Court holds first hearing on petition against Tampakan project FTAA extension
KORONADAL CITY (MindaNews / 08 September) – After almost a year, the regional trial court here conducted the first hearing involving the petition questioning the granting of extension to the Financial and Technical Assistance Agreement (FTAA) of Sagittarius Mines, Inc. (SMI), developer of the controversial Tampakan project.
Marbel Bishop Cerilo Casicas said they attended the hearing last September 3, along with various indigenous peoples and irrigators groups, to demonstrate their determination to oppose the Tampakan project, the largest known undeveloped copper and gold minefield in Southeast Asia.
“We attended the first hearing of our case against the illegal FTAA extension of the Tampakan copper-gold mine to show to the court that we are serious in this legal battle,” he said in statement issued Monday by the Legal Rights and Natural Resources Center (LRC), which is assisting the petitioners.
“We want to reiterate that the agriculture, biodiversity, and ecological integrity in over 121,000 hectares of watershed areas is at stake, and the lives of almost 900,000 residents who benefit from (it),” he added.
The petition questioning the FTAA extension granted to SMI was filed on October 4 last year.
Casicas is the lead petitioner of the case. The other petitioners include the Columbio Multi-Sectoral Ecology Movement Inc., La Bugal B’laan Tribal Association Inc., Nagkakaisang Magsasaka ng Libertad Irrigators Association Inc., Maligaya Communal Irrigators Association Inc., New Bantangan Farmer’s Association, and San Jose Mabini Irrigators Association.
The Cacub Irrigators Association Inc., Marbel 6-Concepcion Irrigators Association, Tampakan Irrigators Service Development Association Inc., and Sitio Cadedang Communal Irrigators also joined the petition.
Named respondents are Executive Secretary Lucas Bersamin, former Department of Environment and Natural Resources (DENR) Secretary Ma. Antonia Yulo-Loyzaga, MGB OIC-Director Atty. Danilo Uykieng and SMI.
The case is pending before the sala of Judge Jessie Lariosa of RTC Branch 42 here. SMI is represented by the Tan Acut Lopez and Pison law firm.
To recall, the petitioners raised that there was alleged grave abuse of discretion and unlawful neglect of duty in the approval of the FTAA extension only at the level of the Mines and Geosciences Bureau, an act constitutionally designated for no less than the President of the Philippines.
They also raised that no prior public consultations were done in the course of the FTAA extension, a requirement on all environmental processes set by the Local Government Code as well as the Indigenous Peoples Rights Act.
The preliminary RTC hearing sought to review the status of several pending motions filed by SMI, including a motion to inhibit the previous presiding judge, causing the case to be transferred to another court which added to the delay.
The case is now pending before the sala of Judge Jessie Lariosa of RTC Branch 42 here.
The hearing also discussed the petitioners’ supplemental petition to include the latest 18-year FTAA extension order issued to the mining project.
“Publicly, it was known that DENR granted a 12-year extension from the contract’s 2020 expiration. When the case was filed, the company disclosed that the contract actually runs until 2038 or 18 years,” Atty. Rolly Peoro, LRC direct legal services coordinator,
said.
He said the 18-year extension was issued still at just the level of the DENR and not the Office of the President, and still with no public consultations.
“This extension order was never released publicly despite repeated communications with DENR,” Peoro said.
A next status hearing has been set in November to continue resolving these concerns before proceeding to the next steps.
Peoro called on the public to be vigilant and “see the case through towards a speedy and favorable resolution.” (Bong S. Sarmiento / MindaNews)
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