Muling nagkaroon ng consultative meeting na ipinatawag ng Committee on Environment and Human Ecology ng Sangguniang Panlalawigan noong February 24, 2014, hinggil sa proposed Settlement Agreement sa pagitan ng provincial government at Barrick Gold Corp. kaugnay sa pinsalang sinapit ng Marinduque sa loob ng halos 30 taong pagmimina. Narito ang Resolusyon na nagpapahayag ng paninindigan ng pamahalaang bayan ng Boac:
EXCERPT FROM THE MINUTES OF THE SEVENTH REGULAR SESSION (2014) 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 FEBRUARY 24, 2014, 9:30 A.M.
MEMBERS PRESENT:
Hon. Dante J. Marquez Vice-Mayor & Presiding Officer
Hon. Sonny L. Paglinawan Sangguniang Bayan Member
Hon. Benjamin M. Solomon I Sangguniang Bayan Member
Hon. Luisito S. Laylay Sangguniang Bayan Member
Hon. Aurelio J. Leva III Sangguniang Bayan Member
Hon. Rolando M. Larracas Sangguniang Bayan Member
Hon. Miguel R. Magalang Sangguniang Bayan Member
Hon. Carlos M. Palomares Sangguniang Bayan Member
Hon. Bernadine E. Opis-Mercado Ex-Officio Member (Liga)
MEMBER/S ABSENT
Hon. Benildo L. Largado (On Leave) Sangguniang Bayan Member
RESOLUTION NO. 2014-023
RESOLUTION AMPLIFYING THE OFFICIAL POSITION OF THE EIGHTH SANGGUNIANG BAYAN OF BOAC IN RELATION TO THE PROPOSED NEVADA CASE SETTLEMENT AGREEMENT OFFERED BY BARRICK GOLD CORPORATION TO THE PROVINCE OF MARINDUQUE, REITERATING THE RECOMMENDATIONS CONTAINED IN RESOLUTION NO. 2013-100 DATED DECEMBER 18, 2013 AND FOR OTHER RELATED PURPOSES
PRINCIPAL AUTHOR: HON. MIGUEL R. MAGALANG
Chairperson: Committee on Good Government
CO-AUTHORS: Hon. Sonny L. Paglinawan, Hon. Benjamin M. Solomon I, Hon. Luisito S. Laylay, Hon. Aurelio J. Leva III, Hon. Rolando M. Larracas Hon. Carlos M. Palomares, Hon. Bernadine E. Opis-Mercado
WHEREAS, in relation to the invitation of the Sangguniang Panlalawigan Committee on Environmental Protection and Human Ecology for a consultative meeting regarding the proposed settlement agreement between the Provincial Government of Marinduque and Barrick Gold Corporation relative to the environmental case filed in Nevada, U.S.A., the 8th Sangguniang Bayan of Boac deemed it urgently important to amplify its official position in accordance with the principles of environmental justice, intergenerational equity and sustainable development;
WHEREAS, this august Body has adopted Resolution No. 2013-100 dated December 18, 2013 (See Annex “A”) in relation to its position on the proposed settlement agreement, which said resolution was duly received by the Sangguniang Panlalawigan on even date at 10:29 A.M.; and the same Resolution has earned the esteemed support of the Sangguniang Bayan of Buenavista via Resolution No. 05-2014 dated January 20, 2014 (See Annex “B”), and the Sangguniang Bayan of Gasan through Resolution No. 2014-031 dated January 20, 2014 (See Annex “C”);
WHEREAS, based on official public records, the Sangguniang Bayan of Boac got hold of a copy of the proposed Appendix “A” of the proposed settlement agreement entitled “STATEMENT OF STIPULATED FACTS” (See Annex “D”);
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 amplify the official position of the Eighth Sangguniang Bayan of Boac in relation to the proposed Nevada Case settlement agreement offered by Barrick Gold Corporation to the Province of Marinduque, as follows:
(1) We hereby hold unacceptable or unconscionable any and all of the proposed stipulated facts of the settlement agreement contained in Annex “D” hereof and we strongly recommend to the Sangguniang Panlalawigan to reject the same in its entirety because they are disadvantageous to the provincial government, the people of both the present and future generations of Marinduqueños; they run counter to the principle of environmental justice and intergenerational equity. Aside from these, it will set a bad precedence to all future mining companies in the country, which, after devastating any parts of the environment will just come into settlement and go scot-free.
(2) We also hereby reiterate our recommendations contained in our previous Resolution, herein attached as Annex “A” which stated “that reliefs prayed for in the Third Amended Complaint should be the basis of the amount of (sic) 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.
(3) We also earnestly call on the Sangguniang Panlalawigan of Marinduque to conduct genuine, participatory, free and informed consultative processes among stakeholders to consider their interests, views and stances based on the various terms and conditions of the proposed settlement agreement in accordance with Barrick’s Defendants’ Mediation Statement on February 22-24, 2012 to the Judicial Arbitration and Mediation Services (pages 12-13) which stated that:
“Further, and with a view to enhancing the goal of finality, Barrick believes that the interests and potential role of the following parties in any potential settlement need to be considered:
(i) The Philippine National Government;
(ii) The local governments (municipalities and “baranguays”);
(iii) The Church or any specific Church organizations;
(iv) The Marinduque Council for Environmental Concerns (MACEC), which Barrick understands to be an NGO operating in Marinduque and involved in the Kalikasan proceedings through one of the petitioner in that case; and
(v) Members of the opposition at the provincial and/or National government levels.”
(4) We also call on the Department of Environment and Natural Resources and other concerned national government agencies to take into consideration this official position of this august Body in relation to the Nevada Case proposed settlement agreement and to uphold the principles of environmental justice the constitutional tenet on balanced ecology, public interest, the general welfare, and intergenerational equity, among others.
RESOLVED FURTHER that the above-mentioned position of the Sangguniang Bayan of Boac is hereby respectfully submitted to the Sangguniang Panlalawigan of Marinduque’s Committee on Environmental Protection and Human Ecology, and requesting thereof to strongly consider the same in the finalization of recommendations relative to the proposed settlement agreement.
RESOLVED FINALLY that duly certified copies of this Resolution be furnished to the Sangguniang Panlalawigan of Marinduque, all Sangguniang Bayan in Marinduque, the Department of Environment and Natural Resources, the Office of the Presidential Adviser on the Environment, the Mining Industry Coordinating Council – Office of the President, The Regional Development Council of Mimaropa, the Catholic Bishops Conference of the Philippines, the Foundation for Philippine Environment, all Sangguniang Barangays of Boac and other concerned organizations, institutions and entities for their information, reference and/or appropriate action.
ADOPTED on February 24, 2014.
I hereby certify to the correctness of the foregoing Resolution adopted by the Eight Sangguniang Bayan of Boac, Marinduque during its 7th Regular Session (2014) held on February 24, 2014 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. PAGINAWAN
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
(on leave)
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
(original signed)
BERNADINE E. OPIS-MERCADO
Ex-Officio Member (LIGA)
APPROVED:
(original signed)
ROBERTO M. MADLA, C.E.
Municipal Mayor
