THERE were warning signs, such as fissures on the quarry site, but the state agency in charge of protecting natural resources ignored or misread these.
So residents and public officials can sue them for damages for their apparent negligence in monitoring the quarry operations in Barangay Tina-an, City of Naga, Cebu.
Although the Mines and Geosciences Bureau (MGB) 7 ruled that cracks in the quarry sites are “not critical and do not pose an imminent danger to the neighboring community,” the evidence now speaks for itself, said retired judge Meinrado Paredes.
“They (officials) can be charged with damages and criminal negligence. They did not take precautionary measures despite the fact that the area is reportedly prone to landslides,” Paredes told SunStar Cebu.
In his memo to Mayor Kristine Vanessa Chiong, Atty. Gerardo Mahusay, MGB 7 Finance and Administrative Division chief, said the cracks within the quarry site operated by Apo Land and Quarry Corp. are part of a “natural phenomenon” and “they are not related to the mining operation.”
“Further, the present nature, the number and the distribution of cracks/fissures in the subject site are not considered critical and do not pose the imminent danger to the neighboring community,” he said in the memo, dated Aug. 29, 2018.
Mahusay issued the memo after assessing the cracks based on the “technical report.”
Mayor Chiong said the MGB 7 could have committed negligence for clearing the Apo quarry despite the cracks found in some parts of Sitio Tagaytay.
More than two hectares of Sitio Tagaytay collapsed, which resulted in a landslide that buried the neighboring sitio of Sindulan.
Paredes said the state agency officials were complacent about the danger posed by the cracks. Last Thursday’s tragedy proved the MGB 7’s report wrong.
Paredes said the Office of the Ombudsman can also investigate the public officials “on its own” to determine their liability.
Retired deputy ombudsman Pelagio Apostol, for his part, said the officials concerned may be held liable for gross and inexcusable negligence.
“The officials could be held criminally and administratively liable for their failure to warn the people of the incoming danger and to protect the natural resources,” said Apostol.
The media can also request the ombudsman to conduct a fact-finding investigation to determine the liability of the concerned officials, he said.
Environmental lawyer Gloria Estenzo-Ramos, former coordinator of the Philippine Earth Justice Center Inc., said that Cebu ranks eighth among the 10 landslide-prone provinces in the country.
“The local government units and Cebu Province must look into it: Why are mining, quarrying and other related activities still ongoing?” asked Ramos.
“This (tragedy) should serve as a lesson to us that we should engage in pressuring public officials to ensure compliance with our environmental laws,” she said.
Meanwhile, Cebu City South District Rep. Rodrigo Abellanosa said the Sindulan landslide will be included in the investigation that the House committee on natural resources will conduct. Abellanosa is the committee chairman.
The committee had planned to investigate, in the aid of legislation, the landslide in Itogon, Benguet last week in the aftermath of typhoon Ompong.
“It’s really unfortunate that before my committee is able to conduct an investigation on the Benguet incident, this Naga tragedy happened. Congressman (Gerald Anthony) Samsam Gullas (Cebu, 1st district) has already coordinated with me on the inclusion of the Naga (incident),” he said.
Abellanosa said he hopes to meet House Speaker Gloria Macapagal-Arroyo on Monday to discuss the two disasters.
Even before last Thursday’s landslide in Naga, Abellanosa already ordered a review of all pending and existing legislation concerning the impact of the mining industry on the environment.
Abellanosa said his directive is also in response to the statement of President Rodrigo Duterte to repeal the Philippine Mining Act.
He said there are plenty of pending legislation that seek to either amend or repeal Republic Act 7942.