Republic of the Philippines
Department of Environment and Natural Resources
MINES AND GEOSCIENCES BUREAU
Regional Office No. V
DENR Annex Building, Regional Center Site, Rawis, Legaspi City
Email Address: mgbr5@yahoo.com Website: www.region5.mgb.gov.ph
Telefax No. 052-482-1056 (ORD) | Tel. Nos. (052) 480-10-84 (Geo);
(052) 482-11-566 (Admin/MESD/MMD)
Environmental Case filed against
the Rapu-Rapu Polymetallic Project, et.al.
“We have received today a copy of the amended complaint filed against the
Rapu-Rapu Polymetallic Project by plaintiffs Marino E. Barranda, Jr., Giovanni B.
Guapo, Cecilia A. Calleja, and the Integrated Bar of the Philippines, Albay chapter” Engr.
Theodore Rommel E. Pestaňo, Regional Director, of the Mines and Geosciences Bureau
in Bicol (MGB-V) here said.
“The complaint prays for an Environmental Protection Order with prayer for
Temporary Environmental Protection Order, Writ of Preliminary Attachment, Writ of
Continuing Mandamus and Damages” Director Pestaňo explained.
He said that aside from the RRPP (Rapu-Rapu Polymetallic Project), as a
defendant, other defendants include the Korea Malaysia Philippines Resources, Inc.
(KMP), Young Tae Park, Jason Lim, Soon Bang Ko, Melvin Alonso, Engr. Rogelio E.
Corpuz, Engineer Marc Campos, Engineer Ben Dayao, Young Bong Ha, Mohd Ajib
Anuar, Jung Sik Koh, Lanie Lanuzo, and Maria Eleonor Santiago; Mines and
Geosciences Bureau, Bureau Director Engr. Leo L. Jasareno; Environmental
Management Bureau, Bureau Director Miguel T. Cuna, and Regional director Roberto D.
Sheen; Department of Environment and Natural Resources, Secretary Ramon J.P. Paje
and Regional Executive Director Gilbert C. Gonzales; and himself.
“The complaint alleges, among others, that the Final Mine Rehabilitation
Decommissioning Plan or the FMRDP, which is required to be submitted and approved
by the MGB, remains unapproved since it suffers from several inherent mine closure
defects which will surely impact on the environment and the inhabitants of Rapu-Rapu
and Albay; and the owners of the project are keen on abandoning the project without
properly decommissioning and rehabilitating the Mining site and without complying with
the remaining commitments” Director Pestaňo pointed out.
He said that the complaint is praying for an immediate issuance of TEPO or
Temporary Environmental Protection Order against RRPP because the company has
already ceased mining operation last year and have shown that they will leave the
mining area without rehabilitating it based on the non-implemetation of the FMRD as
required by law and shipment of ores despite the order from the MGB not to ship them
due to their failure to spend the budget allotted for the Social Development and
Management Program.
“The plaintiffs premised their prayer for TEPO to enjoin the RRPP from violating
the Philippine Mining Act of 1995 and its Implementing Rules and Regulations as
amended” he added.
He added that aside from TEPO, the complaint is also praying for an Ex-Parte
Writ of Preliminary Attachment against the property of RRPP to recover a specified
amount of money in damages on a cause of action arising from law and contract against
the parties who are about to depart from the Philippines with intent to defraud the
creditors.
“The plaintiffs wanted to secure, among others, the properties of RRPP to secure
the judgment and for the duration of the case through Ex-Parte Writ of Preliminary
Attachment” he said.
Director Pestaňo also mentioned that the complaint even ask the court to direct
RRPP to submit a new compliant FMRD including the requirement for consultation with
the affected LGUs in Rapu-Rapu.
“The complaint is also directing us, the DENR and the MGB to impose
appropriate penalties against RRPP” Director Pestaňo further said.
Director Pestaňo, however clarified that all the parties involved should wait until
the court finally decide the case “in that way all the parties involved can act accordingly”.
The amended complaint was filed in the Regional Trial Court, Fifth Judicial
Region, Branch 1, Legazpi City. LDV/FORESIGHT Jan-June 2014 Issue