THE Concerned Citizens of Sta. Cruz, Zambales (CCOS) has asked the Court of Appeals (CA) to order the government to place back three mining companies operating in Zambales under suspension for violation of mining and environmental laws.
Specifically, the group wants the CA to direct Environment Secretary Ramon J.P. Paje and two other officials from the Mines and Geosciences Bureau (MGB) to issue an order resuming the suspension earlier slapped against LnL Archipelago Minerals Inc. (Lami), Eramin Minerals Inc. (EMI) and BenguetCorp Nickels Mines Inc. (BNMI).
But DENR’s Mines and Geosciences Bureau (MGB) Director Leo Jasareno said a memorandum was already sent to the Department of Environment and Natural Resources (DENR)-MGB Region III Office, “forwarding for implementation the recommendation of the MGB inspection team to suspend operations again.” This, even as Jasareno said the 90-day suspension period referred to by the group is actually the deadline for compliance with conditions of the companies slapped with suspension order, and not the deadline for resumption of suspension.
Aside from Paje, named respondents in the petition for mandamus and temporary restraining order filed on June 9 are Jasareno and MGB Region III acting Director lawyer Danilo Uykieng. Lami, EMI and BNMI are the subject of numerous complaints for the pollution of water bodies, including fishponds, in the town of Santa Cruz, Zambales.
This, after the 90-day order temporarily lifting the companies’ suspension order lapsed last month. CCOS said the companies have failed to meet their obligations, which gives no reason for the DENR and the MGB to allow them to continue operation.
According to CCOS, the three mining companies failed to comply with certain conditions when the MGB lifted the suspension order for 90 days last December.
“We see no reason these mining companies continue to operate in Santa Cruz, Zambales and we don’t see any effort from the DENR and the MGB to stop them. We will not sit here and watch, as they continue to destroy our environment and the livelihoods of the people with impunity. We demand actions from the respective government offices right now!” Dr. Ben Molino, chairman of CCOS, said in a statement.
On July 15, 2014, the MGB suspended the operations of BNMI, Lami, EMI and Zambales Diversified Metals Corp. following the recommendation of MGB that multidisciplinary team due to violations of mining and environmental laws.
However, on December 3, 2014, DENR Region 3 issued an ore-transport permit, justifying the move as a necessary step for the companies to rehabilitate and compensate the affected communities to prevent disaster while the suspension orders are still in effect.
On February 10 and 20, 2015, the DENR in Central Luzon issued a temporary lifting of the suspension orders of BNMI, Lami and EMI subject to compliance of certain conditions within 90 days.