Court of Appeals defers issuance of Tepo

THE Court of Appeals (CA) in Cagayan de Oro City has deferred the issuance of a temporary environmental protection order (Tepo) earlier filed by environmental group Bangon Kagay-an Inc. (BK) against the City Government and other agencies pending the meeting of both parties.

During last Friday’s hearing, Associate Justice Renato Francisco of the recommended to both parties that they need to have “a mediation in the hope that there is a solution to the problem.”

Francisco said everybody is for ecological balance hence the need for both parties to talk and cooperate with each other in protecting the environment.

Lawyer Evangeline Carrasco, legal counsel of BK, said the mediation was reset on March 11 at the CA.

Bangon Kagay-an earlier filed for Tepo against the City Government, the Mines and Geosciences Bureau (MGB), Department of Environment and Natural Resources (DENR) and five mining companies -- Philippine Long Sangda Mining Corp., KF Net Corp, Yellow Stone Minerals and Development Corp., South Ocean Mining Corp. and White Pearls Asia Inc.

However, the respondents opposed to the issuance of Tepo, citing there is no need for this since both the petitioners and the respondents already forged a memorandum of agreement (MOA) for the protection of Iponan River Watershed a day prior to the scheduled hearing at the CA.

But Carrasco said the respondents seemed to have a wrong understanding of the Tepo.

“Where in fact, it will only declare Iponan River to be protected. Dili ko kasabot sa ilang gisulti nga wala nila pasagdi ang kinaiyahan pero mi-object sila sa Tepo,” she told Sun.Star Cagayan de Oro.

She said the respondents seemed not to understand the Writ of Kalikasan, which objective is only to declare the area environmentally protected.

The CA earlier issued two writs against the City, the City Council, the DENR, MGB and the five mining companies for “continuing environmental destruction in the hinterland barangays of Cagayan de Oro.”

The Writ of Kalikasan was signed by Associate Justices Renato Francisco, Oscar V. Badelles and Henri Jean Paul B. Inting and was issued after finding the petition filed by BK sufficient in form and substance.

The CA also issued a Writ of Continuing Mandamus against the same respondents.