Group optimistic illegal mining, logging will soon end

OPTIMISM greeted the decision of the Special 22nd Division of the Court of Appeals (CA) in Cagayan de Oro City after it favored the stoppage of illegal mining activities and cutting of trees in Barangay Iponan.

The CA also ordered government agencies involved in protecting the environment to implement arrest and seizure of properties owned by individuals who are operating within the said village, Orlando Ravanera of Sulog said Thursday.

But Ravanera was disappointed with the cold treatment of the government agencies involved in the implementation of CA's order, especially on the Memorandum of Agreement (MOA) signed by the civil society groups, law enforcement and the Department of Environment and Natural Resources (DENR) in February 2013.

The MOA was the basis of the CA ordering protection of Iponan River and its watersheds from any illegal activities that could result in destruction of the environment.

“The MOA serves as the covenant in helping, maintaining and implementing all the terms, conditions, responsibilities and guide in the protection of the Iponan River and its watershed; That in so far as the liabilities of the private-respondents (referring to the government offices) are concerned, the violating and destroying the ecology and the environment that its companies have against the environment, in particular, the Iponan River and its watersheds, the same will be addressed separately in another forum,” the agreement read.

The CA has judicially examined the premises, purposes and mechanics of the compromise agreement, more particularly the MOA attached in the complaint, and found both amenable following the objectives and visions of the parties to protect the ecological balance and the environment of the Iponan River.

“I called all parties (for a meeting) last week to plan on the implementation of the order, but they seem uncooperative,” Ravanera said.

He even warned that all government law enforcement agencies that signed the agreement will be reported to the CA for contempt.

The signatories include the Philippine Army’s 4th Infantry Division, Philippine National Police, National Bureau of Investigation, Bureau of Immigration, Environmental Management Bureau, Mines and Geosciences Bureau of the Department of Environment and Natural Resources (DENR), Bangon Kagay-an, and Save CDO Movement, among others.

Ravanera said they were supposed to meet last week to lay down the parameters but it didn't prosper, thus moved the meeting to another date.

“Sulog is demanding for action. If they (government agencies) will not act, they will be reported for contempt,” he reiterated his warning.

Ravanera urged all parties to cooperate to end the destruction of the environment.

The government agencies involved are ordered to report to the CA quarterly to update the latter on the development of the implementation of the order starting April 2014.

Last year, a team composed of the bureaus under DENR, the CSOs, along with the military and police officials raided illegal mining operations in Iponan, resulting in the arrest of Chinese citizens involved.

They found various heavy equipment such as backhoe and barges used for the large scale mining operations.

The Chinese were charged in court, but they have reportedly posted bail.

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