AN ENVIRONMENTALIST and lawyer plans to file consolidated cases against Apo Land and Quarry Corp. (ALQC), its business partner CEMEX and three government offices for the deadly landslide that struck Barangay Tina-an, City of Naga last Sept. 20.
Atty. Benjamin Cabrido said their damage suit will also include the Mines and Geosciences Bureau, the Department of Environment and Natural Resources (DENR) and the City Government of Naga.
He will be asking for P1 billion in damages, including P500 million for victims’ reparations and another P500 million for the rehabilitation of landslide-affected areas.
As of 6 p.m. Sunday, September 30, the number of landslide fatalities had risen to 77, while only eight people remained missing.
In a separate interview, ALQC spokesperson Chito Maniago said that while they welcome Cabrido’s plan to file damages against them, they clarified that they have been acting in “good faith.”
Cabrido told SunStar Cebu that aside from damages, he plans to ask the court to issue a permanent environmental protection order against mining and quarrying companies that take advantage of precious minerals and stones without regards to the lives of those living near them.
“We question the wisdom and propriety of these agencies issuing mining permits in areas where the danger of landslides could occur,” Cabrido said.
He said that although Cebu’s mountains serve as the first line of protection against typhoons and flooding, their purpose is removed because of constant quarrying and mining.
Cabrido said he already secured the commitment of 60 residents who survived the landslide to file charges against the five offices.
Aside from Cabrido, volunteer lawyers will also help prepare the complaint.
Some residents whose relatives died after the landslide also vowed to file cases against the five offices, should someone assist them.
A man who identified himself as an uncle of Siena Myveil and Eduardo Yopac, two of the victims, said he will help convince Yapac’s parents to pursue the case.
Good Samaritan
“Dili gyud makatarungan ang ilang gibuhat. Tungod sa ilang kahakog, ang akong mga pag-umangkon ug mga paryente nako, wala na. Bisag unsa pang ilang ihapak nga kwarta kanamo, dili mi matonto nila (What they did was wrong. Because of their greed, my relatives are dead. We won’t be fooled by them no matter how much money they give us),” he said.
Siena and Myveil were among the 14 landslide victims who were laid to rest at the City of Naga Public Cemetery in Barangay Naalad yesterday.
Aside from the 14 landslide fatalities, also buried yesterday was Felipe Dejillas, the 76-year-old man who died of a broken heart after most of his relatives died during the landslide.
Separately, Maniago told reporters it was the first time he heard that someone was filing a case against his firm and that of their partner company, CEMEX.
Although he welcomes it, Maniago said they will prove that they have no intention to cause damage to surrounding communities near their operations.
He also assured the local and national governments that their firm is open to any investigation on their involvement in the deadly landslide.
In a text message to Sunstar Cebu, City of Naga Mayor Kristine Vanessa Chiong said she is willing to face the complaint.
“In the meantime, I am focused on what is needed to be done today for Naga,” Chiong added.
MGB 7 information officer Marian Codilla, for her part, refused to comment on the matter.
Cabrido is no stranger to filing landmark suits that concern the protection of the environment and natural resources.
In 2007, Cabrido and two other lawyers sued the Department of Energy (DOE) for issuing a service contract to the Japan Petroleum Exploration Co. Ltd. (Japex). To conduct oil exploration, development and exploitation of resources at the Tañon Strait, which is located between Cebu and Negros Island.
Cabrido and his colleagues argued that the oil exploration was harming the marine wildlife.
In 2015, the Supreme Court ruled to nullify the service contract issued by DOE to Japex, citing violations of the National Integrated Protected Areas System Act of 2002.