Thursday, February 27, 2014

Reject mining tragedy deal; WHERE'S THE ESCROW?

Solons ask board to reject mining tragedy deal


Sunday, February 23rd, 2014

Two legislators from the province of Marinduque are asking the provincial board to reject a $20-million offer to settle a case involving the country’s worst mining disaster.



In a letter to Vice Gov. Romulo Bacorro  Jr. and members of the provincial board, Representatives Lord Allan Jay Velasco and Lorna Velasco asked the board to reject the offer made by Placerdome Inc. and Barrick Gold Corp. to pay the province $20 million for the damage caused by the discharge of at least 1.5 million cubic meters of tailings from the operations of the now defunct Marcopper mining firm into Boac River in March 1996.

The two legislators said in their letter that the amount was simply too low.

In a statement, they added that a close look at the fine print in a May 1, 2005, agreement on the settlement offer would show that not all of the $20 million would go to the province.

The Marinduque legislators said expenses incurred by the lawyer handling the settlement package, which could reach $7 million, would be deducted from the $20 million.

“It is now 2014, or around 18 years from the date of the mining disaster, and the damaged areas have not yet been fully restored to their condition in 1996,” said the two legislators’ statement.

They said the proposed settlement was “unconscionable and should be voided and canceled.”

Should the settlement be approved, they said, the province cannot expect areas in Boac, Mogpog and other towns in the province to be restored to their former conditions prior to the 1996 disaster. The proposal, they added, “is highly prejudicial to the interests of the people of Marinduque.”

$12-Million (Pesos 480-Million) MISSING!
WHOSE HANDS DIPPED INTO THE ESCROW FUNDS?
THE PEOPLE WANT TO KNOW !!!

Reports earlier said $12 million had been held in escrow for the rehabilitation of Boac River.

But the Mines and Geosciences Bureau (MGB) of the Department of Environment and Natural Resources (DENR) said last year that it was unaware of such funds.

“There is no such fund,” MGB Director Leo Jasareno said in reaction to reports in September last year that resurfaced on the fund purportedly set up in 2001 by Marcopper.

“Insofar as the DENR is concerned, no such fund was ever made available. We have no information on it and the DENR was never a party to it,” he told the Inquirer on the phone in an interview in September last year.

The MGB has formed Task Force Marcopper to devise plans to claim compensation for the damage and rehabilitate Boac River. With a report from DJ Yap INQUIRER

Also read:

Deception perception: Mystery of the missing $ 12-M escrow for cleanup

Missing escrow funds: Senate investigation next?

Barrick's mining disaster settlement bucked

Mining disaster settlement bucked

Published: Monday, Feb. 24, 2014. Written by People's Journal

TWO lawmakers have opposed a $20 million compensation offr being dangled by a mining company in connection with the 1996 Marcopper mine tailings spill, considered the worst mining disastr in the Philippines.

Marinduque Rep. Lord Allan Velasco and AMA party-list Rep. Lorna Velasco said the settlement offered by Placerdome Inc. and Barrick Gold Corporation for the damage caused to the Boac and Mogpog rivers is not enough.

In a letter to Marinduque Vice Governor Romulo Bacorro Jr., the two lawmakers described the compensation package as “inadequate.”

In 1996, plug of the Tapian pit of the Marcopper mine gave way and unleashed approximately 1.5 million cubic meters of tailings. 

Close to two decades after the disaster, the damaged areas have not yet been fully rehabilitated.


In December, members of the Church-based Marinduque Council for Environmental Concerns (MACEC) and Boac town officials trooped to the Capitol to protest the controversial settlement described as 'onerous' and 'adds insult' to the people's environmental woes brought about by years of irresponsible mining.


The compensation offer of $20 million is way below the $100-million claim for damages that the Marinduque government is demanding from Barrick in a 2006 lawsuit.

“The agreement is iniquitous and highly prejudicial to the interests of the people of Marinduque. Per information, it guarantees that the damage to the affected areas in Boac, Mogpog and other towns in the province will not be repaired or remediated and restored to its former condition prior to the 1996 mining disaster,” Velasco said. 

“This will not also address the repair of the Maguila-guila and Makulapnit siltation dams and Taipan pit.  The said dams are in danger of collapse due to its considerably weakened walls and the big volume of water and silt contained therein.  Its collapse will unleash a huge quantity of water and silt to the towns of Boac, Mogpog and possibly other towns in Marinduque which will result in loss of a great number of lives and millions of pesos in damage to homes and properties,” he added.

The AMA partylist lawmaker, on the other hand, said the conditions set forth by Barrick Gold that the settlement proceeds can never be used for the repair and rehabilitation of the damaged ecosystem of the island-province were “onerous and unacceptable.”

She also warned the local government of the province that they could face charges for gross negligence before the Ombudsman if they approve the compensation which is “clearly prejudicial to the interests of the people of Marinduque.”

“The people of Marinduque have already opposed and disapproved the said proposed settlementin a stakeholders meeting in September 2013 and the provincial board should heed the strong and vehement opposition thereto by the sovereign people of Marinduque,” Velasco said.

The two lawmakers also urged the government of Marinduque to void a contract with lawyer Walter Scott Jr., which, if implemented, will leave only $9.5 million to the province out of thecompensation package.

According to the Marinduque congressional representative, the questionable agreement will allow Scott to be paid of his out-of-pocket expenses which the lawyer said was around $7 million, as well as a portion of the recovery -- bringing the total amount due to Scott to $10.5 million.

“Under Philippine laws and jurisprudence, this agreement with Atty. Scott as contingent fees can be considered unconscionable and said agreement should be voided and cancelled by the provincial government of Marinduque,” Velasco said. People's Journal


Wednesday, February 26, 2014

More chilling and scary: Fulfilled and yet-to-come Philippine 'prophesies'




One might have reason to believe having hit the nail on the head when sensing that the Creator must have given amazing insights to those we call prophets, particularly when what they predict suddenly comes to pass. But others might also consider that such people might have grasp of certain scientific knowledge that we ordinary people have no access to, and these are passed on as prophecies for their own specific purpose.

So, it may be said in that sense that either these prophecies are divinely inspired or could be things that are part of that complex, mind-boggling man-made evil stuff known as HAARP induced weather disturbances and seismic instabilities, or they could be some combination of both coming from realms not so divine..


Nonetheless, most of the things one foreign disciple prophesied for the Philippines came to pass within a short period  from the time he claimed they would occur. Local mainstream and social media was abuzz with his predictions... until today. 'Remarkable' some agree, while others don't.


But one particular claim in my view appears to have been prophesied after the fact. As for the rest, there could be signs that these may well be forthcoming taking into consideration what we might have read in the Holy Book, but also including the intriguing possibility that these are actually being triggered by certain forces inducing, helping these things come to pass in our own lifetime.


Jesus Ministries founder Sadhu Sundar Selvaraj, April 2013 at the 24th National Prayer Gathering at Cuneta Astrodome (Also found here on YouTube) declared before a huge crowd of followers:

“...If you will be callous about repentance, a great disaster will come upon this nation. The typhoons and the hurricanes and the sea waves are waiting to come and crush the land.”
On Compostela and Tagum


“There is a place called Mindanao, and below that strait is a place called COMPOSTELA. The Lord said that there is an appointed typhoon to come upon that area. It will surround a place called TAGUM. Then the foundations will be shaken; many people will die. It will be a big lesson and a fear to the rest of the world. A huge number of people will be scattered. You may have to depend on the nations of the world to help you.”

Typhoon Pablo (International codename Typhoon Bopha) hit Mindanao on December 4, 2012, that left 1,067 dead and 844 missing as of December 15, 2012, half of them fishermen. Davao Oriental and Compostela Valley are the most hit provinces, including Tagum City (capital city of Davao del Norte), previously described as typhoon-free. It was then considered the costliest typhoon in Philippine history with damage estimated at Pesos 42.2-billion ($1.04 billion)

If the reports are accurate that the Sadhu prophecy was made in April 2013, then the Compostela-Tagum claim was made four months after the disaster !


But, Typhoon Pablo (Bopha) that hit Compostela and Tagum and other parts of Mindanao was really strange. The following video claims that it was a man-made typhoon that made use of HAARP TTA and chemtrails as evidenced by satellite and radar images:





Stranger still is that according to the U.S. based Weather Underground website, Bopha became a tropical depression unusually close to the Equator, at 3.6°N latitude. Tropical cyclones rarely form so close to the Equator, because they cannot leverage the Earth's rotation to get themselves spinning, it said. 

"Bopha became the 2nd most southerly typhoon ever recorded in the Western Pacific at 06 GMT on November 30, when the storm was at 3.8°N latitude... The previous most southerly typhoon was Typhoon Kate of 14 - 25 October 1970, which reached typhoon intensity at 4.3°N, 137.4°E. Bopha intensified into a Category 5 typhoon on at 7.4°N latitude, becoming the second most southerly Category 5 typhoon on record, next to Typhoon Louise of 1964... there have been only 4 previous typhoons of at least Category 4 strength to track within 200 nautical miles of Mindanao Island, dating back to 1945: Mike ("Ruping" ) in 1990, Ike ("Nitang") in 1984, Kate ("Titang") in 1970, and Louise ("Ining" ) in 1964."

In a news report December 5, 2013, PAG-ASA said their models "do not indicate Typhoon Pablo changing course and heading for Central or Southern Luzon". A longer term forecast from the American Geophysical Union dated December 2, 2013, however, showed the typhoon changing course as illustrated below, that occured on December 8, six days after the forecast.
Bopha forecast. AGU, Dec. 2, 2013

Weather.com reported on December 9, 2013, that "after slamming into the southern Philippines, the typhoon moved out to sea but then veered back toward the country's northwest on Saturday, prompting worries of more devastation".

Another typhoon (Agaton) hit areas in Mindanao including Compostela Valley but it was nothing compared to Typhoon Pablo in intensity and devastation.


On Samar and Leyte
“The Lord has kept in reserve for a mighty typhoon to rise up against 6 lands.”
“God’s anger will come upon the islands of SAMAR and LEYTE. A huge typhoon is planned to come over there. There will be disasters through flood."
Typhoon Yolanda (International codename Typhoon Haiyan), was an exceptionally powerful tropical cyclone that devastated portions of Southeast Asia, particularly the Philippines, in November 8, 2013. It is one of the deadliest Philippine typhoons on record, killing at least 6,241 people in this country alone with 1,785 missing. It is also the strongest storm recorded at landfall, and unofficially the strongest typhoon ever recorded in terms of wind speed. The cyclone caused catastrophic destruction in the Visayas, particularly on Samar and Leyte. According to UN officials, about 11 million people have been affected and many have been left homeless. Total damage to infrastructure and agriculture was placed at Pesos 39.8 billion ($879-million)

Many netizens heard for the first time about weather modification, weather warfare and HAARP when another YouTube channel posted a much-publicized video claiming Typhoon Yolanda/Haiyan was created through the use of 'microwave pulse'.

And what the heck is the following excerpt from a story found here all about? Plain "rumors of war" maybe.

The U.S. military’s Sea-Based X-Band Radar (SBX-1) was ordered to set sail out of its berth in Hawaii on March 23, 2013 on what the United States Department of Defense (DoD) claims to be routine sea trials.  However in light of recent events in the Philippines – typhoon Haiyan – microwave data from the devastated region gives evidence that the SBX-1 was ordered deployed by the U.S. government to the Pacific to complement other U.S. military controlled steerable phased array radar systems (HAARP) in Japan to wage war against the Philippines using HAARP’s weather modification capabilities.  The SBX-1 was deployed for geopolitical purposes. 
On Palawan
“The Lord showed me a place called PALAWAN; a great flood and a great typhoon will come upon Palawan. Many people will die there. A great grievous death is coming to Palawan.”
Certain places in Palawan were hit by Yolanda, but Sadhu did not mean that, did he? One casualty does not make a 'great grievous death'.
3,200 families yet to receive aid in typhoon-hit Palawan municipality, November 18, 2013
As the national government focuses its massive relief efforts in areas in the Visayas hit by Typhoon Yolanda, an island municipality in Palawan province in Southern Luzon seemed to have been overlooked...
This prompted them to make do with what little is available...at least 3,200 families in the municipality were affected by the strongest typhoon recorded in the world this year.
He said although only one person died in Linapacan, 559 houses were partially damaged while 35 were totally destroyed. 


On Floods in Hundreds of Places; Death coming to Mindanao


“There are hundreds of places waiting to be flooded in the Philippines. There are the smell of waters in many places in your land. The Lord says death is coming by waters.”
“Grievous death is going to come to MINDANAO..The Lord is going to pour His bowl of wrath upon these places.”
Normally typhoon-free Mindanao suffers 3rd cyclone in 2013, February 19, 2013
NDRRMC goes on red alert for Tropical Depression Crising. The latest DOST-PAGASA satellite image as of 8:32 a.m., Tuesday, shows Tropical Depression Crising at 310 km east of General Santos City with maximum sustained winds of 45 kph near its center and moving west northwest at 22 kph.
Weather disturbances are usually unheard of in Mindanao, especially at this time of year. But these are no longer ordinary times. Three storms have already hit the country's south in 2013, including Tropical Depression Crising which made landfall over Davao del Sur..
Two of the deadliest storms to strike the Philippines in the last two years,  "Sendong" and "Pablo," barreled through Mindanao and away from the usual typhoon belt of Samar heading north to Luzon. Auring and Bising were the first cyclones to hammer Mindanao this year.. historically, cyclones only hit Mindanao once every 10 years on the average.
So after Pablo, there has been no typhoon as grievous as the one wrought by Yolanda which is felt to this day: 
“There is a smell of waters in many places in your land. Many people will be drowned. Maybe you have faced many times such dangers, but these coming dangers will be great in the eyes of the world.”
“Hundreds and thousands of people will be scattered... many houses will be ravaged...many people will be refugees in their own land.. A very pitiful state will come upon you when you will have to depend on other people to help you.”
Indeed, the international community has responded to the humanitarian crisis brought about by Yolanda.
“Children will die of hunger, of pain and of waters. Many children’s bodies will be thrown in the streets... many areas will become muddy and swampy... many great dangers will surround your nation... The Lord says your rivers will come upon the land.”
On Pangasinan
“The Lord says there is a place called PANGASINAN. The Lord says it is in the northernmost part in your land. From there a grievous disease will spread all over the world. That will consume the flesh of men; all their upper (outer) skin will begin to decay. It will pierce through the bones. The fear of this disease will spread all over the world. The Lord said that this (disease) will begin from the Philippines.”
“This will then spread to CEBU.”
Two 'flesh-eating illness' have been reported in Pangasinan two days ago but have not spread, contrary to the news item below. So this couldn't be it, right? Elsewhere in the world there are reports of flesh-eating illness, too, caused by a certain drug. Hopefully that drug has not made its way yet to Pangasinan or other Philippine places. Meanwhile, the Pangasinan diseases have not been properly diagnosed, it appears.
'Flesh-eating illness' spreading in Pangasinan, Feb 25, 2014
Isang misteryosong sakit ang unti-unting kumakalat ngayon sa Pangasinan. Isang sakit na tila kumakain umano ng balat at laman ng tao. Babala sa mga manonood, sensitibo ang bidyong inyong makikita. Magba-Bandila si Jasmin Romero. Bandila, Pebrero 24, 2014.


:


DOH: No flesh-eating disease in Philippines, February 25, 2014
MANILA, Philippines  - Don't panic, folks. There is no truth to reports that a "mysterious flesh-eating illness" is now spreading in Pangasinan or in any part of the country, the Department of Health (DOH) said Tuesday.
"There is no reported case of 'flesh-eating' skin disease in the country yet. Absolutely no reason for the public to panic," DOH Sec. Enrique Ona said in a statement, allaying fears that may have been caused by previous reports.
Ona made the clarification after two people in Pangasinan who were supposedly afflicted with the "flesh-eating" illness were recently featured in a late-night television news program.
According to the DOH, the first patient, a 21-year-old woman from Sta. Barbara town, is actually on multi-drug therapy for leprosy at a regional health unit.
The second patient, meanwhile, is a resident of Villasis town who actually has a case of severe psoriasis, a chronic skin disease characterized by red patches covered with white scales.


On Diseases in Cebu and Bohol 
“Another new disease will spring forth from Cebu.”
“The Lord said another disease will come from BOHOL. It will be a challenge to your nation. This disease will spread very wildly so that every people will fear. It will spread all over the land, and then it will spread into many nations of the world. When this disease strikes a man, it will cause the man’s body to turn black. Many old people’s bodies will burst. Their bodies will decay and rot. People will be afraid to bury such people. The Lord said that such plagues will come to surround your land.”
That's a scary thing that hopefully would never happen. Such flesh-eating diseases have been reported in other parts of the world,  like one caused by a flesh-eating bacteria and another by a flesh-eating drug.

Yet, after the Bohol earthquake in October 2013, PMA issued a warning:



PMA issues warning vs disease outbreak in Bohol, Cebu, 19 Oct 2013 
THE Philippine Medical Association (PMA) on Saturday expressed concern about the possible outbreak of diseases in Central Visayas, particularly in Cebu and Bohol, the two provinces severely affected by the 7.2-magnitude earthquake on Tuesday.
It was the children of Tacloban CIty (Leyte) that became the subject of mass vaccination for measles and polio in spite of the fact that measles rates have declined in the country, and that there has not been a single case of polio in the Philippines since 1993. Yet the WHO and the Philippine Department of Health (DOH) immediately launched a mass vaccination campaign in Tacloban.

Towards Healthcare Emancipation website questions this move that appears to show real commercial motives: 

In the video below, Heather Papowitz, a senior advisor for UNICEF, states that they are vaccinating children for measles even though they have already been vaccinated, because previous vaccine campaigns were,  ”not enough to protect them, so we need to get them vaccinated as soon as possible.”
Is this a statement to the ineffectiveness of measles vaccines that they need to be vaccinated repeatedly, or that somehow typhoon disasters like this require higher doses of the vaccine? By either reasoning, it allows pharmaceutical companies a larger market for their products.
Regarding their goal to vaccinate 500,000 children with the very dangerous oral polio vaccine, she states, “As far as polio, it was already eradicated in the Philippines, so we just want to make sure it doesn’t come back.”
The DOH said the vaccination campaign will target children in areas hardest hit by Yolanda, starting with the evacuation centers in Tacloban City and receiving centers in Cebu. But there are awful, 'toxic truths' about vaccines.


;
Vaccines: The Toxic Truth


On Floods in Luzon and Cebu


“There’s going to come mighty floods in LUZON and CEBU.”
“It will come as a result of the winds and the waters. All these dangers will come that history has never seen before.”
“All your irrigable lands will be destroyed. At that time you’ll stretch forth your begging hands for food from other nations. Your children are going to die of famine and hunger.”
 'Santi' kills 13, floods Central Luzon provinces,  October 12, 2013
Manila — A typhoon that flooded villages and farms in the Philippines' major rice-growing region Saturday has killed at least 13 people, officials said.
Power outages affected Aurora province, where Typhoon Santi (international name Nari) made landfall late Friday, and five nearby provinces due to downed pylons and emergency shutdowns that were intended to prevent accidents.
This couldn't be the one Sadhu prophesied.
70 Islands to Disappear

“70 islands of your nation are waiting to disappear under water. The waters will rise up against them. The shouts and the cries of the people will be terrible.”
“The waters around the coastal cities will pass the coastal cities and enter into the land. Many people will lose their property; many people will fade away in sunlight and land.”
Climate change perils: Small PHL islands may soon disappear into sea,  Dec 21, 2013
Unless Filipinos pay attention to climate change and the signs of its impending crux, some of the small islands in the Philippines may vanish from the map altogether in the forthcoming years.
Super typhoons, constant flooding, change of weather patterns, and long droughts are just manifestations of climate change, with the Philippines being one of the most vulnerable countries . This is what Dr. Rodel D. Lasco, a member of the United Nations Intergovernmental Panel on Climate Change (IPCC), claimed.
According to a World Bank report, sea level rise within this century will affect a larger percentage of the Philippine coastline compared to that of other developing countries of Asia and the Pacific region.
So, its turning out that there are Climate Change issues involved. Well... maybe just turn this page, too, on Islands and Bible Prophecies here for some respite.


On Earthquakes, Fires, and Volcanic Eruptions.

“Earthquakes will come in your land... Volcanoes will erupt in many places.”
“The Lord says many buildings will catch fire. God will set many buildings with fire and shakenings.. there will be cries and troubles in the land... these are all the grievous dangers that God has against your land.”
And why churches? 
Heartbreaking: 10 iconic churches in Bohol, Cebu damaged, October 15, 2013 Manila - Some of the oldest churches in the Philippines fell to the force of a 7.2 magnitude earthquake that shook Bohol, Cebu and other parts of the Visayas and Mindanao on Tuesday morning, October 15. According to Heritage COnservation Society, at least 10 churches were damaged by the quake. 

Earthquakes now also man-made? Oh, really?


New NASA research points to HAARP
(NaturalNews) Recent data released by Dimitar Ouzounov and colleagues from the NASA Goddard Space Flight Center in Maryland highlights some strange atmospheric anomalies over Japan just days before the massive earthquake and tsunami struck on March 11. Seemingly inexplicable and rapid heating of the ionosphere directly above the epicenter reached a maximum only three days prior to the quake, according to satellite observations, suggesting that directed energy emitted from transmitters used in the High Frequency Active Auroral Research Program (HAARP) may have been responsible for inducing the quake..Another explanation for this strange heating -- and one that, upon analysis, seems much more likely -- is that it was an indication that concentrated energy was used to induce the earthquake, and not the other way around. Numerous credible reports and scientific observations reveal that HAARP technology is fully capable of being used as a scalar weapon, meaning it can emit strong electromagnetic pulse bombs that can alter weather or trigger seismic fault lines.
On Great Deceptions, Wicked People, Lightning and Thunder
“Your young people will become captive. The hunters and the captors will increase in your land...Wicked people will walk on the streets in your land. They will kill many people in broad daylight and throw their bodies in the streets... There will even come a dangerous time when people will kill each other for food.”...“God will cause dangers to come through lightnings and thunders... These are all the dangers, disasters that God has planned for this nation.”

Finally, the Bible says:    Psalm 46:
1 God is our refuge and strength, a very present help in trouble. 2 Therefore we will not fear, though the earth should change, though the mountains shake in the heart of the sea; 3 though its waters roar and foam, though the mountains tremble with its tumult. 4 There is a river whose streams make glad the city of God, the holy habitation of the Most High. 5 God is in the midst of the city; it shall not be moved; God will help it when the morning dawns.
6 The nations are in an uproar, the kingdoms totter; he utters his voice, the earth melts. 7 The Lord of hosts is with us; the God of Jacob is our refuge. (Selah) 8 Come, behold the works of the Lord; see what desolations he has brought on the earth. 9 He makes wars cease to the end of the earth; he breaks the bow, and shatters the spear; he burns the shields with fire.
10 "Be still, and know that I am God! I am exalted among the nations, I am exalted in the earth." 11 The Lord of hosts is with us; the God of Jacob is our refuge. 

Saturday, February 22, 2014

'Chilling and scary' Marinduque major disaster, not 'IF' but 'WHEN'

What's left of the Marcopper earth dams. Screen grab from Google earth
"I recently met with a group belonging to the Legal Rights and Natural Resource Center composed of lawyers, engineers, doctors and computer experts who visited sites of the Marcopper disaster in Mogpog and Sta. Cruz. They are representing a new group of complainants from Mogpog seeking redress from Barrick Gold. Their findings are chilling and scary. They predicted that another major disaster with overwhelming destruction from what is left of the mine, is not a matter of 'IF', it is a matter of 'WHEN'. Even a small temblor or a major typhoon may cause the earthen dam to give way. We have been sounding the alarm bell for years. Are we waiting for another Tacloban to happen before our officials could do the right thing and prevent and prepare for a disaster that will surely come...?"
- Ching Jao-Manalo, President's Report VIII, 

 Marinduque International is the executive council that executes and implements common projects of the Marinduque associations in the United States and Canada and the Middle East namely: The Marinduque Association of the Capital Area (MACA); Marinduque Association of Chicago, USA (MACUSA); Marinduque Association of Northern California (MANC); Marinduque Associiation of Southern California (MASC); the Marinduquenos of the Eastern Seaboard of America (MESA); and the Marinduque Cultural Society of Canada (MCSC); Marinduque Association of British Columbia (MABC); Marinduque Society of Texas and the Gulf States (MASTEGS); and Samahang Marinduqueno sa Kanlurang Saudi Arabia (SMKSA).


Something like this...

...to this? Bingham Canyon Mine landslide. Photo: Kennecott Utah


... and this? Photo: Kennecott Utah

Friday, February 21, 2014

Mga anomalya sa settlement ng Barrick Gold alamin! Nakaumang na!


"Ang sekreto ng kalayaan ay nakasalalay sa pagtuturo sa mga tao, subalit ang sekreto ng paniniil naman ay ang pagpapanatiling mangmang sa kanila."
Tila ang mga katagang ito ang batayan ng mga kinauukulan para sa usapin ng Barrick Gold settlement - gawing mangmang ang mamamayang Marinduqueno.


US Lawyer Scott
Simula pa noong unang humarap ang US lawyer na si Skip Scott sa mga stakeholders ng Marinduque noong January 21, 2012,  ay una na niyang sinabi na diumano ay may gag order kuno ang Korte sa Nevada kung saan dinidinig ang kaso ng Provincial Government of Marinduque laban sa Placer Dome at Barrick Gold. 

Ito ang epektibong paraan ng mga mapanglinlang para panatilihing lihim ang mga mahahalagang bagay na may malaking bahagi sa buhay ng mga Marinduqueno. Paraan ito para palaganapin ang takot o banta sa sinumang may ibig malaman na mahahalagang bagay tungkol sa usaping ito.

Ang kasong nabanggit ay para sa pagpapakumpuni at rehabilitasyon ng mga lugar na winasak ng Marcopper sa lalawigan tulad ng Mogpog at Boac River, Calancan Bay at iba pang mga bahagi sa kabundukan at karagatan at paghingi ng danyos. Sinampa sa korte sa USA noong 2005.

Sa loob ng higit sa nakaraang dalawang taon na nabanggit mula ng nakipagpulong ang Amerikanong abogado ay mistulang naging palaisipan sa mga tao ang hinihinging mga kundisyones at pangangailangan ng Barrick Gold kapalit ng maliit na bahagi ng hinihinging kabayaran. 

Walang mga opisyal na dokumento na naipamahagi sa stakeholders na nagsasaad ng ano mang detalye tungkol sa kundisyones at nanatiling tahimik naman sa pangkalahatan ang mga opisyales ng kapitolyo kabilang na ang mga bokal tungkol dito.

Maliban sa panakanakang deklarasyon galing sa ilang bokal na hindi raw katanggap-tanggap ang mga kundisyones ng Barrick Gold ay hindi naman ibinabahagi sa mga tao kung ano ang mga hindi katanggap-tanggap na bagay na ito at puro pahapyaw lamang kapag ito ay tinatalakay nila sa pahayagan o sa ano mang panulat.

Nang papalapit na ang 'deadline' para magdesisyon ang mga mamamayan ng Marinduque, sa gitna ng mga katanungang hindi nasasagot, ay may nailimbag na ulat mula sa Philippine Information Agency Marinduque (PIA Marinduque). Nagsasaad ito ng mga ilang kundisyones na iginigiit diumano ng Barrick Gold. Mga kundisyones na hindi naman pinabulaanan ng mga kinauukulan. Hindi rin maliwanag kung may iba pang kondisyones na hindi naisama sa ulat na ito. Ito ay ang mga sumusunod:

MGA KUNDISYONES NG BARRICK GOLD:

- Anumang settlement money ay hindi maaaring gamitin sa rehabilitasyon at pagpapakumpuni ng nawasak na mga lugar at kapaligiran dala ng pagmimina;

- Dapat pumirma ang Provincial Government sa dokumentong nagsasabing:

- Ang Placer Dome, Inc. ay hindi kailanman nag-operate ng business sa Pilipinas;

- Na ang Marcopper Mining Corporation at Placer Dome, Inc. ay magkaibang kumpanya;

- Na ang mga Korte sa Pilipinas ay walang jurisdiction sa anumang kaso laban sa Placer Dome, Inc. at Barrick Gold;

- Na ang pagtapon ng Marcopper ng lasong basura ng mina (mine waste) sa Calancan Bay ay may permiso mula sa gobyerno;

- Na ang Marcopper ay tumupad sa cease and desist order ayon sa mandato ng Pollution Adjudication Board (PAB) noong Abril 11, 1988;

- Na ang Marcopper ay sumunod sa lahat ng requirements na naaayon sa itinakda ng Office of the President noong Mayo 13, 1988; Na sa pag-uutos na nasabi mula sa Pangulo ay nagsasaad diumano na ang tuloy-tuloy na pagtatapon ng basura ng mina sa Calancan Bay at tuloy-tuloy na pagmimina ang siyang gustong mangyari ng publiko.

- Na ang mga siyentipikong ebidensya ay nagsasabing ang pagtatapon ng basura ng mina sa karagatan ng lalawigan ay hindi makakaperwisyo sa kalusugan at kalikasan;

- Na ang pagtatayo ng Maguila-guila Dam ay naaayon sa lahat ng requirements at permits;

- Na ang naging sanhi ng pagbabaha sa Mogpog noong Disyembre 1993, ay ang Bagyong Monang; Na ang pagkasira ng Maguila-guila Dam ay dala ng pangkalikasang kadahilanan at walang kinalaman sa Marcopper o Placer Dome, Inc.

- Na matapos ang pagbaha ng basura ng mina sa Boac River, ang Placer Dome, Inc. ay boluntaryong nangako sa dating Pangulo Fidel Ramos at tiniyak na ang Marcopper ay may kapasidad na teknikal at pananalapi upang ilagay sa ayos ang pagtagas ng mine waste at bayaran ng karampatang compensation ang mga nabiktima; Na ang mga bagay na ito ay boluntaryong isinagawa ng Placer Dome, Inc. at hindi naaayon sa anumang legal na basehan o responsibilidad;

- Na napaso o lumipas na ang prescription period para sa pagsasampa ng ano mang kaso na may kinalaman sa pagtatapon ng mine waste sa Calancan Bay, pagsabog ng Maguila-guila at ang pagtagas/pagbaha ng mine waste sa Boac River;

- Na ang boluntaryong ipinangako (ng PDI) ay walang legal na basehan at hindi sapilitan at ang pangakong ito ay tinupad ng maayos;

- Na ang konsiderasyon na ibabayad ng Placer Dome, Inc. at Barrick Gold sa lalawigan ay naaayon sa mga kondisyones na makatarungan at tama.  - PIA Marinduque

Rally ng MACEC

"NO!" MULA SA MACEC

Ang Marinduque Council for Environmental Concerns (MACEC), na itinaguyod ng lokal na Simbahang Katoliko, ay nauna nang nagpahayag na dapat tanggihan ang proposed settlement ng Barrick Gold. Ayon sa pahayag ni Elizabeth Manggol, executive director ng MACEC, sa Philippine Daily Inquirer, dapat itong ibasura "hindi lamang dahil napakaliit ng halaga, kundi dahil sa mga ilang kundisyones na nagpapawalang-sala sa kumpanya sa mga pagsira sa kalikasan". 

"Kasama sa mga kundisyones nila ay hindi maaring gamitin ang pondo ng settlement para sa pagpapaayos at pangrehabilitasyon (ng mga nawasak na ilog at mga pangminang instruktura), samantalang iyon ang pinaka-pakay (ng demanda)", ani Manggol. 

Ang MACEC, isang multisectoral group sa ilalim ng Diocese of Boac, ang nanguna sa pagsulong ng $100-milyon demandang inihain ng gobyerno ng Marinduque laban sa Placer Dome at Barrick Gold noong 2005.


Mga opisyal ng Bayan ng Boac

"NO!" MULA SA BAYAN NG BOAC, GASAN at BUENAVISTA

Nagpasa naman ang Pamahalaang Bayan ng Boac ng Resolution No. 2013-100 noong Disyembre 18, 2013 na nagmumungkahing i-renegotiate ang terms at conditions na inilatag ng Barrick Gold, dahilan sa ang mga kundisyones na hinihingi ng Barrick ay hindi katanggap-tanggap at hindi kapakipakinabang sa mga mamamayan ng Marinduque, kasama na ang kasalukuyan at mga susunod pang henerasyon. 

Ipinaliwanag ng Bayan sa Resolusyon na sa pag-asang makakamit ang hustisya para sa mga mamamayan at kalikasan ng Marinduque ay sinuportahan ng mga mamamayan at civil society organizations ang paghain ng kaso sa Estados Unidos

Pangunahin anila rito ang paghiling na iutos ng Korte ang pagbibigay ng danyos sa pagkawasak ng kalikasan at pagsasaayos sa mga lugar na napinsala dala ng pagmimina, kasama na ang mga pagsasaayos ng mga dam structures na naging mapangib na sa mga buhay at ari-arian.

Ang mga Sangguniang Bayan ng Gasan at Buenavista ay nagpasa rin ng kahalintulad sa Resolusyon ng Bayan ng Boac na sumusuporta sa renegotiation ng terms and conditions na inilatag ng Barrick Gold.


Sinusuportahan din ng Mining Watch Canada ang paglaban sa
pang-aabuso ng kumpanya sa iba pang mga lugar sa daigdig.

"NO!" MULA SA MINING WATCH CANADA

Ang Mining Watch Canada naman, sa pamamagitan ni Dr. Catherine Coumans, ay nagpahayag ng pagsuporta sa aksyon ng MACEC at Bayan ng Boac. Pinahayag ni Coumans ang kanyang "paghanga sa integridad, katalinuhan at lakas ng mga Marinduqeno sa pagpapatuloy ng mahabang panahon ng paglaban para sa totoong hustisyang pang-kalikasan at pang-pamayanan"

Binatikos ni Coumans ang Barrick na matapos aniyang maabot ng matagumpay ang paglilitis sa kaso ay lalo namang dinadagdagan ang sugat na dulot ng pagmimina sa Marinduque ngayon - sa pamamagitan ng mga pambatas na kathang isip (legal fictions), pagtanggi sa katotohanan at pagpigil sa mga Marinduqueno na gawin ang dapat nilang gawin - ayusin ang mga dam at linisin ang ecosystems.   


("As always I am so very impressed with the integrity, intelligence and energy that Marinduquenos continue to bring to the very long struggle for real environmental and social justice after the devastations of mining. To finally have a successful court case only to see it end in legal fictions that deny truth and stop Marinduquenos from spending the crumbs Barrick is throwing off the table to do what they really need to do - fix dams and clean up ecosystems - is really adding further injury to the harm already wreaked by mining. " - Catherine Coumans, MiningWatch Canada)

Ayon din kay Coumans, ang hindi pagtanggap ng Barrick sa responsibilidad nito ay nangangahulugan na ang masaklap na papel ng Marinduque bilang poster child na iresponsableng pagmimina, noon at ngayon, ay tiyak na magpapatuloy.


Barrick’s unwillingness to shoulder the responsibility of ensuring that the environment and people of Marinduque are made secure means that the province’s unfortunate role as the poster child for irresponsible mining, past and present, will surely continue.

"NO!" MULA SA KALIKASAN PEOPLE'S NETWORK FOR THE ENVIRONMENT (KPNE)

Nagpahayag naman ang Kalikasan People's Network for the Environment (KPNE) ng pakikiisa sa pakikipaglaban ng mga Marinduqueno. Ayon sa KPNE sinasamantala ng mga corrupt officials sa Marinduque ang pagpapayaman sa kanilang sarili kahit pa ang kapalit nito ay ang pagtalikod sa hustisyang pangkalikasan na hinihingi ng mga mamamayan.

IGINIGIIT PA RIN NG PROVINCIAL GOVERNMENT AT
NAKAUMANG NA SA PAGPIRMA?

Samantala, sa gitna ng mga protesta, batikos at panglilinlang, lumalabas na iginigiit pa rin ng mga kinauukulan ang pagsulong at pag-ayon sa mga kagustuhan ng Barrick Gold na nabanggit na sa itaas. Ayon sa ulat, nakipagpulong kahapon, February 20, 2014, sa Komiteng Pangkalikasan ng Sangguniang Panlalawigan at mga bokal, ang abogadong Amerikano, si Atty. Skip Scott at kasama nito sa Marinduque sa unang pagkakataon si Neric Acosta (Presidential Adviser on Environmental Protection).

Ayon sa case records ng Supreme Court of the State of Nevada kung saan inihain ang kasong ito, mayroong hanggang Marso 10, 2014, (o 60 days mula January 10, 2014), ang dalawang partido para ipaalam sa Korte kung ano na ang status ng settlement. 

Matatandaan na noong December 6, 2011, ay inaprubahan ng Korte ang kahilingan ng dalawang partido na ihinto muna ang kaso para masimulan ang settlement discussions ng magkabilang-panig. 

Base sa case records ang paghinto (stay), ay pinapahaba (extended) tuwing 60 araw. Kapag nagkasundo ang dalawang partido ay ititigil na ang paglilitis sa kaso at wala ng habol ang lalawigan sa ano mang usapin na may kinalaman dito. Kapag walang naging kasunduan ay matutuloy naman ang pagdinig sa kaso hanggang ito ay madesisyunan ng Korte.
Tanong: Magigising na baga ng tuluyan ang mga mamamayang Marinduqueno sa maanomalyang usaping ito?

Updated 2/22/14 9:30 AM.

Sunday, February 16, 2014

Rule of Law embedded in 1987 Constitution Preamble, can't let it go right out the window; Tagumpay ng Bayan



Rule of law, rule of man, 
why do we mix them
all the time?

Rule of Man exists in a society where a person or a group of persons rules arbitrarily. He, she or such a group is not bound by any law and as such, unashamedly propagate the idea that such a person or group is simply outside or above the law. Dictators, based on histories and our own Philippine experience, impose this system. We now know that this may involve suspending an entire Constitution, or coming up with a tainted one, dissolving Congress and assuming absolute power. Curfews, suspension of civil law, civil rights, habeas corpus and the application of military justice to civilians characterize this system.


LAW by Frederick Dielman (1847-1935)


The 1986 People Power Revolution had its beginnings in August 1983 with the assassination of Ninoy Aquino. This peaceful revolution culminated on February 25, 1986, a Filipino revolution against that oppressive Rule of Man in the Marcos era that lasted for about a decade and a half. It was an active, nonviolent resistance against a regime of violence, crony capitalism, corrupt governance and most especially, electoral fraud.

On February 16, 1986 the opposition held a huge rally in Luneta attended by more than a million people. That was the day after the KBL-controlled Batasang Pambansa proclaimed Marcos as the duly elected President in a snap election - an election marked by massive irregularities, violence, terrorism, intimidation, vote-buying and fraud committed by KBL as documented by foreign observers, the opposition and what was then hailed as the free alternative press hated by the power that was.

I was in that Luneta rally, dubbed "Tagumpay ng Bayan", (its anniversary today), in long-sleeved yellow shirt I had also worn in many other Cory rallies. That event marked the announcement by Cory of her civil disobedience campaign. There, the mammoth crowd stood completely hushed to hear what Cory Aquino had in mind that, gazing at her, I couldn't help thinking then that an extremely massive aura must be emanating from the lady's entire being. 

In that magical moment, no one seemed willing to miss a single word she'd utter, the multitude stood still in absolute silence.

Her speech was brief, simply aimed at ending the Marcos rule by calling for a new kind of peaceful revolution through a non-violent, sustained civil disobedience campaign that involved a boycott of institutions and big business companies identified with Marcos and his cronies.
A regular  Sunday concert at the Park at the
Rizal Park Open Air Auditorium

The people dispersed immediately soon after, in a very orderly and peaceful manner. Passing by the park's open air auditorium, there was this Sunday concert going on with hardly anyone watching, being telecast live by MBS-4, the state owned and controlled TV-station. I instinctively cupped my mouth with my hands and let out a booming "Booooo"! I knew exactly would happen next - the people going home from the rally would follow suit, and they in fact did, until a deafening roar completely drowned out the poor singer (a male foreigner dishing out a Filipino song). He stepped right back, cut his ballad, sheepishly grinned and beared it all. 

With Cory's political call to arms still very fresh in their mind, some of the rallyists boldly ran to occupy center stage to face the TV cameras with big smiles as they boldly flashed the L-sign. The telecast was aborted in no time at all.

I was beaming on my way home, a nameless instigator of that spontaneous, early expression of peaceful, non-violent civil disobedience occurring no more than 10 minutes following Cory's decisive call to execute her plan of finally bringing down the rule of man that way.

On February 25, 1986, the People Power Revolution then came to pass. By August, Cory, the new President, created a Constitutional Commission to institute a new one that marked the end of martial rule and to strengthen the new democracy of the Filipino people. She made it clear - her job was, first and foremost, to restore our democratic institutions.

Thus, in contrast to the oppressive rule of man the said Constitution institutionalized the concept of the Rule of Law. The rule of law as a system in which no one, no group of persons, including government or any of its instrumentalities, is above the law. A system of governance based on non-arbitrary, non-whimsical rules as opposed to one based on the power, whim and caprice of a person or group of persons.
"The rule of law (also known as nomocracy) primarily refers to the influence and authority of law within society, especially as a constraint upon behavior, including behavior of government officials."

That sacred Constitution was then ratified on February 2, 1987 in a plebiscite. It allocated governmental powers among the executive, legislative and judicial branches of government with the President exercising executive power, Congress (the Senate and the House of Representatives), exercising legislative power, and the Supreme Court and the lower courts created by law exercising judicial power.



On the drafting of that historic document, one thing was sure. The framers of the 1987 Constitution, drawing lessons from our nation's rich history, its unique culture and from our loss of rights and liberties during those dark years resolved, among others, that the concept and principle of the Rule of Law is firmly embedded, this time, in the Preamble. The Preamble as the introductory part of our Constitution that explains its purpose and underlying philosophy. 

It should not come as a surprise then that the 1987 Constitution is the only Constitution in the world that engraved in marble the rule of law in its preamble we all should commit to memory:
                                                  PREAMBLE

"We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution."

Meanwhile, the Cory government was besieged by many coup plots during that period. So, as one who had been taught in his early youth about love of God and country, and remembering a popular quote in those days about asking "what you can do for your country", I felt I was in a position to do something that could be some deterrent, in a very unique way, to further coup-coup plots against Cory's government.

What I had in mind wasn't based on wishful thinking. While local media, that was truly free for the first time in many years, was euphoric and there was so much noise that the Filipino people should be awarded the Nobel Peace Prize for the historic People Power Revolution, I simply knew that would not work.



So I ventured into making a move, got into contact with people I knew would be interested in a Nobel-Peace-Prize-for-Cory idea and in pursuing it seriously. Cory had become an Icon of Democracy to the whole world. She was not a long shot for that prestigious prize for the year in question, 1987. I've in the past posted here and here some details of my active involvement on that initiative with a small, quiet group led by the late former Senator Raul Manglapus - and why and how Cory, the top favorite, didn't get it, was robbed of it in the end.

So why, at this point in our national history, 27 years after ratification of our Constitution, should there still be some question in upholding the rule of law? Like, why does a certain group of legislators cry like small children after having lost their pork barrel, call members of the judiciary 'despotic' for decisions the Supreme Court has made on that issue, threaten them with impeachment? Why does Congress continue to ignore final judicial decisions, twist like pretzel and pilipit the law with their own interpretation, even uphold fraudulent, voided, baseless electoral proclamations with impunity, and bully the High Court?



Chief Justice Maria Lourdes Sereno has had her say in black and white - but to no avail! Former Supreme Court Chief Justice Artemio V. Panganiban was even prompted, to recently write then, with due respect, thus:
  
"Rule of law. True, legislators have the right to disagree with the Court. Dissenting justices criticize the majority’s rulings. Journalists do, too. So may any citizen. However, such right is not a license to disobey the Court. 
Indeed, we all have the right to disagree, but not to disobey. This is especially true for litigants who seek the intervention of the Court. They cannot refuse to obey on the guise that, in their opinion, the Court is wrong.
I have many times disagreed with the majority when I was an associate justice. When I was chief justice, I persuaded my colleagues to vote with me during our internal deliberations, but I did not begrudge those who differed from us. Now, as a retired jurist, I have critiqued decisions and “flip-flops.” But I have always honored and followed them.
Yes, congressmen may criticize, attack and bemoan. But I respectfully submit that under the rule of law, they are duty-bound to follow the decisions of the Court, whether they agree with these or not."
     - DIsagree, but not disobey, Artemio V. Panganiban, Inquirer, Jan. 25, 2014

Pilipit. Twisting the law.
Ignore it, let it go
but future generations
will copy you.
 "...the blessings of independence and democracy under the rule of law, and a regime of truth, justice, freedom, love equality and peace..."

It's kind of ironic that President Benigno Aquino III, two years ago, in a speech delivered on the anniversary of "Tagumpay ng Bayan", would ask similar questions in relation to another case yet to be decided then by a court: 

 "Papayag ba tayo na magpatuloy ang sistema kung saan may nanlalamang at nilalamangan? Hahayaan ba nating magkatotoo ang sinasabing dalawang mukha ng katarungan sa Pilipinas — isa para sa makapangyarihan, at iba para sa mga nasa laylayan?
"Kuntento ka bang hindi patas ang laban? Hindi ba sulit na ituwid ang ganitong klaseng kalakaran? ‘Di po ba’t malinaw ang mga alituntuning kailangang sundin ng lahat?"
     Speech of President Aquino on the Anniversary of Tagumpay ng
                                          Bayan, February 16, 2012.


Tama nga naman! Without following the rule of law, democracy is doomed to fail. And with elected leaders who have vowed to protect the Constitution shamelessly refusing to obey the law, arrogantly disobeying the decisions of COMELEC, a constitutional body, and that of the Supreme Court, the highest law of the land with the sole power to resolve constitutional issues, where then are we going? To the dogs?



Supreme Court decision

May God forbid! For we must never, ever allow such men and women to make a mockery of our Constitution and let it go right out the window. In the end, we must still have faith, our hearts at peace, devoid of any doubt or fear: 
"This is what the LORD says: Do what is just and right. Rescue from the hand of his oppressor the one who has been robbed. Do no wrong or violence to the alien, the fatherless or the widow, and do not shed innocent blood in this place"      - Jeremiah 22:2


"Fear not, for I am with you, be not dismayed, 
for I am your God; I will strengthen you, I will 
help you, I will uphold you with my righteous
right hand" - Isaiah 41:10

1993 Nobel Peace Prize Winner Nelson Mandela
and Icon of Democracy Cory Aquino
Pray for Us!