FOR allegedly spreading malicious information, the Hinatuan Mining Corp. (HMC), an affiliate of Nickel Asia Corp., has filed a criminal complaint against a non-governmental organization (NGO) for cyber libel.
While the complaint was filed in September last year, the Taguig City Prosecutor’s Office has recommended the filing of the criminal case against officers of the NGO.
In a three-page resolution, Taguig City Prosecutor Archimedes V. Manabat found probable cause to indict Yolanda Esguerra, Candy Hidalgo, Edel Garingan and Victor Morillo of Philippine Misereor Partnership Inc. (PMPI).
The Prosecutor Office found “libelous” the respondents’ statement posted on their web site on June 20, 2015, claiming that HMC’s barge destroyed three small fishing boats on their way into the port of Manicani Island in Guian, Eastern Samar. “Skipton Manila, a large barge containing several heavy equipment and machinery for mining operations, was sent by HMC despite a suspension order from the Department of Environment and Natural Resources [DENR],” PMPI alleged as posted in its web site. It added: “We fail to understand how a suspended mining company was able to get the support of our police to bring heavy equipment they can use to resume their supposedly suspended operations.”
Another press release was posted by the respondents on June 24, 2015, on PMPI web site reiterating their claim that HMC intentionally destroyed three fishing boats.
“Something is to be said when a mining firm intentionally ran over small boats of the fisherfolks of Manicani, for the second time. The first was only last December, with the similar intent: To haul heavy equipment into the island and continue their mining operation,” it said.
Some Manicani Island residents also executed a joint affidavit attesting that it is not true that the barge rammed the pump boats and no nickel ores were transported by the barge.
Apart from local residents, the incident was also witnessed by the Philippine Coast Guard, the Philippine Maritime Police, the Philippine National Police, national and local media, and Mines and Geosciences Bureau (MGB) and DENR personnel. After viewing the footages submitted by the parties, the prosecutor said the collision was caused by the pump boats, which intentionally blocked the path of the slow-moving barge.
“After the collision, the barge even retreated to find another berthing spot. Thus, the phrase ‘intentionally ran over small boats’ would be false,” the prosecutor said in its resolution.
The resolution added: “The publication puts complainant in a bad light because it portrays a mining corporation’s use of brute force, notwithstanding damage to property of others, in its operations.” PMPI has been vocal about HMC’s alleged operation in Manicani Island despite a suspension order slapped against the company.
The group has been hitting the company for hauling stockpiles of nickel ore in the island, an action sanctioned by the DENR-MGB.
PMPI said hauling of the stockpiles of nickel is considered part of mining operation on the island, which is now supposed to be a “no-go zone” for mining. It was declared part of the Guian Protected Landscape and Seascape.