Anti-mining group questions RTC decision of mining case at Supreme Court

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Mining operation of ANTONES Enterprises, GLOBAL Summit Mines Development Corporation and TR Ore in Matnog, Sorsogon. PHOTO BY CHRISTINE AZUL-ESPENILLA
Mining operation of ANTONES Enterprises, GLOBAL Summit Mines Development Corporation and TR Ore in Matnog, Sorsogon. PHOTO BY CHRISTINE AZUL-ESPENILLA

By Felix ‘Boy’ Espineda, Jr.

SORSOGON CITY (BicolToday.com/14 Nov. 2011)- The Alyansa Laban sa Mina sa Matnog together with the chairperson of the Bagong Alyansang Makabayan, Sorsogon Chapter and other private individuals filed a petition to the Supreme Court for Review on Certiorari Under Rule 45.

The issues raised by the petitioner was premise that the Regional Trial Court committed reversible error in interpreting the provisions of Section 3 and 6 and Rule 2, of the rules and procedure for environmental cases; that the Regional Trial Court committed reversible error when it interpreted the provisions of Section 2, Rule 8 of the Rules of Procedures for environmental cases as applicable in the complaint in civil case no. 2011-8338 for purpose of determining jurisdiction, and that the Regional Trial Court committed reversible error when it interpreted the law on exhaustion of administrative remedy/doctrine of primary jurisdiction to be applicable in the complaint in civil case no. 2011-8338.

The discussions covered by the petition includes the presupposes of a final decree until after a final decision is rendered, the failure to attached affidavit in the question and answer form, the sending of copies of the complaint to appropriate government entities and the non-exhaustion of administrative remedies were presented using the applicable rules and procedures in handling environmental cases.

Taking the tasked for the petitioners are Attorney’s Joven Laura and Madonna Gay Escio of the National Union of People’s Lawyer. The petition was filed at the Supreme Court within the prescribed period. BicolToday.com

Copyright 2011 BicolToday.com. All rights reserved.  Read BicolToday.com Syndication Policy.

1 COMMENT

  1. Thank you very much Felix ‘Boy’ Espineda, Jr of BicolToday.com for the above article.

    For a very critical environment issue, It’s pretty lamentable that Sorsogon Governor (first it was Sally Lee followed by her husband at present) with concurrence of Provincial Board Members (except for SPM Vladimir Frivaldo) were seemingly naïve as to be blinded by economic promise the (matnog) mine brings at the expense of environment degradation.

    The letter of 12 May 2010 (MESD 2010-83) by Bicol’s MGB Regional Director San Juan to then Sorsogon Governor Sally Lee, requesting suspension of Ocampo’s mining operation “until issues are settled satisfactorily” detailed lies and violations of this provincial government-sponsored iron ore project.

    The foregoing letter while it may delight no-to-mining-in-advocates can be also surmised as San Juan’s utter negligence in his job as MGB’s regional director in Bicol. It takes a Fr. Jerus (Parish Priest of Matnog’s Holy Infant Parish) to expose those violations which could have been known or prevented in the first place by San Juan considering that the government agency he represented has the supervisory powers of all mine operations in the region?

    On the statement by Ocampo’s mine engineers Rabara and Alcuasin that they start they started their actual mine operation only on 15 April 2010. A video taken by MEAO’s Antonio Garais on 4 April 2010 showed excavated rocks seen beside a back-hoe scarred hillside. Also, it gave the impression that road construction started in February 2010, side-by-side with excavation of mineralized rocks.

    We hope the honorable judge renders favorable decision in support to Atty. Laura’s contentions that this Iron Ore Project was done in haste… and if i may add, in bad faith too!

    We appeal to environment advocates and readers of BicolToday.com, to please support ALMMA and its supporting organizations. The world has not run out of desert or barren places where it can obtained needed minerals…please spare Matnog from greed!

    (MEAO=Matnog Environment Advocates Organization)

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