n 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.