Written by
Thursday, 21 March 2013

For the past few months, Sen. Serge Osmeña has been actively  at the tail of Philex Mining, leading the Senate investigation of the firm regarding the Benguet mine spill which happened in August last year, claiming that some non-governmental organizations have [...]]]> To laud or not to laud  

Written by
Thursday, 21 March 2013

‘The value of the so-called critics of mining is that they keep the industry on its toes.’
Written by JOSE BAYANI BAYLON, Malaya Business In sight

March 13

The headline of this piece is sure to turn off many an “environmentalist” who is convinced that mining cannot coexist with environmentalism. [...]]]> Maximizing the potential of mining.

‘The value of the so-called critics of mining is that they keep the industry on its toes.’
Written by JOSE BAYANI BAYLON, Malaya Business In sight

March 13

The headline of this piece is sure to turn off many an “environmentalist” who is convinced that mining cannot coexist with environmentalism. Or mining with tourism, or development for that matter. Unfortunately, such negativist viewpoints come from people who have either
1) never seen a responsibly operated mine or
2) have taken the “sins” or incidents in one operation and used it (and continue to use it) to condemn a whole industry. Truly unfortunate, because applying them same principles to, say, the airline industry would mean that no aircraft would ever fly because one gets involved in an accident; no juice or softdrink would ever be consumed because some foreign element was seen in a bottle; no tourist bus would ever travel the roads because one falls off a ravine in Baguio; and no hospital would ever accept patients because one hospital botched an operation!

But there is value to the so-called critics of mining, even those who take the most extreme positions. And their value lie in the fact that they keep the industry on its toes – an industry sometimes hesitant to itself call to task its own “members”. To be clear, there is an industry association of mining companies called COMP (Chamber of Mines) but not all mining firms are part of the Chamber. I work for a member company of COMP and I believe that the Chamber should take a more activist stance in calling attention to incidents whether occurring among member companies or non-member ones.

Incidents – that word I used above – is a word I use intentionally. The point being this: no matter how responsible an operation can be – a mining operation, a transport operation, a catering operation, etc – incidents happen because you have such things as Murphy’s Law. Incidents and accidents happen – and when they happen action should be taken immediately to repair the damage, restore the situation and make necessary amends. Heads, if necessary, must roll. But that incidents and accidents will happen is no reason to argue that whatever industry will be subject to such occasions should close and cease operations. That’s what the extremist critics of mining are saying.

I find it amusing that there is an all-out effort to declare the island of Palawan “mining-free” on the argument that Palawan should be preserved for tourism purposes. The argument is grounded on the belief that mining and tourism cannot co-exist. My amusement comes from the fact that Palawan seems to have been uniquely divided by God himself who in his infinite wisdom seems to have condemned the southern part of Palawan to be the mineral rich part, and the central part (where Puerto Princesa is) and the northern portion (where El Nido is) to be dotted with beautiful beaches. The St. Paul Subterranean River, for example, is about 60 kilometers northwest of Puerto Princesa. El Nido is about 270 km north of the city. On the other hand, Barangay Rio Tuba, where Rio Tuba Nickel Mining operates, is about 270 kilometers south of Puerto Princesa – almost a similar distance between Manila and Baguio. For the life of me I have been trying to grasp how a nickel mine in Rio Tuba can damage the Underground River 270 kilometers north of it. It’s just like saying the mine in Mine’s View Park in Baguio poses a serious threat to Manila.

Come to think of it, the mine in Mine’s View Park is why Manileños trooped to Baguio in the first place years ago. And the City of Baguio is now under threat — not because of mining but because of irresponsible and unregulated urban expansion.

I mentioned above that I work for a member-company of the Chamber of Mines. Some of my readers may remember that only recently I was working for a beverage company. I am new to mining, and like perhaps 95% of Filipinos I had never seen a mine (until recently). So my “understanding” of mining and the issues surrounding it were simply based on what I have heard or seen. If you think about it, that can be a dangerous basis for drawing conclusions, don’t you think? Especially if there are interests that help mold what you see or hear according to what they want you to see or hear!

I have to admit, my exposure to mining came as a shock. First, it was because I was brought to a forest which turned out to be a rehabilitated open pit mine. And not just a forest, mind you. It came complete with rice fields and tilapia ponds.

Then I was briefed on how much the mining firm was spending on the community. This was interesting to me because I was proud of the foundation of the beverage company I used to work for, which had a P40 Million annual budget for nationwide programs. Guess what: I was floored to hear of the Social Development Management Programs that under the law have to be funded with 1.5% of the operational budget of the mining firm. This amounted to something like a minimum of P60 million per year, to be spent not nationwide but only on the impact areas of the mining company, in this case 11 of the 22 barangays of Bataraza town! What was also surprising was that the mining company actually spent beyond what the law required, with spending for five years reaching about P500 million or about P100 million a year – the amount being spent, may I stress again, on the 11 barangays that are the impact areas.

This meant a school supervised by La Salle Greenhills that provided free education to employees’ dependents and qualified kids from the town. This meant a primary hospital that was the best equipped in that part of Palawan. Or water systems for mountain barangays affected by water-borne diseases. And, of course, real estate taxes paid to Bataraza town.

No wonder the town of Bataraza has moved from being a fourth class municipality to a first class municipality.

Having said all these I am in full support of the efforts of those individuals – including some people I know quite well – to make sure that our environmental laws are adhered to by the mining industry. It is important that we keep to the barest minimum possible the environmental disturbance caused by mining operations.

But I am convinced that responsible mining can co-exist with tourism, and is an important element in our effort to create a more vibrant economy. I have seen it with my own eyes, and my own body has been tossed and turned from the 5-hour road trip one has to take to go from Puerto Princesa down south to Bataraza town – a mining location so distant from the Underground River or from El Nido that ensures that each can co-exist with the other.

So why, I am often asked, does mining get a bad rap? In my book the answers are simple. First, not all mining operations are done responsibly, and the sins of the irresponsible have to be carried by the responsible. Second, to argue in defense of responsible mining is as politically unpopular today as, say, arguing for a woman’s or a black man’s right to vote a hundred or so years ago. And third: mining companies which have been working responsibly for decades have never had reason to advertise the good they do, since they don’t sell commercial products to the general public. And since we didn’t know anything good about them, when people came to tell us how bad they were, human nature kicked in: it was easy for us to believe.

Here’s hoping the more reasonable minds prevail, and that what is now a debate on anti-mining becomes a push for responsible mining – because respo only way to go about it if we are to maximize the potential of mining.
Written by JOSE BAYANI BAYLON,
Malaya Business In sight.

By Allen V. Estabillo on March 8 2013 7:27 pm

GENERAL SANTOS CITY(MindaNews/08 March) — Anti-mining and environmental groups in South Cotabato province and the neighboring areas have started gathering around [...]]]> Lopez-led signature drive vs SMI’s Tampakan project gains ground

By Allen V. Estabillo on March 8 2013 7:27 pm

Statement of Tampakan Forum on SMI’s funding of KITACO and CAFGUs

25 February 2013

It is deplorable.  Kiblawan Mayor Marivic Diamante  disclosed during the Congressional hearing of the National Cultural Communities of the House of Representatives last  21 February 2013  that Sagittarius Mines, Inc. [...]]]> 30 PIECES OF SILVER FOR SMI’S SECURITY

Statement of Tampakan Forum on SMI’s funding of KITACO and CAFGUs

25 February 2013

It is deplorable.  Kiblawan Mayor Marivic Diamante  disclosed during the Congressional hearing of the National Cultural Communities of the House of Representatives last  21 February 2013  that Sagittarius Mines, Inc. (SMI) is actually providing funds for the allowance and operations of the military and paramilitary groups within the towns of Kiblawan, Tampacan, Columbio, all covered by the SMI mining permit.

Speaking in a matter-of-factly manner, Diamante in her testimony  before the members of the Committee, explained that a memorandum of agreement was signed in July 2006 by the local governments of Kiblawan, Tampakan and Colombio with SMI. This MOA was the basis of the deployment of 120 Civilian Armed Force Geographical Unit (CAFGU) men in the areas, and the creation of the military led Task Force KITACO. Task Force KITACO has been implicated in killings of B’laan leaders and anti-mining activists in the provinces.

The mayor’s report corroborated the testimony of the Col. Norman Marcos Flores, new commander of the 1002nd Brigade, who confirmed that the Philippine Army is providing security to the KITACO growth area and to implement SMI’s community-based security plan in Tampakan and Kiblawan.

Mayor Diamante last October 2012 even  posted a reward of Php300-thousand for the capture of Daguil Capion immediately after the killing of Capion’s wife Juvy and two children. To her this was a gallant move  though she claimed it was  not  her own brainchild but due to the prompting of her colleagues who rationalized that the B’laan’s will not cooperate with them if the bounty is too small. This is callous and deeply insulting to the honor and integrity of the B’laans.

This deadly deal between the Local government units (LGUs) of KITAKO and SMI defies the latter’s claim to the legitimacy of its  claim to bring development in Tampakan. It negates its corporate policy and commitment  to respect the human rights  of the communities where it operates . 

Supporting the CAFGUs  and the military can never be justified by SMI. It has only fanned the divide between those who are for and against the Tampakan Mining Project. And it is a conflict created by SMI’s undue persistence to pursue the mining project despite the legal impediment imposed by the provincial ordinance banning open-pit mining in South Cotabato.

Unfortunately, the Mining Act of 1995 and despite Executive Order (EO) 79,  is focused on  mineral extraction and administrative procedure on how mining and its various phases should be done. We know that conflict is always central to extractive activities like mining given its socially invasive and environmentally destructive nature and processes.  Yet the conflict resolution mechanism provided by RA 7942 is not even sufficient and are not appropriate not to mention the capacity and political will of the regulatory agency such as the MGB to handle and address such conflicts.  It also lacks among others, provision on  access to justice in cases of corporate abuses.

Under the UN“Respect, Protect and Remedy” Framework on Business and Human Rights to which our country is one of the signatories, its foundational principles provide that the state has  State duty to protect against human rights abuses by third parties, including business enterprises, through appropriate policies, regulation, and adjudication; business enterprise has the corporate responsibility to respect human rights, which means that business enterprises should act with due diligence to avoid infringing on the rights of others and to address adverse impacts with which they are involved; and  the state should  provide  greater access to  victims HR violations to effective remedy, both judicial and non-judicial means.

Betrayal is what the Congressional Investigation has uncovered from the testimonies of Mayor Diamante, the military and police officers. A betrayal  by the government who sworn to protect the human rights of the people and  by SMI which has callously and persistently dangled the billions of pesos of expected mining  investment  unheard of in Southeast Asia. A betrayal  with irreparable consequence of digging a big huge and deep  hole big enough to sink  Marbel right in the heart of  the mountains and forest in Bongmal where the majority of the  B’laan communities have lived since time immemorial.

Mayor Diamante’s claim to peace and security along with the police and military  seemed like a hallowed  pact to secure the interest of SMI and the PNoy government’s fetish for investment  to sustain the  economic growth   that it has been bragging about. Yet, the human rights of our B’laan sisters and brothers seemed just a bargain  in exchange of the proverbial 30 pieces of silver for which Judas betrayed Jesus  that led to His Passion and Death.

Today’s  27^th year celebration of EDSA People Power Revolution seemed empty and hallow as we are hounded by the spectre of the Tampakan Mining Project and the conflict it has created among the B’laan communities.

STOP SMI’S DEADLY DEAL WITH TASK FORCE KITACO. DISMANTLE TASK FORCE KITACO. CANCEL THE FTAA OF SMI.

UPHOLD THE RIGHTS OF THE B’LAAN IP COMMUNITIES

Tampakan Forum is  is a technical working group on the Tampakan mining issue.

—

Contact persons:

Atty. Mario E. Maderazo, PMP-AMC Advocacy  and Legal Officer, pmpsecretariat@yahoo.com, 0922-8501873

Jaybee Garganera, ATM National Coordinator, nc@alyansatigilmina.net, 0927-7617602


Farah Sevilla, Policy Research and Advocacy Officer, policy@alyansatigilmina.net, 0915-3313361

February 24, 2013

Kiblawan mayor confirms Sagittarius Mines link to escalating militarization in Tampakan

Says military receives subsidy for allowance and operations

Koronadal City – Kiblawan Mayor Marivic Diamante disclosed that Sagittarius Mines, Inc. (SMI) is actually providing funds for the allowance and operations of the military and paramilitary groups within the [...]]]> Press Release

February 24, 2013

Kiblawan mayor confirms Sagittarius Mines link to escalating militarization in Tampakan

Says military receives subsidy for allowance and operations

Koronadal City – Kiblawan Mayor Marivic Diamante disclosed that Sagittarius Mines, Inc. (SMI) is actually providing funds for the allowance and operations of the military and paramilitary groups within the towns of Kiblawan, Tampacan, Columbio, all covered by the SMI mining permit.

Diamante, in her testimony to the recently-held congressional hearing of the National Cultural Communities Committee, explained that a memorandum of agreement was signed in July 2006 by the local governments of Kiblawan, Tampakan and Colombio with SMI. This MOA was the basis of the deployment of 120 Civilian Armed Force Geographical Unit (CAFGU) men in the areas, and the creation of the military led Task Force KITACO. Task Force KITACO has been implicated in killings of B’laan leaders and anti-mining activists in the provinces.

The congressional hearing held in the provincial gym of Koronadal City was initiated by the Committee Chair Congressman Teddy Baguilat, Jr, to look into the intensifying militarization in the provinces and the series of killings of indigenous peoples within mining areas, with particular focus on the massacre of Juvy Capion and her two children in October 2012.  The family of Capion is known to be leading the struggle for the B’laans ancestral domain, and against SMI.

SMI community-based security plan

The mayor’s report corroborated the testimony of the Col. Norman Marcos Flores, new commander of the 1002nd Brigade, who confirmed that the Philippine Army is providing security to the KITACO growth area and to implement SMI’s community-based security plan in Tampakan and Kiblawan.

The Philippine Army identified 128 incidents of security threat against SMI from 2007-2012, and they find this as a valid reason for their presence in the area to offer protection for the mining company.  In exchange for this, SMI provides monthly allocation for the operations, for gasoline, and allowance for CAFGUs directly deployed in Kitaco areas.  SMI has doubled the monthly allowance of each CAFGU from the government budget of Php2,700/month to Php5,400.

Government-SMI collaboration against mining-affected communities, indigenous peoples

Rene Pamplona, of Social Action Center (SAC-Marbel) said, “Instead of the military defending the people—it defends and protects foreign investments and kills community members The government is killing its own people because of this mining problem. Depite the killings, and the violence in SMI mining areas, the government still issued the environmental compliance certificate (ECC). ”

SAC-Marbel is helping indigenous peoples in dealing with the killings and other human rights violations due to the militarization of their ancestral lands.

Alyansa Tigil Mina (ATM) sites of struggle officer Daniel Arias said: “SMI can no longer deny that these killings are rooted in the presence of its mining project and this was confirmed by the testimony of Mayor Diamante and the military. Truly, the blood of Juvy, and her children, Kitari, and all others who were killed are in their hands!”

“The situation painted by the testimonies of the military, the police, Mayor Diamante and the B’laans is very clear – the military is paid by SMI to protect its investment at all cost, even at the cost of the lives of the B’laans who are fighting for their land. And the Aquino government? It just issued the ECC to SMI. So the bias is clear. And it’s tragic,”  Judy A. Pasimio of LILAK (Purple Action for Indigenous Women’s Rights) added.

Philippine Miserior Parnerships Inc Anti Mining Campaign Advocacy Officer Atty. Macki Maderazon who was also present during the said hearing further said: “This deadly deal between the LGUs of Kiblawan, Tampakan, Columbio  and SMI puts the human rights of the mining-affected communities especially those who oppose it at greater risk of being violated further.

“This is not in accord with the  duty of the government to protect the human rights of the people against  corporate abuses and with the responsibility  of corporations to respect human rights under the UN Framework  and Guiding Principle on Business and Human Rights to which our government is one of the signatories. Policy on greater accountability of mining corporations and affording remedies to victims of corporate abuses should now be considered in Congress. The current mining law and even the new E.O. 79 failed to consider this.”

Meanwhile Rep. Baguilat in his closing message said that it is wrong to identify indigenous peoples who are opposing mining as bandits. He added, as an indigenous person himself that for them land is life and it is their right to defend their ancestral lands.
Baguilat concluded: “Kung anu ang desisyon ng pamayanang katutubo, yun ang dapat sundin at i-respeto.”

Mayor Diamante last year posted a reward of Php300-thousand for the capture of Daguil Capion immediately after the killing of Capion’s wife Juvy and two children. (Read: http://www.sunstar.com.ph/superbalita-davao/balita/2012/10/21/p300000-ganti-sa-makatudlo-sa-gitagoan-ni-daguil-capion-249099) She added in her testimony that she did this so that community members will be motivated to point out where Capion can be found, as he is considered a bandit.

During the public hearing, a survivor (minor, not to be named) and witnesses to the Capion massacre last October 19 were interviewed by Congs. Nancy Catamco, Neri Colmenares, Luz Ilagan, and Manny Pacquiao. Thereafter, the representatives found serious flaws in the way the case was handled by the military and the police.

Sagittarius Mines Inc (SMI) is the local partner of Swiss Xstrata and Indophil for the Tampakan Copper-Gold Project. It has been awarded a mining permit over ancestral domains of the B’laans.

Tampakan Forum is a technical working group on the Tampakan mining issue.

For more information:

Atty. Macki Maderazo, PMP-AMC Advocacy Coordinator, pmpsecretariat@yahoo.com, 0922-8501873

Jaybee Garganera, ATM National Coordinator, nc@alyansatigilmina.net, 0927-7617602

Farah Sevilla, Policy Research and Advocacy Officer, policy@alyansatigilmina.net, 0915-3313361

There were only around six of us at the time, waiting for the other members of [...]]]> We received the news moments before the gathering we scheduled at the U.P. Baguio auditorium yesterday afternoon. “TEPO extended until after the case is resolved.” The text message came from a member of the movement’s legal team, Atty. Chris Donaal.

There were only around six of us at the time, waiting for the other members of the movement to arrive, but our shouts of joy filled up the still empty hall.

It is a temporary victory, but a victory nonetheless. I have said it before, for every day that those trees stay alive is already a vitory for the city.

Whatever remains of the 182 trees since SM City Baguio, a like a thief in the night, proceeded to begin the massacre under cover of darkness and hidden behind walls, on the night of April 9, 2012, despite the issuance of a Temporary Environmental Protection Order by the court.

Moments before receiving the message from Donaal, we were already contemplating what to do in case we lose this struggle. You can’t blame us, almost all of our government institutions have turned their backs on the people and their opposition to the rape of their home’s natural environment. Despite the issuance of a 72-day stay of the execution of trees by the court, SM City Baguio, through devious legal maneuverings, tried to skirt the law claiming that the TEPO must be served to their lawyers in Manila and not here in Baguio. This meant, for them, that “officially,” they have not received the order and therefore it doesn’t exist and that they can go on with their earthablling activities on Luneta Hill. That night, trees started falling on Luneta Hill.

Some young members of the movement went to the Mayor’s residence to plead our case with him – his hands are tied, was essentially his reply. The concerned City Council committee, and the councilors who signed their report,have showed their true color when it all but directly endorsed SM City Baguio’s expansion project. And when we begged the police that same evening to do help enforce the court order, they watched on the sidelines as more than 50 security guards and personnel of SM City Baguio surrounded the roughly one dozen of us who were there to try to stop the crime being committed against the environment, against Baguio. They were there, around 10 or so of them, on the other side of Luneta Road, watching, as guards shoved and pushed us around. This is the same police force that can form a human barricade of police officers complete with shields and truncheons ready to protect SM City Baguio whenever we stage a rally on Luneta Hill. This is the same police personnel whose salaries the people’s taxes pay for.

And this is what it’s all about – clearly, it’s not just about the 182 trees on Luneta Hill, and even if it were so, so what? See, those trees, just like the Jadewell contract and the concrete pine tree, represent all that is wrong in our society, they uncovered a rotten political system that is the true cause of all our woes. They showed us what caused the garbage slide in Irisan, the pollution that envelope Baguio, the slow decay of this beautiful city, the sorry state of our educational system, the poverty all around us.

Congratulations, Baguio, on this temporary victory. It’s not over yet…

(This article also appeared in Cordillera Today)

###

This article was first published at ABS-CBN News and originally written by KARLO MARKO ALTOMONTE of Project Save 182.

After keynoting the 9th International Igorot Conference attended by Cordillerans based abroad, he told reporters that today’s meeting would be joined [...]]]> BAGUIO CITY—Local Government Secretary Jesse Robredo said a dialogue will be held at the National Police Commission office in Makati City to help resolve the environmental issues on the expansion of SM mall here.

After keynoting the 9th International Igorot Conference attended by Cordillerans based abroad, he told reporters that today’s meeting would be joined by city executives and representatives from advocates such as the Save 182 Movement.

Clarence Baguilat, regional director of the Department of Environment and Natural Resources-Cordillera, confirmed in an interview that Secretary Ramon Paje instructed him to attend the dialogue along with fellow executives who witnessed the start of earthballing for the retail giant’s P1-billion expansion.

Robredo said a speedy resolution is imperative to avoid any undue damage to the local economy by giving conflicting signals to investors.

“Any company wanting to put up a business would like to earn the goodwill of everybody but also expects there is a reasonable understanding on the part of the people,” he told Manila Standard.

SM Supermalls vice president for Operations Engr. Bien Mateo confirmed on Friday that 43 trees were earthballed in the presence of environment regional staff.

Asked about SM’s stand, Mateo said that the firm remained responsive to sustainable development in the environment, economy and society.

“Our commitment goes beyond caring for the trees, it includes air quality, water conservation and energy efficiency.”

Last Friday, Presiding Judge Antonio Esteves of Baguio’s Regional Trial Court Branch 5 ordered the extension of the 72-hour Temporary Environment Protection Order, stopping SM Investment Corp. from proceeding with its planned earthballing pending termination of the case.

Based on SM plan, the mall will build a three-story extension near the University of the Cordilleras allotting 1,200 parking slots.

###

This article was first published at the Manila Standard Today and originally written by DEXTER A. SEE. 

A letter signed by Bishop Carlito Cenzon and 14 priests, which [...]]]> BAGUIO CITY—The Catholic diocese of Baguio on Sunday suspended the holding of Masses at the SM City Baguio in protest of the earth balling or transfer of 182 pine and alnus trees in its Luneta Hill compound to make way for the mall’s expansion.

A letter signed by Bishop Carlito Cenzon and 14 priests, which was read in Masses in the city, said the bishop decided to withhold the permission to celebrate the Eucharist at SM after consulting with parish priests here.

Masses are held every 9 a.m. on Sunday at SM City Baguio’s atrium to allow shoppers to worship before the mall opens at 10 a.m.

The letter said other religious activities, such as blessings, at the mall’s premises will not be allowed starting April 15.

“Our concern for the good of our people entails the care for the environment. This is the consistent social teaching of the Catholic Church,” Cenzon and the priests said in the letter, which was also published in a local weekly.

“The plan of SM to cut down or earth ball 182 trees at Luneta Hill in order to develop further its business establishment has met stiff resistance and protests from the people of our city. Despite all these reactions, SM has continued with its plan,” they said.

“Since the Holy Mass is the most sacred worship of the Church that presupposes the spirit of reconciliation and unity, the bishop, in consultation with the parish priests of Baguio, is withholding the permission to celebrate the Eucharist at SM,” they added.

On Wednesday, Cenzon and environmental advocates led some 1,000 residents in protesting the earth balling of trees at the shopping mall compound, which started Monday night.

The Baguio Regional Trial Court, however, issued on Tuesday a 72-hour temporary environmental protection order (TEPO) that directed the mall management to stop moving trees at Luneta Hill. The TEPO expired on Friday but the court extended it indefinitely.

SM, in an earlier statement, said its representatives from Metro Manila went to Baguio City on Wednesday to receive a copy of the TEPO. It said the company had suspended the earth balling in Luneta Hill.

Clarence Baguilat, the Department of Environment and Natural Resources (DENR) director in the Cordilleras, said 40 alnus trees and a pine tree were uprooted and transplanted to a different site in Luneta Hill by workers hired by SM in the presence of DENR personnel.

SM, in another statement, reiterated that the P1.2-billion expansion and redevelopment of SM City Baguio would be environmentally sustainable.

It said the project would better serve its customers as the first shopping mall in northern Luzon designed to be certified LEED [Leadership in Energy and Environmental Design], the internationally recognized standard for green building design and construction developed by the United States Green Building Council.

Interior Secretary Jesse Robredo, in a visit here on Thursday, said Malacañang would gather on Monday SM officials and representatives from the city government and environmental groups to settle their dispute over the displacement of trees from Luneta Hill.

###

This article was first published at the Philippine Daily Inquirer and originally written by INQUIRER NORTHERN LUZON.

The order was issued shortly before 5 p.m. Friday, staying any improvement  at  Luneta Hill “until after the termination of the [...]]]> BAGUIO CITY — Presiding Judge Antonio Esteves, of Regional Trial Court Branch 5, extended the Temporary Environment Protection Order, stopping SM Investment Corp. from cutting and earthballing any tree for its P1-billion mall expansion.

The order was issued shortly before 5 p.m. Friday, staying any improvement  at  Luneta Hill “until after the termination of the proceedings in this case.”

The TEPO applicants included Cordillera Global Network, Cordillera Peoples Alliance, Cordillera Ecological Coalition and other advocates seeking to preserve 182 trees to be displaced.

SM’s contractor allegedly started earthballing on the night of April 10 for 42 alnus trees and one pine tree.

The position of SM management was supported by expert witness Dr. Armando Manito Palijon, who gave credence to the merits of replanting new stocks or appropriate transplanting as mitigating measures over oxygen depletion due to the project.

He said shock to the plants is taken care of nursery technology such as pruning roots and applying growth hormones for about two months to ensure high survival rates.

“Admittedly, it has a temporary effect in the environment so that when an earthballed tree survives the process, it will eventually give back the benefits,” the court said, citing that Palijon testified that a sky garden to be built in the upper deck of the SM parking bay will compensate the loss of the cut or earthballed trees.

Mayor Mauricio Domogan called on all parties to comply with the recent court order and await future said the court has spoken and all parties are expected to respect its decision.

###

This article was first published at the Manila Standard Today and originally written by DEXTER A. SEE.