Republic of the Philippines

REGIONAL TRIAL COURT

1st Judicial Region
Urdaneta City - Branch 49

IN RE: PETITION FOR WRIT OF KALIKASAN

SP No. 111334
Camella Homeowners Association, Bria Homeowners Association
Petitioners.

Fear of Mankind Inc., Chairman Ricardo Fogi, Chairman Emmanuel

Pacquiao,
Respondent.
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Petitioner, though counsel, and unto this Honorable Court, respectfully avers
that;

1. This is a petition for the issuance of a Writ of Kalikasan, filed with this Honorable
Court pursuant to Rule 7 of A.M. No. 09-6-8-SC, otherwise known as the Rules of
Procedure for Environmental Cases, concerning as it is the violation of the
constitutional rights of the residents of the City of Urdaneta to a balanced and
healthful ecology.

2. This is a class suit, Petitioners are residents and inhabitants of Barangay Anonas
and San Vicente, Urdaneta City, registered associations with capacity to sue,

Petitioners may be served with the orders, resolutions, notices and processes of
this Honorable Court through their counsel of record, Atty. Eduardo Pagunuran
Jr, Tavera St. Poblacion, Binalonan, Pangasinan.

3. Respondent Fear of Mankiind (FoM) is a domestic corporation created and

organized pursuant to the laws of the Republic of the Philippines with principal
office address at Lepanto Building, Ortigas Avenue, Pasig City, where it may be
served with summons and other processes of this Honorable Court

4. Respondent BARANGAY CHAIRMAN Antonio Carpio is the Barangay Chairman

of Anonas, Urdaneta CIty.

5. Respondent BARANGAY CHAIRMAN Marvic Leonen is the Barangay Chairman

of San Vicente, Urdaneta City.
STATEMENT OF FACTS

6. Camella and Bria are private residential subdivisions located at Barangay

Anonas, Urdaneta City.

7. Petitioners are associations of residents of the said private subdivisions, and

inhabitants of Barangay Anonas and Barangay San Vicente, respectively. Some
have likewise established their respective business and livelihood therein.

8. On June 27, 2015, without the consultation with the constituents of Barangay
Anonas, Chairman Antonio Carpio issue a Barangay Working Permit Clearance
for the operation of a steel melting factory in the parcel of land owned by Fear of
Mankind along Mc Arthur Highway.

9. On the same date, Marvic Leonen Chairman of Barangay San Vicente, issued a
Working Permit Clearance for the same operation, for the same company and on
the same parcel of land.

10. Despite the proximity of the operation of melting metal nearby residential areas,
the inhabitants were not notified or consulted with respect to such plans.

11. Sometime in August 2015, the operation of the plant increased and the residents
began to notice the existence of such plant in their area.

12. After some months the residents of the said subdivisions noticed that black
smoke usually is emitted from the steel plant. Also, the drainage system of the
plant goes directly in the creek which runs all the way around the subdivision of
Camella and Bria. The blackening of the water is very noticeable and the stench of
the water is very evident.

13. The alarming presence of the plant and its close proximity to nearby residential
areas is very hazardous to the health and safety of petitioners.

14. Due to the urgency of the situation there is a need to protect the petitioners from
the hazardous and ill effects of the same.
WHEREOF, it is respectfully prayed, that:

1. A Writ of Kalikasan be immediately issued.

2. An order be likewise issued after hearing, enjoining respondent corporation

from continuing its operation.

Other reliefs just and equitable are likewise prayed for.

Urdaneta City, April 22, 2018.

Atty. Eduardo Pagunuran Jr.

Counsel for Petitioners
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S.S.

We, Camella Homeowners Association and Bria Homeowaners Association, all

registered associations, after having been duly sworn in accordance with law, depose
and state that:

1. We are the plaintiffs in the above-stated case;

2. We caused the preparation of the foregoing complaint;

3. We have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents and
records in my possession;

4. We have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If we should thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, we undertake to report that fact within five (5) days therefrom to this Honorable
Court.

SUBSCRIBED AND SWORN to before me this 22nd day of April 2018 at

Urdaneta City affiant exhibiting to me his Certificate of Registrations issued on 13 th of
July 2011 at Binalonan, Pangasinan.

Doc. No. ;
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Series of 200_.