By Rey Panaligan  Supreme Court (SC) Senior Associate Justice Antonio T. Carpio on Tuesday (July 2) inhibited himself from participating in the petition which pleaded the government to protect, preserve and rehabilitate the environment in the Scarborough Shoal or Panatag Shoal, Ayungin Shoal, and Mischief or Panganiban Reef in the West Philippine Sea (WPS). Supreme Court Senior Justice Associate Justice Antonio Carpio
(JOHN JEROME GANZON / MANILA BULLETIN FILE PHOTO) With his inhibition, Carpio will not also participate in the oral arguments set Tuesday afternoon on the petition filed by a group of fishermen from Zambales and Palawan. Carpio’s inhibition was sought by Solicitor General Jose C. Calida who manifested before the SC that the magistrate’s active participation in the South China Sea (SCS) Arbitral Proceedings and his continuing public pronouncements against the actions taken by the government in relation to the SCS Arbitral Award warranted his recusal from the case. The fishermen’s petition is for a Writ of Kalikasan, a legal remedy for the protection of one's right to “a balanced and healthful ecology in accord with the rhythm and harmony of nature,” under Section 16, Article II of the Constitution. Panatag Shoal is located in Zambales, while Ayungin Shoal and Panganiban Reef are in Palawan. In their petition, the fishermen told the SC that Chinese fishermen have been harvesting and endangering marine resources in the WPS. They sought the issuance of a writ of continuing mandamus in what they describe as “neglect of performance of the duties of the government in violation of environmental laws resulting in environmental destruction or damage in the shoals." Named respondents in the petition were the Department of Environment and Natural Resources, Department of Agriculture, Philippine Navy, Philippine Coast Guard, Philippine National Police, and Department of Justice.