MGB Director Leo Jasareno committed before the Committee on Natural Resources of the House of Representatives, headed by Hon. Francisco T. Matugas (Surigao del Norte), to comply with the Temporary Environmental Protection Order (TEPO) issued by the Regional Trial Court of Cantilan. The commitment was made during the public hearing for Resolution No. 958 sponsored by AKBAYAN Rep. Kaka Bag-ao conducted on August 17, 2011 at Mitra Building, House of Representatives.

Earlier, however, MGB Director Jasareno denied the existence of a TEPO and explained that the previous TEPO issued by the court had already expired 72 hours from its issuance on November 10, 2010. He even admitted that the MGB Regional Office has recently issued an Ore Transport Permit (OTP) to Marcventures Mining and Development Corporation (MMDC) where the latter has already delivered its first shipment of mineral ores outside the country.

MMDC’s legal counsel, Atty. Dennis Perang, acknowledged that the company has presently continued its mining activities within the area as allegedly there was a valid permit issued by the MGB and there was no prohibition on the corporation to discontinue its activities.

Such explanation from the MGB and the MMDC immediately prompted Rep. Kaka Bag-ao to read the Order issued by the RTC of Cantilan on May 26, 2011 where it states, “The TEPO issued by this court is declared as still subsisting and effective until there is an order lifting, revoking or dissolving it”. Rep. Bag-ao asked the MGB, “How else would you interpret such clear order from the court?” and then handed a copy of the said Order to MGB Director Jasareno.

MGB Director Jasareno later said that he was unaware of the existence of the TEPO Order issued by the court. When asked if he would follow the TEPO Order issued by the RTC of Cantilan, MGB Director Jasareno replied that he will not only follow but “will immediately obey the order of the court”.

Meanwhile, Rep. Bag-ao asked MGB Director Jasareno what will the MGB do to ensure the compliance of the said TEPO Order considering that the MMDC has openly admitted before the committee that its mining activities continued despite the TEPO Order, MGB Director Jasareno said that he will immediately issue an order to the MGB Regional Office in CARAGA to stop any mining activity within the watersheds of Surigao del Sur. Rep. Bag-ao asked the MGB to furnish the committee members a copy of the said issuance.

Also present during the committee hearing were Rep. Philip Pichay, Rep. Lorenzo Tañada III, Rep. Luzviminda Ilagan, Rep. Emergencia de Jesus, Rep. Rodel Ratocabe, Rep. Ramorate, Rep. Joey Aquino, Rep. Carlos Padilla, Rep. Rudolfo Valencia, Rep. Joseph Violago, Atty. Marlon Manuel of Alternative Law Groups (ALG), Atty. Jan Perry Eugenio (BALAOD Mindanaw) and Vicente Cirilo Iriberri (Baywatch Foundation).

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Contact Person: Jan Perry B. Eugenio, BALAOD Mindanaw
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