Wednesday, May 25, 2022

Statement of Speaker Velasco on the Marinduque RTC decision awarding damages to Macopper tragedy victims

 



We applaud the Marinduque Regional Trial Court’s decision ordering Marcopper Mining Corporation to pay damages to those affected when the firm’s siltation dam burst in 1993, killing the Mogpog River and flooding nearby communities with toxic residues of heavy metals and silt. Three years later in 1996, a much worse disaster took place when a fracture in the drainage tunnel of Marcopper’s Taipan pit spilled more than 1.6 million cubic meters of toxic mine tailings, flooding villages and poisoning the Boac River.

This recent court ruling is very welcome and long overdue. It is a major victory for the people of Marinduque against the company responsible for one of the worst mining and environmental disasters in Philippine history.

But the quest for justice for all victims is far from over. In fact, in 2020, authorities discovered about 100 barrels containing what they described as “toxic substances” in Marcopper’s old storage facility.

It is regrettable that even after more than two and a half decades, we are still hounded by the Marcopper tragedy that caused the biological death of Boac River, killing the livelihood of thousands of farmers, fisherfolk and other residents of at least 20 villages who are dependent on the river.

To this day, people in the area continue to suffer the effects of the mining tragedy as evidenced by health problems, making it all the more imperative to come up with stringent and long-term environmental solutions.

We strongly believe that the government must continue to exact accountability from Marcopper for the consequences of its irresponsible mining practices that have caused irreparable damage to the environment and to the people of Marinduque.

Philippine court orders compensation for victims of 1993 mining disaster

 


How it looks today. Effect of the 1993 Maguila-guila siltation dam burst that flooded the Mogpog River remaining polluted and dead for 30 years. (MaCEC photo)


(Reuters) - A Philippine court has ordered a mining company to pay damages to 30 people for negligence in a 1993 dam burst that was one of the country’s worst mining disasters, a verdict cheered on Wednesday by environmentalists and the industry. 

The case was filed in 2001 by residents in the island province of Marinduque, who sought compensation after a typhoon caused Marcopper Mining Corp’s Maguila-guila dam to burst, submerging nearby communities and destroying property, crops and livelihoods.

The court in Marinduque ruled the plaintiffs must be paid 300,000 pesos ($5,734) each, plus a share of 1 million pesos for exemplary damages, according to the May 16 decision, which was made available to media this week.

The incident made mining a highly contentious issue in a country with vast underdeveloped mineral reserves. The Philippines is currently the biggest nickel ore supplier to top metals buyer China.

Marcopper, which folded after the incident, had denied liability and negligence in its maintenance and operations of the dam, according to the court decision. It was not immediately clear who would pay the compensation.


Today: Acid mine drainage here, there and everywhere. Familiar sight at Mogpog River (MaCEC photo)


Marcopper’s parent company, Placer Dome, was acquired by Canada-based Barrick Gold Corp in 2006, which absorbed its workforce and projects. Barrick did not immediately respond to a Reuters request for comment on the ruling.

Activists and industry groups said the incident underlines the importance of compliance by mining firms.

“The decision sends an encouraging signal to communities gravely affected by mining,” said the Alyansa Tigil Mina (Stop Mining Alliance) group.

Mines and Geosciences Bureau Director Wilfredo Moncano said the decision “serves as a reminder to all mining companies to strictly comply with environment laws and regulations.”

The industry lobby group, the Chamber of Mines of the Philippines, said the incident has been “a constant reminder to miners all over the world that the safety of all stakeholders in host mining communities is paramount”. - Reuters


Tuesday, May 24, 2022

Alyansa Tigil Mina issues statement on Marcopper Case court decision

 



Alyansa Tigil Mina gladly welcomes the landmark decision of a local court in Marinduque in favor of 30 plaintiffs against the Marcopper Mining Corporation for a mine spill that devastated the community in 1993.

It may have taken decades for the court to make a ruling, but we are nevertheless hopeful considering that justice is finally served to the victims of one of the worst mining disasters in the country. The decision sends an encouraging signal to communities gravely affected by mining.

We congratulate the Marinduquenos and their commitment to seek justice.  Congratulations are also in order to the lawyers and organizations who never wavered in the pursuit of justice, especially to Legal Rights and Natural Resources Center (LRC).  They have guided and stood by all the plaintiffs no matter what challenge faced.

The ruling also underscores the importance of a new mining law that would put the environment and mining-affected communities above the interests of the mining industry. At present, the mining laws in the country fall short  in preventing destructive mining. A new law must be put in place to ensure mining disasters won't happen again. - Alyansa Tigil Mina

Monday, May 23, 2022

In historic decision, court awards damages to Marcopper survivors

 

Note: This is about the earlier flooding of the Mogpog River that transpired in Mogpog, Marinduque in 1993, (not the tailings spillage on the Boac River in 1996):

On December 6, 1993, parts of the structure of the Maguila-guila tailings dam owned by Marcopper Mining Corporation broke, flooding the Mogpog River with toxic waste.It released an overwhelming amount of silted water that submerged and destroyed properties and sources of livelihood, and exposed the people of Marinduque to serious health risks.

 


In a landmark decision decades in the making, a local court in Marinduque has ruled in favor of at least thirty plaintiffs against the Marcopper Mining Corporation, for a mine spill that wreaked havoc on the community on December 3, 1993. It is one of the worst mining disasters to hit the country.

In a decision dated 16 May 2022, Judge Emmanuel Recalde of Branch 38 of the Marinduque Regional Trial Court granted 200,000 pesos in temperate damages and 100,000 pesos in moral damages to each of at least thirty plaintiffs in the case filed in 2001. Another one million pesos as exemplary damages was awarded to all the plaintiffs. The temperate damages had been paid per a memorandum agreement dated 16 July 1994.

“This is a victory for the plaintiffs who had waited two decades for justice as much as it is for the other plaintiffs who had unfortunately died in the course of this case. We celebrate this ruling and thank Judge Emmanuel Recalde for taking up cudgels for the survivors and the environment,” said Elizabeth Manggol of the Marinduque Council for Environmental Concerns (MACEC).

“Large-scale mining projects present inevitable damage. The Marcopper disaster is a warning we should heed with the ongoing and planned large-scale projects in the country. The existing Mining Act is problematic. The alternative minerals management bill (AMMB) is urgently needed to safeguard the environment from mining and prevent disasters like this,” said Atty. E.M. Taqueban, executive director of the Legal Rights and Natural Resources Center (LRC). LRC, a non-governmental organization that provides free legal services to communities entangled in resource rights issues, served as the legal counsel of the plaintiffs.

“This emblematic case should serve as a warning for communities who wish to embrace mining. Litigating mining-related cases like this celebrated case is a slow march to justice. Communities must think their decisions through for the impact of the environment can be irreversible. In the case of Marinduque, the river affected by the spill is all but dead. With this ruling, Judge Recalde has shown that environmental cases do have a fighting chance in our judicial system,” said Atty. Ryan Roset, direct legal services coordinator of LRC. 

On December 6, 1993, parts of the structure of the Maguila-guila tailings dam owned by Marcopper Mining Corporation broke, flooding the Mogpog River with toxic waste.It released an overwhelming amount of silted water that submerged and destroyed properties and sources of livelihood, and exposed the people of Marinduque to serious health risks.

This article first appeared in Legal Rights Center website on May 23, 2022.

Thursday, May 12, 2022

Former Bishop of Boac, now Bishop at the Diocese of Imus, Rey Evangelista speaks up on Halalan 2022

My thinking is that God sent Leni to make us realize that there is innate goodness in the Filipino. Each Filipino has the ability to rise above oneself. I am beginning to think that God never meant for Leni to win.  Her mission was to waken us up. If Leni won, do you really think she would be able to change the mindset of our government?  I think we would expect so much more from her that we will complain about each and every mistake or problem that she is unable to solve. We will castigate her as an inutile leader as in the same manner we castigated PNoy.


Former Bishop of Boac, Most Rev. Reynaldo Evangelista's message on the outcome of Halalan 2022:

Message from Bishop Rey Evangelista, now with the Diocese of Imus:

Sometimes we have to look beyond the obvious.  We prayed that Leni would win but she didn't. At least in the Comelec count, she didn't. But she won the hearts of the people. She won them enough to stay in the sun for hours, enough for them to campaign and spend for campaign materials, enough for them to bring or prepare food to share with others, enough for them to clean up after each rally and so many more things that you would  never expect a Filipino to do.

My thinking is that God sent Leni to make us realize that there is innate goodness in the Filipino. Each Filipino has the ability to rise above oneself. I am beginning to think that God never meant for Leni to win.  Her mission was to waken us up. If Leni won, do you really think she would be able to change the mindset of our government?  I think we would expect so much more from her that we will complain about each and every mistake or problem that she is unable to solve. We will castigate her as an inutile leader as in the same manner we castigated PNoy.

I think God used Leni to show us that if we unite we are capable of great things. Sure, we tried hard but we still lost the election. But you see, whatever we do, we will lose the election because the dice were loaded in the first place.

But we gained character, we saw people volunteer their time, money and themselves for something beyond them. And it was wonderful. God showed us that if we get together and worked together, things happen. We may not win elections but the feelings of joy and wonderment were priceless. And just maybe, that brief moment was actually a glimpse of heaven.

(Viber post of Bishop Rey, Diocese of Imus)



Also read:

Moriones: Those who forget the past... (with Bishop Rey)

Wednesday, May 11, 2022

Marinduque’s Velasco gets reelected for governor via landslide victory

Speaker Lord Allan Jay Velasco with his father, Marinduque Gov. Presbitero Velasco Jr. Both were reelected to their respective posts in May 2022 elections.

 

Incumbent Governor Presbitero Velasco Jr. was proclaimed governor of Marinduque province for a second term in a landslide victory in the may 9 elections. 

The elder Presbitero led by 63,115 votes or 48.08 percent of the total voting population of the province, against closest rival, the current Vice Governor Romulo Bacorro Jr.

His son, House Speaker Lord Allan Jay Velasco, was also re-elected as its lone district representative for a third consecutive term. The unopposed congressional candidate, garnered 100,794 votes or 100 percent of the final tally of votes counted after the tabulation of all election returns by the Marinduque Provincial Board of Canvassers on Tuesday, May 11.

The two ran under the administration’s Partido Demokratiko Pilipino-Lakas ng Bayan.

Meanwhile, of all the candidates for Board Members, those under the PDPLBN party dominated the polls.

For the Sanggunian Panlalawigan Members first district, newly elected board members are: Macky Caballes, Jojo Leva, Antonio Mangcucang III and Dindin Opis-Mercado.

For Board members at the second district, three were elected under the said party namely: Mel Encabo, Mercy Rejano and Ishmael Lim, while only one independent candidate Danny Red was elected for the Board Member seat.

Among the mayoral race in the six towns of Marinduque, local chief executive aspirants under PDPLBN party also dominated.

The municipality of Boac has re-elected mayor Armi Carrion. Third-term mayor Augusto Leo Livelo of the municipality of Mogpog, newly-elected mayor of Gasan Rolando Tolentino and incumbent mayor of Torrijos and mother of Speaker Velasco, Lorna Velasco were also elected.

While other districts – in Sta. Cruz, mayor-elect Marisa Red under the Nationalist People’s Coalition (NPC) is a returning mayor after she was defeated last 2019 national-local elections; and in the town of Buenavista, is the independent mayoral candidate, now newly-elected mayor Eduard “Bong” Siena.

Proclamation of the municipal mayors and other local officials had been conducted at their respective municipalities led by each Municipal Board of Canvassers on Tuesday.

Marinduque has recorded 161,538 registered voters, with 140,674 voters that actually voted or 87.08 percent voters’ turnout for this 2022 polls. - INQUIRER


US to work with new gov't, says Philippine elections followed int'l standards

 

The United States said it looks forward to working with the next Philippine president "on key human rights and regional priorities" and added that last Monday's elections were conducted according to international standards and without any major incident.


US State Department spokesman Ned Price told the media in Washington that once the next president is officially proclaimed, the US will work "to strengthen the enduring alliance between the United States and the Philippines.” 

“We're monitoring the election results and we look forward to renewing our special partnership and to working with the next administration on key human rights and regional priorities," Price said Tuesday (Wednesday in Manila). 

Presumptive Philippine President Ferdinand Romualdez Marcos, Jr.


Asked if the US has any concern with Ferdinand Marcos Jr. possibly being the next president, Price replied: "What I can say from a technical standpoint is that we understand the casting and counting of votes to have been conducted in line with international standards and without significant incident."

"The counting is still underway. It is not for us to declare a winner. We'll wait for the Philippines election authorities to do that. We look forward to working with the president-elect on the shared values and the shared interests that have united our countries across generations," Price said.

Based on unofficial and partial election returns received by the church-backed election watchdog Parish Pastoral Council for Responsible Voting and authorized media outlets via the Commission on Elections Transparency Media Server, Marcos Jr., 64, son and namesake of former dictator Ferdinand Marcos who was ousted in a People Power revolt in 1986, is leading the presidential race with a landslide margin over his closest challenger, Vice President Leni Robredo, and eight other candidates.

Price said the US sees no change in its relations with its key Asian ally, saying "it is an enduring alliance that is rooted in a long and deeply interwoven history that shares democratic values and interests and strong people-to-people ties between our countries as friends, as partners, as allies."

America, he added, will also continue to collaborate closely with the Philippines "to advance a free and open, connected, prosperous, secure, and resilient Indo-Pacific region." - GMA  News

House chief reelected unopposed as Marinduque representative



Speaker Lord Allan Velasco has been reelected unopposed as representative of the lone legislative district of Marinduque province for a third consecutive term.

The Marinduque Provincial Board of Canvassers on Tuesday proclaimed Velasco as the winner in the congressional polls after the tabulation of all election returns.

Velasco obtained 100,794 votes in the final tally. Marinduque has 161,538 registered voters, but only 140,674 voted.

The Speaker’s parents, retired Supreme Court Justice Presbitero Velasco Jr. and Lorna Quinto Velasco, were also reelected as governor and mayor of Torrijos town, respectively.

“I am deeply honored and humbled by my reelection to the House of Representatives. I am extremely grateful to the people of my beloved province of Marinduque for putting their trust and faith in me to represent them in Congress for another three years,” Velasco said.

He also congratulated his colleagues in the 18th Congress who have been reelected to the House.

“I look forward to seeing all my fellow House members as we and our Senate counterparts convene in two weeks’ time as the National Board of Canvassers which will canvass the votes cast, and proclaim the newly-elected President and Vice President of the Republic of the Philippines,” he added.

Hailing from Torrijos town, Velasco was first elected Marinduque representative in 2010. He tried to get reelected in 2013 but lost to the late Regina Reyes-Mandanas, whose COC was later canceled by the Comelec after she was found to be naturalized American citizen.

After almost three years of battling it out at the House of Representatives Electoral Tribunal and the Supreme Court, Velasco took his oath of office as congressman in February 2016 or three months before that year’s general elections. He ran again for the same post in 2016 and 2019, winning both instances.

In October 2020, Velasco assumed the speakership in the middle of a raging global pandemic. Undaunted, he was able to lead the “bigger house of Congress” in producing desperately needed legislation aimed at mitigating the impacts of COVID-19.

To pull this off, Velasco prioritized the health and safety of House members and employees in order to keep the legislative mill running so that the chamber could continue to pass critical emergency pandemic response measures.

The House under Velasco’s leadership has put in place strict health and safety protocols, including regular COVID-19 testing and mass vaccination.

This resulted in the passage of urgently needed legislation, foremost of which is Republic Act 11525 or the COVID-19 Vaccination Program Act. Despite initial supply challenges worldwide, Congress nevertheless supported the complete rollout of the country’s inoculation program through this law, expediting the procurement of COVID-19 vaccines and the establishment of a P500-million indemnity fund.

For two years in a row, Velasco oversaw the passage of the national budget that contained programs and projects designed to address the pandemic, making the spending plan the government’s “single most powerful tool” to fight COVID-19.

Even as he became Speaker, Velasco would always keep a close watch on Marinduque, ensuring that his constituents are provided with basic government services and that they benefit from the programs and projects he specifically made for them.