Farmers, fisherfolks file petition for Envi Protection Order against mining in MacArthur Leyte

Said ‘water is life, and must be saved at all costs’

MacArthur, Leyte—Farmers and fisher folks in Leyte went to court and filed an application for Temporary Environmental Protection Order (EPO) to stop mining operation of Nicua Corporation inprime agricultural lands of Villa Imelda and adjacent barangays in MacArthur Leyte.

The plaintiffs led by Jesus Cabias, president of Unahin Lagi Natin ang Diyos – Bito Lake Fisherfolks Association (UNLAD-BLFA) and supported by Environmental Legal Assistance Center (ELAC), assert their right to a healthy and safe environment against the destructive effects of mining in their farmlands and lake.

“Water is life and must be saved as all costs. Allowing mining to continue here will affect not only our primary source of water and livelihood but also the future generations,” said Cabias.

Two weeks ago, Bureau of Fisheries and Aquatic Resources (BFAR) reported that contamination from oil and grease from the mining operations is one of the causes of the massive fish kill in Lake Bito.

Fr. Edu Gariguez, executive secretary of the Catholic Bishops Conference of the Philippines – National Secretariat for Social Action, Justice and Peace (CBCP-NASSA) added, “Together with the Archdiocese of Palo and Alyansa Tigil Mina, we visited this area and found that the impacts of mining there are terrible and devastating. We call on the national offices to act on this, at the same time we hope that the Regional Trial Court can immediately hear our petition and issue a temporary environmental protection order to stop Nicua mining corporation from operating in the area.”

Cabias added, “Our problem is that the mining operation is encroaching in prime agricultural lands—we are talking about irrigated lands that were not even legally converted for otherPurposes. Their activities threaten our food security, right to clean water, and livelihood.”

The 30-page petition has been filed this morning at the Regional Trial Court (RTC) Branch 10 in Abuyog, Leyte but is yet to be given a case number by the RTC Judge next week.

Meanwhile, ELAC Lawyer Atty. Ronnan Reposadas is positive that an EPO will be issued against the mining company and that should be implemented immediately. He said, “We have a clear case here—the mining company is situated and directly affecting the agricultural lands and waters, and is a threat to the Bito watershed—and therefore impedes the right to a healthy environment of the communities.”

Environmental Protection Order or Temporary Environmental Protection Order (EPO/TEPO) are injunction orders under the new Environmental Rules of Court that directs or enjoins “any person or government agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the environment.” This gives immediate relief on environmental issues.

“We do not understand why this company was even allowed to mine here—they are converting prime agricultural lands into mine sites that will render the lands useless afterwards,” concluded Garganera.

Alyansa Tigil Mina (ATM) is an alliance of mining-affected communities and their support groups of NGOs/POs and other civil society organizations who are opposing the aggressive promotion of large-scale mining in the Philippines. The organization is currently pushing for a moratorium on mining, revocation of Executive Order 270-A, repeal of the Mining Act of 1995 and the passage of the Philippine Mineral Resources Act a.k.a. Alternative Minerals Management Bill.
For more information:

Fr. Edu Gariguez, CBCP-NASSA – (0922) 834-8248 edugariguez@gmail.com
Jesus Cabias, (UNLAD-BLFA) – (0912) 433-7768
Atty. Ronnan Christian Reposar, ELAC – rcmr80@yahoo.com
Jaybee Garganera, Alyansa Tigil Mina – nc@alyansatigilmina.net

Press Release
June 25, 2012

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