LAWYERS representing 36 victims of the deadly landslide in the City of Naga are asking the court for the issuance of an environmental protection order (EPO) against all quarrying operations in Cebu.
Lawyer Benjamin Cabrido and his team of volunteer lawyers made the plea as they filed the P4.5 billion damage suit against Apo Land and Quarry Corp. (ALQC), its partner Cemex Philippines, the Mines and Geosciences Bureau (MGB), the City Government of Naga and the Cebu Provincial Government Wednesday, November 7, at the Regional Trial Court in Talisay City.
Cabrido said the EPO aims to finally stop quarrying operations in Cebu as majority of mountain areas in the Province are prone to landslides.
The environmentalist and lawyer admitted that they encountered a snag in their campaign after three of their complainants backed out from the case after receiving threats that the P50,000 humanitarian financial assistance provided by the City Government of Naga would be withheld if they proceeded in filing the complaint.
But City of Naga Mayor Kristine Vanessa Chiong denied they were withholding the financial assistance from those who were joining the environmental suit.
In a press conference yesterday, Cabrido said that aside from the EPO, he and his colleagues are asking the court to issue a temporary environmental protection order and a writ of continuing mandamus to allow the conduct of a carrying capacity study of Cebu’s mineral-rich areas to determine if some areas should have a limit when it comes to mining and quarrying.
He claimed that around 25 percent of the 500,000-hectare land mass of Cebu has now been subjected to mining and quarrying operations.
In the case of ALQC, the MGB has issued eight Mineral Production Sharing Agreements (MPSAs) to them to mine more than 3,000 hectares not just in the City of Naga, but also in San Fernando, Carcar City, Pinamungajan and Toledo City.
Cabrido and his colleagues stated that under the implementing rules and regulations of the Philippine Mining Act of 1995, ALQC, as an MPSA holder, shall conduct its operations in accordance with the safety and environmental regulations, such as managing its operations in a technically and environmentally responsible manner “in order to achieve a safe, non-polluting and self-sustaining post disturbance landform.”
But the recent landslide showed that ALQC has reneged on those agreements, Cabrido said.
He said they sought the application of a TEPO due to “extreme urgency” to prevent ALQC and its partners from conducting further quarry operations and activities while the complaint is being tackled in court, and to protect and preserve whatever is left of the city’s natural environment and to rehabilitate the areas damaged by the landslide.
They are also asking the court to issue a writ of continuing mandamus against MGB and the Cebu Provincial Government so that they can submit, among others, the number of affected households and population of areas with mining tenements, a taxonomy of their flora and fauna that have been affected by their operations and the estimated volume in tons of minerals excavated in the process.
The writ of continuing mandamus will also require MGB and the Cebu Provincial Government to submit at least five nominees that would conduct an in-depth study of the carrying capacity of Cebu.
They also asked the Court for the establishment of a P500-million fund to help rehabilitate the areas mined out by ALQC and its partners.
Cabrido lamented that three of their complainants that initially committed to help their cause backed out after they allegedly received threats from some personalities that they would not receive the City of Naga’s humanitarian financial assistance worth P50,000 if they proceeded with the case.
But in a text message, City of Naga Mayor Chiong denied that they were withholding the financial assistance from those who filed a case against them.
She clarified that she has not signed any checks yet for the release of the financial assistance and they are still processing them for release.
“This (allegation) is not true. This assistance is for all families affected regardless of the filing of any case against the city,” Chiong added.
SunStar Cebu tried to get the side of ALQC corporate communications manager Chito Maniago but he stated they will not comment until they will get a copy of the complaint.
SunStar Cebu also sought the side of the MGB but messages to MGB 7 information officer Marian Codilla remained unanswered as of press time. (JKV)