“Mining” protesters junk declaration of contractor

DUMAGUETE CITY — Statements issued by lawyers of Sino-Italy Construction Philippines, Inc. that it is suspending the project were rebuffed by anti-black sand mining protesters at Poblacion 4 in Tambacan of Tanjay City.

Sino-Italy, in a statement dated March 7, 2014 and addressed to the city mayor, Negros Oriental Gov. Roel Degamo and the public, said: “Due to external forces and pressure against the dredging project in Tanjay and to avoid further losses to the company, it is compelled to suspend the project.”

The Moya Law Office, counsel for Bacolod City-based Sino-Italy, also stated that the suspension of the project was without prejudice to the filing of a case in court against those who unlawfully violated and/ or disputed the project agreement, and caused the delay of and disturbance to the project.

The statement was released following a resolution of the Sino-Italy directors and stakeholders, and signed by lawyers Leon Moya Jr., Sarah Jane Dumancas and Liza Pradas of the Moya Law Office.

The company further said it will seek proper relief and remedies before the courts for the settlement of its claims before referring the matter to international arbitration.

Reverend Bobby Menguito, chair of the Defend Patrimony Negros Island, however countered that “something can be read between the lines,” because it never mentioned about mining, which protesters believed was the real purpose of the dredging project.

Menguito said that, last Friday, three unidentified persons, one of whom was Taiwanese-looking, asked the barricading protesters that they be allowed to enter the processing plant, for the purpose of dis-assembling the machinery.

Minutes later, the protesters received the signed statements, declaring that “from this date onward, the company will start to disassemble its machineries and equipment in Tanjay, and cease any trial test run.” It further said the company already had all the pertinent legal documents and permits over the project but shall suspend its operation until all parties shall arrive at a peaceful settlement.

Menguito however junked the third reason because the protesters’ objection to the project was non-negotiable.

The Regional Trial Court-branch 43 of Tanjay City summoned 92 individuals to answer the complaint filed by the city mayor, on or before March 21, for abatement of nuisance, with prayer for the issuance of preliminary injunction, preliminary mandatory injunction and temporary restraining order.

Among the respondents were the parish priest of Tanjay City, Msgr. Albert Erasmo Bohol, another priest Fr. Marcelo Quinilitan, village chief Ricardo Fabe and City Councilor Juanito Condes and a certain Dodo Renacia of Brgy. San Jose, Tanjay City. Worse, a minor was also in the list.

Bayan provincial chairman Favian Magallanes however said Bohol, Quinilitan, Renacia and several others have not even gone to the site since the start of the protest and yet they were included in the complaint. He alleged that this lawsuit was harassment against the protesters, many of whom were very poor and could not afford a lawyer.