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Sibuyan residents got SC writ of kalikasan vs DENR, mining firm
By J.Lo
Sibuyanon Barricade
"Issuance of writ of kalikasan is significant step to secure and protect one of country's last ecological frontier, Sibuyan Island, and its communities," Sibuyan environmentalist Rodne Galicha of Living Laudato Si said cease-and-desist order is still in force.
SIBUYAN ISLAND
Supreme Court has issued writ of kalikasan in petition by residents of Sibuyan Island in Romblon against environment agencies and mining firm over destruction of island's intact ecosystem.
According to copy of the June 13 resolution Supreme Court en banc issued writ of kalikasan against Department of Environment and Natural Resources, Mines and Geosciences Bureau, and Altai Philippines Mining Corp.
Writ of kalikasan is legal remedy for persons or organizations whose constitutional right to balanced and healthful ecology is violated or threatened. Residents of Sibuyan Island filed petition for protective writ on February 6,2023.
Sibuyanons are opposing mining exploration activities of APMC, fearing extraction of nickel ore will damage island dubbed as "Galápagos of Asia" and affect livelihoods of locals.
High court required respondents to file comment on petition within 10 days after service of writs, and referred case to Court of Appeals for further reception of evidence.
SC, however, denied petitioners' prayer for issuance of Temporary Environmental Protection Order. A judge can issue TEPO effective for only 72 hours if matter is of "extreme urgency and applicant will suffer grave injustice and irreparable injury."
In February, DENR Mimaropa, MGB, and Environmental Management Bureau ordered APMC stop construction and operations of its causeway "as precautionary measure against potential irreparable damage to environment."
Environmental agencies also suspended ore transport permit issued to APMC and ordered mining firm stop transporting nickel ore from contract site to causeway.
"Sibuyan Island's fate in hands of exploiters will not only affect island's fragile ecology but also global biodiversity due to presence of many endangered flora and fauna, both discovered and yet to be discovered and documented," Galicha stressed.
In January, Sibuyanons set up barricade to stop transport of nickel ore. Police in riot gear broke through barricade on February 3, allowing trucks carrying nickel ore to leave island and hurting two residents in the process.
Two sizable parcels of land in Barangays España and Taclobo in San Fernando town are slated to be mined by APMC under its Mineral Production Sharing Agreement (MPSA), according to Project Description for Scoping (PDS) firm filed to DENR.
Residents of Sibuyan Island in Romblon are calling for suspension of mining exploration activities there, saying extraction of nickel ore will disrupt island's intact ecosystems as well as local livelihoods.
Sibuyanons urged DENR to suspend mining operations of Altai Philippines Mining Corporation (APMC) on the island, which is home to unique flora and fauna.
Sibuyan Island has been called "Galápagos of Asia" because it is isolated from Philippine archipelago. Volcanic islands of Galápagos, which lie 600 miles off coast of Ecuador, are famous for wealth of unique plants and animals found nowhere else in the world.
"We are seeing that our island is being destroyed, but no one is responding… still no positive action being taken by concerned government agencies," Elizabeth Ibañez, coordinator of Sibuyanons Against Mining, told media in phone interview.
"Almost 100% of people on Sibuyan Island, especially in Barangays España and Taclobo in town of San Fernando, opposed mine because it will destroy environment and affect livelihoods," she added.
Proposed project of Gatchalian-led APMC will be located in Barangays España and Taclobo. Both villages will house mine pits, and support facilities such as causeway, stockyards or pieryards, waste dumps, and settling ponds, according to project description for scoping.
According to Ibañez, locations of proposed project are "highly susceptible" to landslides.
Residents of Sibuyan Island set up barricade in front of pier being constructed by APMC to stop firm's mining exploration activities.
Ibañez said residents are demanding mining company to produce barangay clearance, municipal business permit, DENR foreshore lease contract, and permit from Philippine Ports Authority to construct private port. She claimed firm could not present these documents.
Galicha, executive director of non-profit Living Laudato Si, reported presence of bulk carrier that will allegedly transport 50,000 metric tons of nickel ore. Ibañez said hauling activity will damage spawning ground of fish.
In a letter to media, Mines and Geosciences Bureau MIMAROPA regional director Glenn Marcelo Noble said mineral ore export permit was issued to APMC "for bulk testing purposes per its approved exploration work program."
He added MOEP was requested by mining firm under its MPSA "to ship out its sample ore to reliable direct shipping ore pyro-plant and testing company in order to complete necessary metallurgical study."
In December 2009, mineral production sharing agreement was executed by APMC and then-environment chief Lito Atienza, giving it right to mine within contract area.
"Environmental concerns shall be addressed through approved environmental work program and performance bond, as well as monitoring by this office," Noble said.
Public scoping activity was conducted on January 19. Activity is part of requirements of Philippine Environmental Impact Statement System in relation to APMC's application for environmental compliance certificate.
Town councils of San Fernando, Cajidiocan and Magdiwang in Romblon had already issued joint resolution in June "strongly opposing metallic large-scale mining in Sibuyan Island."
They also appealed to President Ferdinand Marcos Jr. and Congress to declare Sibuyan island free from large-scale metallic mining.
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