Mining stoppage in Cebu sought: P4.5 billion case filed over Naga landslide

CEBU, Philippines — Thirty-nine residents of Naga City have filed a P4.5 billion case against entities they believe were responsible for the landslide that killed at least 78 in September.

They are suing CEMEX Holdings Philippines, Inc., Apo Land and Quarry Corp., Apo Cement Corp., Mines and Geosciences Bureau-Region 7, the Naga City government, and the Cebu provincial government.

They are also asking the court to stop mining operations in Cebu. They asked that the court issue a Temporary Protection Order within 72 hours to stop the quarry operations while the case is pending.

Lawyer Benjamin Cabrido said they are suing on behalf of the next generations of Filipinos.

Not Natural

“Motuo mo na natural phenomenon na? Mao na mosurok akong dugo,” he said.

He said they do not believe the report of MGB that the landslide was brought about by a “natural” cause.

On August 29, Naga Mayor Kristine Chiong issued a cease and desist order (CDO) against Apo Land after they were informed of the unusual cracks noticed by the residents.

On the same day, MGB announced these cracks are of natural phenomenon and not that critical as to pose imminent danger to the communities. The same was reiterated by the bureau on September 4, prompting Chiong to lift the CDO on September 6.

However, Chiong received reports on September 11 on abrupt worsening of cracks from three millimeters to 35 millimeters, which caused her to seek for re-evaluation of MGB’s earlier findings.

Cabrido said the haste by which the inspection done by Jerali Rordio and Dennis Gerald Aleta on August 29 “belied the obvious gravity of the gravity of the developing situational hazard at that time and were there for site-seeing purposes only and to ensure the CDO issued on the very same day will be lifted pronto.”

“In just a few hours on the same day, MGB did the inspection, made the geological assessment report and cover letter, then obtained the signature of Atty. Gerardo Mahusay and delivered it to the LGU. To think, MGB’s office is in Mandaue City. Wa’y makaabot sa Naga from there in two hours unless naa na sila sa Naga daan kadlawon pa or unless they did the report at the Apo office,” Cabrido said.

A day before the September 20 landslide, MGB then recommended forced evacuation of residents in nearby areas but such warning did not reach the residents in time.

About 5:30 a.m. of the fateful day, the “already stressed” crown of Apo Land’s Tagaytay quarry site was the first to give in. The crown was the area on the boards of the quarry site which was intentionally unmoved and left un-quarried to serve as barrier and defense of mine tailings.

Residents claimed they heard explosions that may have been due to the blasting employed and/or sudden collapse of the quarry’s crown.

The crown carrying thousands of tons of overburden collapsed straight into Sitio Sindulan located at the base of the quarry site.

Demand

Now, the complainants want the respondents to pay for P500 million worth of rehabilitation fund; damages amounting to P1 million for each of the 77 fatalities and eight missing persons (P84 million); P1 million each for the 57 houses destroyed and buried in the landslide, including their appliances and movables (P57 million); P100,000 for each of the seven injured persons (P700,000); and P500,000 for each of the 8,262 displaced persons (P4.1 billion); P500,000 as moral damages for each of the family of the 84 fatalities and missing persons (P42 million); P200,000 as exemplary damages for each of the families of the 84 fatalities and missing persons (P16 million); and P1 million attorney’s fees.

Cabrido said aside from damages to compensate for the loss and damage of lives, property and environment, they are asking the court to issue an Environmental Protection Order against quarry operations in Cebu island.

They are also seeking for the issuance of a writ of continuing mandamus for the determination of the carrying capacity of Cebu with respect to mining and quarrying to avoid the occurrence of the same incident.

“Remember, the total land mass of the island of Cebu is only just over 500,000 hectares!! And here we have these public defendants MGB and LGU of Cebu Province sanctioning mining and quarrying on the 25% or a fourth of the province’s total terrestrial domain!” the complaint reads.

The complainants said that Naga City is not only under the threat of degradation due to mining and quarry activities since there are 36 approved and subsisting Mineral Production Sharing Agreements (MPSAs) covering around 25,000 hectares and 93 applied MPSAs for 69,000 hectares in Cebu, excluding the quarry permits issued by the Cebu provincial government.

Cabrido said out of the 27 barangays in Naga City, only four were declared safe in the geohazard map.

There will come a time Naga will only be a quarry site. It will no longer be habitable and di mi gusto maabot na nga time. Labaw na ang tibuok Sugbo. This problem is prevalent anywhere,” he said.

The plaintiffs are also praying for P500 million fund for the rehabilitation and restoration of the damaged ecosystems.

Cabrido clarified the pro bono lawyers in the suit were not paid to pursue the case. In fact, he said, they were the ones who spent for the case since they are one in their goal to prevent the further degradation of the mountains.

Pressure?

Lawyer Vincent Isles said three original complainants have backed out of the case.

“There were pressures from certain sectors and people di lang ta magngan,” he said.

Cabrido, for his part, said they will respond to any coercive action that may be done against the complainants.

“There will be retribution,” he said.

Lawyer Irene Ann Caballes emphasized the inter-generational responsibility.

“We are not the owners of this earth. Even if the people of the corporation they have children too, even the business owners and the local politicians. They have children and grandchildren. Unsaon man nimong limestone if di naka kapuyo diri,” she said.

She added “I am doing these for my children and everyone else’s children.”

One of the plaintiffs, Juditha Sillana, 61, a resident of Sitio Tagaytay, Barangay Tinaan, Naga City, said she is forging on despite threats because her 17-year-old son deserves justice.

“Giingnan ko ngano daw nag apil-apil ko’s kaso… hustisya akong gipangayo; wa ko mahadlok… gusto man gani ko muapas sa akong anak,” she said.

Chona Campanilla, 47, of South Poblacion, Naga City, whose 16 relatives died during the Tinaan landslide, shared Sillana’s sentiments.

“Akong gusto is hustisya para sa akong maguwang, kay di ko katog. Ang iro maligsan mugukod man gani ta sa nakaligis, tawo pa kaha?” she said. — JMO (FREEMAN)