|
Sunday, November 20, 2005
Gov't poised to file raps vs mining firm
By Ben O. Tesiorna
DAVAO CITY -- The National Government is poised to file criminal charges against the JB Management and Mining Corporation (JBMMC) for allegedly using explosives in their mining operation in Diwalwal.
Mindanao Affairs Secretary Jesus Dureza said Justice Secretary Raul Gonzales already advised the investigating team to submit their evidences to the Department of Justice so proper charges would be filed against the mining firm.
Based on the recommendation of the probe team, JBMMC could be held liable for "imprudence and negligence under Article 365 of the Revised Penal Code" and for violation of PD 1866 as amended by RA 8294 (Law on Firearms, Ammunition and Explosives).
Gonzales attended Friday's meeting of the Task Force Diwalwal where the post blast investigation report on the Diwalwal cave in last October 26 was revealed.
The report submitted by Police Regional Director Antonio Billones showed that the cave in was caused by explosives.
A witness testified that there were two to three explosions before the 900 meter portion of Sunshine tunnel's Destino 52 caved in.
Positive for cyclonite
Laboratory results also showed positive results for cyclonite also known as RDX for Royal Demolition eXplosive. RDX is a very powerful military explosive that can be stored for long periods of time and handled safely.
RDX is usually mixed with other explosives and plasticizers to make a variety of useful compositions for military and civilian use, C-4 and Semtex are two such compounds.
Aside from RDX, laboratory tests on samples taken inside the tunnel were also positive for nitrates as well as potassium nitrate, carbon, and sulfur explosive ingredients.
Autopsy on the cadavers of miners, who died inside the tunnel, also showed that the cause of death was asphyxia due to massive inhalation of explosive fumes.
Appeal for compassion
In a telephone interview Saturday, JBMMC vice president Reynaldo Española appealed to the government to help thousands of Diwalwal miners that are affected by the incident.
Española said their operation will surely be affected by the recent turn of events but added that they are willing to face whatever charges the government may file against them.
"Everybody is innocent until proven guilty," Española said.
"We are only asking for compassion for our people who needed the necessary livelihood. We will try to make it safe as possible this time. Tulungan sana kami ng gobyerno dito," he added.
Española said around 8,000 families will be directly affected if ever government decides to shut down their operation.
No closure of tunnels
Environment Secretary Michael Defensor earlier ordered Mines and Geosciences Bureau 11 director Ed Arreza to close all tunnels in Diwalwal.
But after a closed door meeting with several high-ranking officials of the government at the Marco Polo Hotel Friday, Defensor backtracked and said their will no longer be closure of tunnels.
He said what they will do is implement a strict monitoring on all the entry and exit points of the mine tunnels in Diwalwal so as to prevent the entry of explosives inside the tunnels.
Defensor said at least one Army soldier and one policeman will be assigned at each of the 12 portals in Diwalwal. He said the monitoring will be round the clock.
Mt. Diwata barangay chief Franco Tito earlier warned of possible outbreak of violence in Diwalwal if the government orders for the closure of all tunnels.
Tito admitted though that they will be forced to submit to whatever the government may decide. He just requested the government to ensure that small miners would not be displaced and left without any means of livelihood.
Defensor assured the miners though that they are giving small miners the top priority on whatever decision they would arrive at.
He said government just wanted to make sure that explosives and mercury will not be used in the mining operation.
Big 3 must go
The government is planning to evict the three big mining corporations presently operating in Diwalwal.
The Big 3 are identified as the JBMMC, Blucor and Helica.
Defensor said this is because the Big 3 actually don't belong to the small miners category.
By next year, Defensor said the National Government will handle the entire mining operation in Diwalwal. He assured small miners that the government will take care of them.
It was learned that the service contract between the government and the small miners had long lapsed. Defensor said the present mining operation in Diwalwal is considered as illegal.
A miner, who requested anonymity, however questioned the plan of the National Government to take over the entire Diwalwal mining operation.
The miner said it has been proven time and again that business enterprises taken over by the government always went bankrupt after some time.
"Ano ba ang government-owned and controlled corporation (GOCC) sa Pilipinas na kumikita," the miner said.
Small miners in Diwalwal had long feared the possible entry of multi-national mining corporation in Diwalwal with the help of the national government.
Proof of this, they said, is the plan of the Natural Resources and Mining Development Corporation (NRMDC) to have an initial public offering (IPO) at the Philippine Stocks Exchange.(Sun.Star Davao/Sunnex)
(November 20, 2005 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
|
|
[return to top]
[home]
|
|
