Farmers, fisherfolks file petition for Envi Protection Order against mining in MacArthur Leyte

By Alyansa Tigil Mina (ATM)
June 27, 2012

MACARTHUR, Leyte  –  Farmers and fisher folks in Leyte went to court and filed an application for Temporary Environmental Protection Order (EPO) to stop the mining operation of Nicua Corporation in prime agricultural lands of Villa Imelda and adjacent barangays in MacArthur Leyte.

The plaintiffs led by Jesus Cabias, president of Unahin Lagi Natin ang Diyos - Bito Lake Fisherfolks Association (UNLAD-BLFA) and supported by Environmental Legal Assistance Center (ELAC), assert their right to a healthy and safe environment against the destructive effects of mining in their farmlands and lake.

“Water is life and must be saved at all costs. Allowing mining to continue here will affect not only our primary source of water and livelihood but also the future generations,” said Cabias.

Two weeks ago, Bureau of Fisheries and Aquatic Resources (BFAR) reported that contamination from oil and grease from the mining operations is one of the causes of the massive fish kill in Lake Bito.

Fr. Edu Gariguez, executive secretary of the Catholic Bishops Conference of the Philippines - National Secretariat for Social Action, Justice and Peace (CBCP-NASSA) added, “Together with the Archdiocese of Palo and Alyansa Tigil Mina, we visited this area and found that the impacts of mining there are terrible and devastating. We call on the national offices to act on this, at the same time we hope that the Regional Trial Court can immediately hear our petition and issue a temporary environmental protection order to stop Nicua Mining Corporation from operating in the area.”

Cabias added, “Our problem is that the mining operation is encroaching in prime agricultural lands – we are talking about irrigated lands that were not even legally converted for other purposes. Their activities threaten our food security, right to clean water, and livelihood.”

The 30-page petition has been filed on Monday at the Regional Trial Court (RTC) Branch 10 in Abuyog, Leyte but is yet to be given a case number by the RTC Judge next week.

Meanwhile, ELAC Lawyer Atty. Ronnan Reposar is firm that an EPO should really be issued against the mining company and should be implemented immediately. He said, “There are clear violations here, not only that the mining operation in MacArthur violated the constitutional rights of the people to environment, health, life and property, the same has likewise violated other laws protecting our natural resources – the mining company is situated and directly affecting prime and irrigated agricultural lands and the water resources. This is a clear threat to life of both the present and future generation”

Environmental Protection Order or Temporary Environmental Protection Order (EPO/TEPO) are injunction orders under the new Environmental Rules of Court that directs or enjoins “any person or government agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the environment.” This gives immediate relief on environmental issues.