RALLY IN RED: WITH THE PEOPLE ON THE NEVADA CASE ISSUE
Photos courtesy of Myke R. Magalang
DECEMBER 18, 2013: The Sangguniang Bayan of Boac, in solidarity with the people of Marinduque, joined the mobilization in front of the provincial capitol to request the sangguniang panlalawigan to re-negotiate the terms and conditions of the settlement agreement offered by Barrick Gold to ensure the welfare of the environment and the people of Marinduque. Below is the Resolution expressing the position of the Sangguniang Bayan of Boac which was read during the rally and later on personally delivered by the Boac Councilors at the Office of the Sangguniang Panlalawigan and the Office of the Governor:
====0O0====
EXCERPT FROM THE MINUTES OF THE TWENTIETH REGULAR SESSION OF THE EIGHTH (8TH) SANGGUNIANG BAYAN OF THE MUNICIPALITY OF BOAC, PROVINCE OF MARINDUQUE HELD AT THE SANGGUNIANG BAYAN SESSION HALL, 2F NEW MUNICIPAL GOVERNMENT BUILDING ON DECEMBER 18, 2013, 8:15 A.M.
RESOLUTION NO. 2013-100
RESOLUTION EARNESTLY REQUESTING THE SANGGUNIANG PANLALAWIGAN OF MARINDUQUE TO RE-NEGOTIATE THE TERMS AND CONDITIONS OF THE PROPOSED NEVADA CASE SETTLEMENT AGREEMENT OFFERED BY BARRICK GOLD IN RELATION TO CASE NO. CV-S-05-1299-BES-RJJ PER THIRD AMENDED COMPLAINT LODGED AT THE UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA, UNITED STATES OF AMERICA AND ENSURE THAT SAID TERMS AND CONDITIONS ARE ADVANTAGEOUS TO THE PROVINCE AND THE PRESENT AND FUTURE GENERATIONS OF MARINDUQUEÑOS
WHEREAS, the devastation of the coastal, rivers, forests and other major ecosystems of Marinduque wrought by almost thirty years of mining operations by Marcopper Mining Corporation, a corporate partner or subsidiary of Placer Dome, Inc. (which later on amalgamated by Barrick Gold Corporation), and the continuing threats to livelihoods, health and safety of the people because of the highly silted river systems and the abandoned mine pits and dams are primary concerns of the local government units of the province and the people of Marinduque as they jeopardize, endanger and make vulnerable the women, children, families and communities of the present and future generations of Marinduqueños;
WHEREAS, in the hope of obtaining justice for the people and environment of Marinduque, the people and civil society organizations supported the provincial government’s filing of a case in the United States of America which, based on the Plaintiff’s Third Amended Complaint filed on June 29, 2006, was docketed as Provincial Government of Marinduque versus Placer Dome Inc, and Barick Gold Corporation in Case No. CV-S-05-1299-BES-RJJ (removed from District Court, Clark County, Nevada Case No. A511078);
WHEREAS, the case prayed for various reliefs which the Third Amended Complaint articulated as follows:
“a. An order of the Court awarding damages for injuries to the natural, ecological, and wildlife resources within the Province and to compensate for the restoration and/or replacement of the natural, ecological, and wildlife resources within the Province, including, without limitations, the rivers, streams, soils, fish, marine life, biota, and related environs within the Province;
“b. An order of the Court awarding damages for the economic and public health injuries sustained by the Province;
“c. An order of the Court directing Placer and Barrick Gold to undertake and complete (and/or pay for the undertaking and completion of) the remediation, environmental cleanup, and balancing of the ecology of the affected areas, including but not limited to, the Tapian Pit, the San Antonio Pit, Calancan Bay, the Mogpog River system, the Boac River System, downstream coastal areas, and the surrounding areas. This environmental cleanup must include, among other things, ensuring potable water in the region and healthy hunting and fishing grounds, the repair of deteriorating mine structures and the Maguila-Guila Dam, and the renovation and rehabilitation of the Tapian Pit, the San Antonio Pit, and other structures;
“d. An order of the Court directing Placer Dome and Barrick Gold to fund all costs needed to adequately conduct environmental monitoring within the Province;
“e. An order of the Court directing Placer Dome and Barrick to fund all costs needed to adequately conduct medical monitoring within the Province;
“f. An award against Placer Dome and Barrick of pre-judgment and post-judgment interest at the maximum rate permitted by contract, law or equity;
“g. An award against Placer Dome and Barrick of the Province’s costs and reasonable attorney fees; and
“h. Such Other and further relief, either equitable or legal, that the Court deems appropriate.”
“PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL CLAIMS TRIABLE.”
WHEREAS, in the course of litigation, Barrick Gold Corporation consented to enter into a settlement with the Province in relation to the “Nevada Case” above mentioned. However, when the settlement process has reached its penultimate processes, this august Body was informed that there are terms and conditions in the proposed final settlement agreement that are unacceptable and disadvantageous to the Province, its local government units and the people of Marinduque, both the present and future generations;
WHEREAS, the “Nevada Case” anchored on the doctrine of ‘parens patriae’ where the Province, acting as a good Mother to its daughters and sons in Marinduque, sought the intervention of the Court to ensure the welfare, well-being and justice due them;
WHEREFORE, on motion of Hon. Miguel R. Magalang, Chairperson of the Committee on Good Government, Public Ethics and Accountability, unanimously seconded and duly approved, the 8th Sangguniang Bayan in session assembled,
RESOLVED as it is hereby resolved, to earnestly request the Sangguniang Panlalawigan of Marinduque, as the same is hereby earnestly requested, to re-negotiate the terms and conditions of the proposed Nevada Case Settlement agreement offered by Barrick Gold in relation to Case No. CV-S-05-1299-BES-RJJ per Third Amended Complaint lodged at the United States District Court, District of Nevada, United States of America and ensure that said terms and conditions are advantageous to the province and the present and future generations of Marinduqueños.
RESOLVED FURTHER that reliefs prayed for in the Third Amended Complaint should be the basis of the settlement agreement and the same prayers should be treated as non-negotiable terms and conditions on the part of the Province on behalf of the people of Marinduque; and, any amount to be negotiated in relation to the settlement of the Nevada Case and such other cases related to Barrick Gold in various courts in the Philippines, should be commensurate to the reliefs prayed for in the Nevada Case.
RESOLVED FINALLY that duly certified copies of this Resolution be furnished to the Sangguniang Panlalawigan of Marinduque, all Sangguniang Bayan in Marinduque and other concerned organizations, institutions and entities for their information, reference and/or appropriate action.
ADOPTED on December 18, 2013.
VOTED IN FAVOR: Hon. Sonny L. Paglinawan, Hon. Benjamin M. Solomon I, Hon. Luisito S. Laylay, Hon. Aurelio J. Leva III, Hon. Benildo L. Largado, Hon. Rolando M. Larracas Hon. Miguel R. Magalang, Hon. Carlos M. Palomares
VOTED AGAINST: None
ABSTENTION/ABSENT: Hon. Allan H. Nepomuceno (Ex-Officio)
I hereby certify to the correctness of the foregoing Resolution adopted by the Eight Sangguniang Bayan of Boac, Marinduque during its 20th Regular Session held on December 18, 2013 at the Sangguniang Bayan Session Hall, 2F New Municipal Government Building, Boac, Marinduque.
(original signed)
ARNEL S. MACAVINTA
Sangguniang Bayan Secretary
ATTESTED to be
truly enacted:
(original signed)
DANTE J. MARQUEZ
Vice-Mayor & Presiding Officer
CONCURRENCE:
(original signed)
SONNY L. PAGLINAWAN
Sangguniang Bayan Member
(original signed)
BENJAMIN M. SOLOMON I
Sangguniang Bayan Member
(original signed)
LUISITO S. LAYLAY
Sangguniang Bayan Member
(original signed)
AURELIO J. LEVA III
Sangguniang Bayan Member
(original signed)
BENILDO L. LARGADO
Sangguniang Bayan Member
(original signed)
ROLANDO M. LARRACAS
Sangguniang Bayan Member
(original signed)
MIGUEL R. MAGALANG
Sangguniang Bayan Member
(original signed)
CARLOS M. PALOMARES
Sangguniang Bayan Member
(official business)
ALLAN H. NEPOMUCENO
Ex-Officio Member (LIGA)
APPROVED:
(original signed)
ROBERTO M. MADLA, C.E.
Municipal Mayor
====0O0====
EXCERPT FROM THE MINUTES OF THE TWENTIETH REGULAR SESSION OF THE EIGHTH (8TH) SANGGUNIANG BAYAN OF THE MUNICIPALITY OF BOAC, PROVINCE OF MARINDUQUE HELD AT THE SANGGUNIANG BAYAN SESSION HALL, 2F NEW MUNICIPAL GOVERNMENT BUILDING ON DECEMBER 18, 2013, 8:15 A.M.
RESOLUTION NO. 2013-100
RESOLUTION EARNESTLY REQUESTING THE SANGGUNIANG PANLALAWIGAN OF MARINDUQUE TO RE-NEGOTIATE THE TERMS AND CONDITIONS OF THE PROPOSED NEVADA CASE SETTLEMENT AGREEMENT OFFERED BY BARRICK GOLD IN RELATION TO CASE NO. CV-S-05-1299-BES-RJJ PER THIRD AMENDED COMPLAINT LODGED AT THE UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA, UNITED STATES OF AMERICA AND ENSURE THAT SAID TERMS AND CONDITIONS ARE ADVANTAGEOUS TO THE PROVINCE AND THE PRESENT AND FUTURE GENERATIONS OF MARINDUQUEÑOS
WHEREAS, the devastation of the coastal, rivers, forests and other major ecosystems of Marinduque wrought by almost thirty years of mining operations by Marcopper Mining Corporation, a corporate partner or subsidiary of Placer Dome, Inc. (which later on amalgamated by Barrick Gold Corporation), and the continuing threats to livelihoods, health and safety of the people because of the highly silted river systems and the abandoned mine pits and dams are primary concerns of the local government units of the province and the people of Marinduque as they jeopardize, endanger and make vulnerable the women, children, families and communities of the present and future generations of Marinduqueños;
WHEREAS, in the hope of obtaining justice for the people and environment of Marinduque, the people and civil society organizations supported the provincial government’s filing of a case in the United States of America which, based on the Plaintiff’s Third Amended Complaint filed on June 29, 2006, was docketed as Provincial Government of Marinduque versus Placer Dome Inc, and Barick Gold Corporation in Case No. CV-S-05-1299-BES-RJJ (removed from District Court, Clark County, Nevada Case No. A511078);
WHEREAS, the case prayed for various reliefs which the Third Amended Complaint articulated as follows:
“a. An order of the Court awarding damages for injuries to the natural, ecological, and wildlife resources within the Province and to compensate for the restoration and/or replacement of the natural, ecological, and wildlife resources within the Province, including, without limitations, the rivers, streams, soils, fish, marine life, biota, and related environs within the Province;
“b. An order of the Court awarding damages for the economic and public health injuries sustained by the Province;
“c. An order of the Court directing Placer and Barrick Gold to undertake and complete (and/or pay for the undertaking and completion of) the remediation, environmental cleanup, and balancing of the ecology of the affected areas, including but not limited to, the Tapian Pit, the San Antonio Pit, Calancan Bay, the Mogpog River system, the Boac River System, downstream coastal areas, and the surrounding areas. This environmental cleanup must include, among other things, ensuring potable water in the region and healthy hunting and fishing grounds, the repair of deteriorating mine structures and the Maguila-Guila Dam, and the renovation and rehabilitation of the Tapian Pit, the San Antonio Pit, and other structures;
“d. An order of the Court directing Placer Dome and Barrick Gold to fund all costs needed to adequately conduct environmental monitoring within the Province;
“e. An order of the Court directing Placer Dome and Barrick to fund all costs needed to adequately conduct medical monitoring within the Province;
“f. An award against Placer Dome and Barrick of pre-judgment and post-judgment interest at the maximum rate permitted by contract, law or equity;
“g. An award against Placer Dome and Barrick of the Province’s costs and reasonable attorney fees; and
“h. Such Other and further relief, either equitable or legal, that the Court deems appropriate.”
“PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL CLAIMS TRIABLE.”
WHEREAS, in the course of litigation, Barrick Gold Corporation consented to enter into a settlement with the Province in relation to the “Nevada Case” above mentioned. However, when the settlement process has reached its penultimate processes, this august Body was informed that there are terms and conditions in the proposed final settlement agreement that are unacceptable and disadvantageous to the Province, its local government units and the people of Marinduque, both the present and future generations;
WHEREAS, the “Nevada Case” anchored on the doctrine of ‘parens patriae’ where the Province, acting as a good Mother to its daughters and sons in Marinduque, sought the intervention of the Court to ensure the welfare, well-being and justice due them;
WHEREFORE, on motion of Hon. Miguel R. Magalang, Chairperson of the Committee on Good Government, Public Ethics and Accountability, unanimously seconded and duly approved, the 8th Sangguniang Bayan in session assembled,
RESOLVED as it is hereby resolved, to earnestly request the Sangguniang Panlalawigan of Marinduque, as the same is hereby earnestly requested, to re-negotiate the terms and conditions of the proposed Nevada Case Settlement agreement offered by Barrick Gold in relation to Case No. CV-S-05-1299-BES-RJJ per Third Amended Complaint lodged at the United States District Court, District of Nevada, United States of America and ensure that said terms and conditions are advantageous to the province and the present and future generations of Marinduqueños.
RESOLVED FURTHER that reliefs prayed for in the Third Amended Complaint should be the basis of the settlement agreement and the same prayers should be treated as non-negotiable terms and conditions on the part of the Province on behalf of the people of Marinduque; and, any amount to be negotiated in relation to the settlement of the Nevada Case and such other cases related to Barrick Gold in various courts in the Philippines, should be commensurate to the reliefs prayed for in the Nevada Case.
RESOLVED FINALLY that duly certified copies of this Resolution be furnished to the Sangguniang Panlalawigan of Marinduque, all Sangguniang Bayan in Marinduque and other concerned organizations, institutions and entities for their information, reference and/or appropriate action.
ADOPTED on December 18, 2013.
VOTED IN FAVOR: Hon. Sonny L. Paglinawan, Hon. Benjamin M. Solomon I, Hon. Luisito S. Laylay, Hon. Aurelio J. Leva III, Hon. Benildo L. Largado, Hon. Rolando M. Larracas Hon. Miguel R. Magalang, Hon. Carlos M. Palomares
VOTED AGAINST: None
ABSTENTION/ABSENT: Hon. Allan H. Nepomuceno (Ex-Officio)
I hereby certify to the correctness of the foregoing Resolution adopted by the Eight Sangguniang Bayan of Boac, Marinduque during its 20th Regular Session held on December 18, 2013 at the Sangguniang Bayan Session Hall, 2F New Municipal Government Building, Boac, Marinduque.
(original signed)
ARNEL S. MACAVINTA
Sangguniang Bayan Secretary
ATTESTED to be
truly enacted:
(original signed)
DANTE J. MARQUEZ
Vice-Mayor & Presiding Officer
CONCURRENCE:
(original signed)
SONNY L. PAGLINAWAN
Sangguniang Bayan Member
(original signed)
BENJAMIN M. SOLOMON I
Sangguniang Bayan Member
(original signed)
LUISITO S. LAYLAY
Sangguniang Bayan Member
(original signed)
AURELIO J. LEVA III
Sangguniang Bayan Member
(original signed)
BENILDO L. LARGADO
Sangguniang Bayan Member
(original signed)
ROLANDO M. LARRACAS
Sangguniang Bayan Member
(original signed)
MIGUEL R. MAGALANG
Sangguniang Bayan Member
(original signed)
CARLOS M. PALOMARES
Sangguniang Bayan Member
(official business)
ALLAN H. NEPOMUCENO
Ex-Officio Member (LIGA)
APPROVED:
(original signed)
ROBERTO M. MADLA, C.E.
Municipal Mayor
Photos from the rally:
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| Protesters with placards stating: "THERE IS NO PRICE TAG TO OUR DIGNITY!" "POLITICOS MODERATE UR GREED!" "TUTULAN ANG SETTLEMENT: ANTI-POOR PEOPLE" "KINABUKASAN NG MARINDUQUE AY SIGURUHIN... SA 13 MILLION HUWAG NINYO KAMING HUDASIN !!!" |
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| Municipal Government Resolution is presented to the Vice-Governor and Presiding Officer of the Sangguniang Panlalawigan of Marinduque |
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