs and tissues. The health threat from carbon monoxide at low levels is most
serious for those who suffer from cardiovascular disease, such as angina pectoris. At much higher
levels, carbon monoxide can be poisonous. Even healthy people may be affected. Visual
impairment, reduced work capacity, reduced manual dexterity, poor learning ability and difficulty
in performing complex tasks are all associated with exposure to carbon monoxide.

Furthermore, studies show that people living in places where industrial plants are commonly
found have been more susceptible to the ill-effects of dangerous gases. They have been found to
have acquired rare cases of respiratory illnesses. Also, oceans has been a repository of industrial
wastewater that carries tonnage of dangerous substances. These gases pollute the seas and
inevitably, the sea creatures therein. Fishes, for example, have been found to contain harmful
substances, e.g. includes carbon monoxide, which may have been a by-product of other gases like
CO2. Unfortunately, the process continues as the food chain goes on. People eat fishes and there
goes the cycle.

In this case, the complainantss health is vital to their livelihood. Effects such as visual
impairment, reduced work capacity, reduced manual dexterity, poor learning ability and difficulty
in performing complex tasks, which are all associated with exposure to carbon monoxide, could
make the complainants lose their only source of living.
IV. PRAYER

WHEREFORE, premises considered, it is respectfully prayed that resolution be issued

prohibiting that the respondent corporation from establishing the Universal Cement Corporation
in Bry. Batoon, Municipality of Kalubihon.

FINALLY, the complainants respectfully pays for such and other reliefs as may be deemed
just and equitable in the premises.
Municipality of Kalubihon, July 31, 2017.

For and in behalf of the Complainants:

MR. RABINDRANATH S. POLITO
Address: #413, Bangus Street, Bry. Batoon, Municipality of Kalubihan

SUBSCRIBED AND SWORN TO BEFORE ME in the Municipality of Kalubihan on July

31, 2017 affiant showing his competent proof of identity as follows: LTO Drivers License No.
DOL-12-121985.

Notary Public
Doc. No. 24
Page No. 33
Book No. 3
Series of 2017.

Copy Furnished:

ATTY. RODOLPH S. POLITO

Counsel for Complainants