Apo asks court: Junk TEPO request
For lack of merit, Apo Land and Quarry Corp. (ALQC) has asked the court to deny the temporary environmental protection order (TEPO) sought by 39 landslide-affected Naga residents so it can continue its quarrying activities within its tenements.
The 39 residents of Barangay Tinaan, along with the Philippine Earth Justice Center, earlier filed a P4.5 billion class suit against five entities, including ALQC, and asked the court to issue a TEPO after the expiration of the 72-hour TEPO last Monday.
Through counsels, ALQC, in its opposition, argued that there was no "extreme urgency" and "grave injustice and irreparable injury" that would warrant the issuance of TEPO.
"In the instant case, there is no extreme urgency present as ALQC's quarry operation is already suspended, being currently the subject of suspension and cease and desist order from various government agencies," read the opposition.
The opposition ad cautelam was received by the Regional Trial Court Branch 76 on November 14, before presiding judge Dennis Larrobis inhibited from handling the case.
ALQC said because of the suspension order issued by government agencies, they have not resumed quarry operations since the landslide on September 20 that claimed 78 lives.
"Considering that even before the filing of the instant complaint and the issuance by the Honorable Court of the subject TEPO, ALQC already stopped conducting any quarry operation in the area, then, the element of extreme urgency is indubitably absent," the opposition read.
In addition, ALQC said with the existing suspension and cease and desist orders on ALQC's quarry operation, there was no imminent danger or threat which could result to grave injustice and irreparable injury to plaintiffs.
However, ALQC said granting that there exists extreme urgency, the TEPO should be limited only in areas covered by mineral production sharing agreements (MPSA) where the alleged new cracks and aggravated cracks were found namely: barangays Tinaan, Naalad, Inoburan, Mainit, and Cabungahan.
The barangays mentioned, according to ALQC, covered only three MPSAs.
"A perusal of the TEPO would show that it covers seven MPSAs under the name of ALQC," the opposition read, adding that including areas outside Naga City was evidently "without factual and logical basis."
Allegedly, ALQC has no MPSA covering Barangay Cabungahan.
The seven MPSAs cover a total area of approximately 2,881.4063 hectares, which are part of Naga City, Toledo City and municipalities of San Fernando and Pinamungajan.
Meanwhile, aside from the lack of merit, ALQC questioned the validity of the service of the 72TEPO on Friday, claiming it was served without contemporaneous service of summons and copy of the complaint, which was a requirement.
TALISAY QUARRY PASSES CHECK
Meanwhile, a quarry company operating in Talisay City got a positive feedback from the joint inspection conducted by Provincial Environment and Natural Resources Office (PENRO), Mines and Geosciences Bureau (MGB) and Talisay City officials yesterday morning.
Engr. Jason Lozano, chief of PENRO, told reporters that their recommendation relayed to the QM Builders said there was “quite good development” seen during their visit.
He said the slashed mountain was already flattened; however, the development does not mean they are recommending evacuated residents to go back to their respective houses.
“Dili ta kapugong kung phenomenal movement na na siya pero atong mmitigate siguro if ever naa gyud ang dili ka pugngan nga mahitabo,” Lozano said.
Earlier, about 60 families of Sitio Tiguib, Barangay Lagtang transferred to Tabunok Sports Complex as their evacuation center to allay their worries that they would suffer the same fate as the residents in Naga.
Engr. Alan Quirante, owner of QM Builders, said they are willing to comply with whatever the government offices will require them.
He said they even helped in supplying the daily needs of the evacuees and even constructing comfort rooms. He promised that their required mitigating measures will be finished after a month.
Some evacuees have already returned back to their homes and are now occupying their houses but some remain in the evacuation center.
Felipa Solana, chief of City Social Welfare and Development (CSWD), said there were 20 families in the evacuation center.
But Quirante insisted that there are only six families directly affected. He said they are willing to give financial assistance for them with a condition that they would find other houses to live in.
“Naa man sad gyu'y uban nga bisag layo na sila magpalista ra gihapon,” Solana told reporters.
Atty. Rudelyn Navarro, city administrator, for her part, clarified that they will just wait for the recommendation of the PENRO and the MGB once the flattening of the mountain surface conducted by the QM Builders will be completed.
As of now, the giving of assistance to the evacuees continues in cooperation with the quarry company.
Lozano also advised the city government and the quarry owner to put up bandwall to protect the houses from falling debris and the river.
Niluna Jumeliza Monroid, mining engineer of MGB-7, said they did not notice any problem on the mountain.
She said she observed some cracks but this did not mean danger. The development of the mountain gives lesser risk to the people living below, she added.