Respondents, by undersigned counsel, to the Most Honorable Supreme Court respectfully state:

PREFARATORY STATEMENT

“In the beginning God created the heaven and the earth.” (Genesis 1:1)

This defense assails the arguments raised by the private respondents on the alleged violation of the petitioners’ rights to a balanced and healthful ecology. The defense humbly come before this august body and most respectfully pray that its Honorable Members, acting collectively as the third great branch of government, exercise their constitutional duty to unanimously CHECK the ambiguous facts raised by the petitioners.

While we recognize the utmost right of each individual to a balanced and healthful ecology, it is also the right of persons, through the Government, to perform mining explorations in areas that are allowed by the Mines and Geosciences Bureau. This is to ensure that the natural resources are used for the economic growth of the country. And while mining explorations are conducted, this is always subject to the regulations provided by our laws to ensure that a balanced and healthful ecology is present.

Republic Act 7486 of the National Integrated Protected Areas System or NIPAS’s declaration of policy takes cognizance of man’s activities on all components of the natural environment particularly the effect of increasing population, resource exploitation and industrial advancement and recognizing the critical importance of protecting and maintaining the natural biological and physical diversities of the environment. As such, it prohibits squatting, mineral locating, or otherwise occupied by land in protected areas. In compliance with the mentioned statute, the private respondents did not violate any laws, in compliance with the Environmental Compliance Certificate application procedure.

Republic Act 9147 or the Wildlife Resources Conservation and Protection Act which seeks to protect the rare and endangered flora and fauna was also contravened by respondents. To ensure that the private respondents follow their environmental mandate, it is ensured by the abovementioned mining companies to strictly impose environmental policies in the dumping of waste materials, nor to do mineral exploration and/oor extraction in wildlife resource areas as stated in the aforementioned state.