RTC sets hearing for TEPO issuance

CEBU, Philippines — The Regional Trial Court (RTC) in Cebu City will determine if there is a need to extend the 72-hour ex-parte temporary environmental protection order (TEPO) to stop the Apo Land from engaging and doing quarry operation within its tenement areas in Naga City.

RTC Branch 23 Judge Generosa Labra, who handles an environmental court, issued a one-page order that sets the hearing of TEPO on January 10.

Lawyer Benjamin Cabrido, lead counsel of the plaintiffs, said that if the TEPO will be granted, it will be valid for the entire duration of the P4.5 billion class suit before Branch 23.

Labra handled the environmental case after RTC Judge Dennis Larrobis in Naga City inhibited from handling the same.

On November 15, 2018, Larrobis issued an order of inhibition, following the motion filed by Apo Land & Quarry Corporation (ALQC).

ALQC, through counsels, asked for a voluntary inhibition ad cautelam of Larrobis to avoid any biases since the latter and Cabrido were fraternity brothers in Lex Cervus Fraternity and graduates of the same law school, the University of San Jose Recoletos.

Though being fraternity brothers in Lex Cervus Fraternity and graduates of the same law school is not a ground for inhibition, Larrobis had inhibited from further handling the case to “avoid the slightest suspicion of bias and prejudice.”

Before Larrobis had inhibited from the case, he had issued a 72-hour TEPO on November 9, 2018.

Thirty nine residents of Barangay Tinaan and two others, including the Philippine Earth Justice Center Inc., filed on November 7, 2018 a P4.5-billion class suit to stop the quarrying in Naga City following the landslide that killed 78 individuals, seven were injured, and six were reported missing.

The environmental case for the restitution of damage of the natural and human environment and the issuance of environmental protection order against quarry operations in Cebu Island with prayer for temporary protection order, writ of continuing mandamus for the determination of the carrying capacity of Cebu Island and rehabilitation and restoration of the damaged ecosystem was first assigned to the RTC in Naga City.

Named defendants were Cemex Holdings Philippines Inc., Apo Land and Quarry Corp., Apo Cement Corp., Mines and Geosciences Bureau Regional Office-7, City Government of Naga, and Cebu Province. (FREEMAN)