Possible Basis of RP Energy On Contesting the Writ of Kalikasan

On January 15, the Manila Standard Today reported that the RP Energy is contesting the Writ of Kalikasan issued against it by the Supreme Court on August of last year.

It said:

Redondo Peninsula Energy Inc., the proponent of the 600-megawatt coal project in Subic, said Monday it submitted a legal memorandum contesting the writ of Kalikasan issued by the court.

RP Energy said it was awaiting the decision of the court on the case, which could derail its plan to build a coal-fired power plant in Zambales. The last hearing was held on Dec. 14.

RP Energy declined to provide a copy of the memorandum submitted to the Court of Appeals, citing confidentiality issues.

The Writ of Kalikasan is a legal remedy that provides for protection against environmental damage.

So what might be it that RP Energy may be contesting?

Here's a possibility: Section 1 on Rule 7 of Special Civil Actions (Part III) states that,

Nature of the writ. - The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

The important phrase is "...involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces."

It would be a technicality and there could be other reasons but would it be enough basis to contest the Writ of Kalikasan?

Hopefully, the case will be decided based on merits anyway.