TRO Filed vs. Lafayette

Some 800 petitioners who come from various walks of life, including church people, environmental activists, students, academicians, musicians, film and television personalities, and a former beauty queen banded together for a common cause, to stop the operations of La Fayette Philippines, Inc.

BY jeremiahs Antonio III
Bulatlat

Some 800 petitioners filed a temporary restraining order (TRO) before the Makati Regional Trial Court (RTC) last week seeking to enjoin Secretary Angelo Reyes of the Department of Environment and Natural Resources (DENR) and Lafayette Philippines Inc. (LPI) from performing a 30-day test run in Rapu-Rapu Island in Albay.

Kalikasan-People's Network for the Environment in an e-mail sent to Bulatlat stated, "In a new bid to stop the polymetallic mining project, residents of the island, Sorsogon and Albay, environmental activist groups, fisherfolk organizations, church people, militant groups and television personalities filed a class suit against Lafayette."

In their 33-page complaint, Kalikasan, Defend Patrimony, Pamalakaya (National Federation of Small Fisherfolk Organizations in the Philippines), residents of Rapu-Rapu Island, Albay and Sorsogon, religious groups, students, academicians and other concerned citizens said, " the petitioners primarily residents of Rapu-Rapu want to permanently restrain the ongoing acts of respondents Secretary Reyes and LPI as well as claim damages for the injuries sustained by the residents in two tail spills last October 2005."

"We likewise seek to enjoin respondents from further mining Rapu-Rapu area in view of the grave injustice and irreparable damage to the environment caused by Lafayette's mining activities and all those that may still be caused by them as a result of ongoing operations," the petitioners said.

Sec. Reyes had granted the 30-day test run to the Australian mining firm purportedly to determine if Lafayette can implement responsible mining operations in Rapu-Rapu Island after last year’s two toxic spills that caused huge damages to the marine environment and the livelihood of small fishermen.

Nature of petition

The petitioners said the TRO and injunction filed at the Makati RTC was a class suit because the complainants represent citizens of the Republic, and residents and non-residents of Rapu-Rapu Island who are entitled to the full benefit, use and enjoyment of natural resources in Rapu-Rapu Island.

They said the petition was filed in the name of the preservation of the resources of Rapu-Rapu Island and to claim for damages representing environmental, economic and health-related problems emanating from the operations of Lafayette.

Since most of the petitioners were classified under the law as pauper-litigants comprised mostly of poor fishermen, farmers, students and other indigent members of the community without adequate income, money, property for food, shelter and basic necessities, they applied for exemptions from paying filing fees, posting bond and other expenses incidental to the petition as required by the Rules of Court.

Howard Calleja, one the legal counsels of the 800 petitioners said the petition for the issuance of TRO and injunction is based on Rule 58 of the 1997 Rules of Civil Procedure seeking to enjoin the respondents from performing mining operations under the 30-day test run period.

The group's legal counsel said allowing Lafayette's mining activities in Rapu-Rapu Island will continue to set a very dangerous precedent to future mining activities in the area since the Australian mining group is the first foreign-owned mine in the country, and despite its relatively small size is regarded by the Philippine government as key to attracting other transnational mining companies.

"As for the petitioners, they are invoking their constitutionally-guaranteed right to a balanced and healthy ecology as well as their right to health," the lawyer said.

Personalities against La Fayette

Joining as petitioners in the class suit against Lafayette were 1999 Miss Universe first runner up and television host Miriam Quiambao, multi-awarded actress and environmental activist Chinchin Gutierrez, alternative musicians Gary Granada and Chickoy Pura, and character actor Roy Alvarez.

Quiambao and Gutierrez joined Rapu-Rapu residents and environmental activists in the actual filing of the case against Lafayette at the Makati RTC.

Quiambao said, "It is a shame that people's lives and the environment are being put at risk for the sake of the mining operation. I hope that people in government will make decisions that will be beneficial to more people than a few. Lives, especially people's lives, are too precious."

Gutierrez for her part, said environmentalists are not against mining per se. "What we are against is how mining is being done in this country, without regard to people, the environment, and the country's future. The present situation barely provides for economic, social and cultural sustainability for the present generation. Why should people and the environment always have to pay the cost to benefit a few" she said.

Voices from the grassroots

Sixty-year old Nenita Como, a grandmother and resident of Rapu-Rapu Island, told Bulatlat she joined the petition to stop Lafayette's destruction of the area and to save the environment and the future of Rapu-Rapu's children.

Antonio Casetas, another Rapu-Rapu local and head servant of the island-wide environmental group Sagip Isla, Sagip Kapwa said it was difficult to understand how the government can allow Lafayette to continue mining when it has already seen how the Australian mining company violated the country's laws, cheated the government of taxes, undermined the safety of communities and caused irreversible damage to the environment.

Fisherfolk leader Arieto Radores of Lambat-Bicol, a regional alliance of small fisherfolk groups in Bicol region said the protests in the streets will continue, even with the heavy deployment of military troops in Rapu-Rapu Island.

"Rapu-Rapu, which was once a peaceful and productive island, is now wrapped in apprehension and fear," he said.

People of Rapu-Rapu vs. Reyes, Lafayette

"The case People of Rapu-Rapu and the Philippines vs. Secretary Angelo Reyes and Lafayette Philippines Inc. will be carried out not only in this regular court, but also in the parliament of the streets and in the court of public opinion," said Pamalakaya national chair Fernando Hicap.

Hicap added: "Lafayette paid propagandists and their apologists like Secretary Reyes can flaunt their millions and empty promises to the people, but they cannot buy or cover up the truth, that this Australian mining firm in Rapu-Rapu will not really create jobs or give fortune but will further destroy the future of the people in the name of monopoly profits."

This is not the first legal action taken by Pamalakaya regarding the Lafayette case. On February 14, Pamalakaya leaders, together with militant lawmakers Crispin Beltran and Rafael Mariano of Anakpawis party list and Liza Maza of Gabriela party list filed graft complaints at the Office of the Ombudsman against President Gloria Macapagal-Arroyo, former DENR Sec. Michael Defensor and Lafayette country manager Rod Watt in connection with Lafayette's mining spills.

"The 30-day test run granted to Lafayette is against the collective interest of the Rapu-Rapu fisherfolk and residents. Secretary Reyes and the Lafayette capitalists are again gambling on people's lives and the fragile environment in the name of super profits and fat kickbacks of those in power," the group asserted.

Pamalakaya stressed that the damning evidence against Lafayette eclipses the prima facie evidence required by law to advance the case. "Facts and figures show the Australian mining is guilty beyond reasonable doubt of destroying the livelihood of the people and the environment. We hope the court will uphold this statement of facts and reason and deliver justice to Lafayette's victims last year," the group added. Bulatlat

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