TUESDAY |DECEMBER 02, 2008 | PHILIPPINES

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‘As Alfredo Lim says: “The law applies to all or none at all!” How can one dare to argue against that?’

Dasma as next disaster area


In looking over the Supreme Court decision that will result in the increase of our electricity bills, one notes that the main reason used by the Supreme Court in G.R. No. 145328, promulgated on March 23, 2006 was the danger posed by electricity to the health of the defenseless residents of Dasmariñas Village. Here is how the SC decided on the case:

"Sometime in 1996, Napocor began the construction of 29 decagon-shaped steel poles or towers with a height of 53.4 meters to support overhead high tension cables in connection with its 230 Kilovolt Sucat-Araneta-Balintawak Power Transmission Project. Said transmission line passes through the Sergio Osmeña, Sr. Highway (South Superhighway), the perimeter of Fort Bonifacio, and Dasmariñas Village proximate to Tamarind Road, where petitioners’ homes are.

"Said project later proved to be petitioners’ bane of existence.

"Alarmed by the sight of the towering steel towers, petitioners scoured the internet on the possible adverse effects that such a structure could cause to their health and well-being. Petitioners got hold of published articles and studies linking the incidence of a fecund of illnesses to exposure to electromagnetic fields. These illnesses range from cancer to leukemia.

"Napocor received flak from Representative Francis Joseph G. Escudero, who in his Privilege Speech dated 10 May 1999, denounced the cavalier manner with which Napocor ignored safety and consultation requirements in the questioned project."

Surely, Internet research is far from true science since the Internet is like a huge endless blank wall where anyone posts the graffiti of his choice.

The SC ruling goes on:

"Here, there is adequate evidence on record to justify the conclusion that the project of Napocor probably imperils the health and safety of the petitioners so as to justify the issuance by the trial court of a writ of preliminary injunction.

"Petitioners adduced in evidence copies of studies linking the incidence of illnesses such as cancer and leukemia to exposure to electromagnetic fields. The records bear out, to boot, a copy of a brochure of Napocor regarding its Quezon Power Project from which will be supplying Napocor with the power which will pass through the towers subject of the controversy. The Napocor brochure provides that because of the danger concomitant with high voltage power, Philippine laws mandate that the power lines should be located within safe distances from residences. And the Quezon Power Project mandates an easement of 20 meters to the right and 20 meters to the left which falls short of the 12-meter easement that Napocor was proposing to petitioners.

"Also on file is the Privilege Speech dated 10 May 1999 of Representative Francis Joseph G. Escudero, who denounced the cavalier manner with which Napocor ignored safety and consultation requirements in the questioned project.

"With a member of Congress denouncing the subject project of Napocor because of the very same health and safety ills that petitioners now hew to in this petition, and with documents on record to show that NAPOCOR made representations to petitioners that they are looking into the possibility of relocating the project, added to the fact that there had been series of negotiations and meetings between petitioners and Napocor as well as related agencies, there is ample indicia to suggest to the mind of the court that the health concerns of the petitioners are, at the very least, far from imaginary.

"Indeed, if there is no cause for concern, Napocor would not have been stirred to come up with options to address the woes of petitioners, nor would Congressman Escudero have fired away those strong words of censure, assailing what to Congressman Escudero smacks of a ‘cavalier manner by which the Napocor has responded to earnest pleas for a review of its practice of installing massive pylons supporting high tension cables in densely populated areas.’

"True, the issue of whether or not the transmission lines are safe is essentially evidentiary in nature, and pertains to the very merits of the action below. In fact, petitioners recognize that the conclusiveness of their life, health and safety concerns still needs to be proved in the main case below and they are prepared to do so especially in the light of some studies cited by respondent that yield contrary results in a disputed subject. Despite the parties’ conflicting results of studies made on the issue, the possibility that the exposure to electromagnetic radiation causes cancer and other disorders is still, indeed, within the realm of scientific scale of probability.

"Equally important, we take judicial notice that the area alluded to as location of the Napocor project is a fragile zone being proximate to local earthquake faults, particularly the Marikina fault, among other zones. This is not to mention the risks of falling structures caused by killer tornadoes and super typhoons, the Philippines, especially Central Luzon, being situated along the typhoon belt."

Oh, my God! Where is the science to this decision? Something that falls "within the realm of scientific scale of probability" is nothing. And, according to the decision, Dasma Village is now situated both in Central Luzon and right on the Marikina Fault Line?

One would have expected that expert opinion from doctors, scientists and such on the dangers would have been sought prior to coming up with a decision based on unproven claims of health dangers coming from overhead power lines.

But if the Supreme Court must earn our respect, it must be a court for all, not only of their friends and relations in Dasma. The SC must protect not only the health of the Dasma residents but those of all citizens in the same situation. As Mayor Alfredo Lim says: "The Law applies to all or none at all!" How can one dare to argue against that?

If the decision is that the health of the Dasma Billionaires must be protected against the dangers of unspecified radiation and invisible waves of energy coming from power lines, should not the Supreme Court likewise protect the rest of us from the dangers of living close to sources of electricity?

On the other hand, if it determines that only those living in Dasmariñas Village are in danger for reasons of their frail constitution, why not declare Dasma a permanent blackout zone, the better for these fragile humans to survive to the next decade? Who knows what dangers there may be to their frail health coming from microwave ovens, air conditioning units, energy and heat waves from heaters, television screen radiation, DVD players, freezers, refrigerators, passing vehicles, computers, telephones, cell phones, doorbells, blood pressure monitors and other digital and electromagnetic devices?

Protect these hapless, weak humans from the dangers of electricity itself which should be declared by Supreme Court fiat to be a danger to humanity. Can they do this? Didn’t the SC declare that Joseph Estrada had resigned as president? If it could do that, the SC can do anything.

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