Letter Shows Lafayette Mining Corporation Ordering PGMA

The letter of Lafayette Philippines Inc. (LPI) dated Feb. 26, 2004 to President Gloria Macapagal-Arroyo, asking the chief executive to direct the Philippine Economic Zone Authority (PEZA) to forward the application of the Rapu-Rapu Polymetallic Project to her office, showed that the Australian mining firm exerted undue influence, coerced and commanded the highest official in the land to act favorably on the demand of LPI. This was the basis of the complaint filed by militant fisherfolk group Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) against President Arroyo, two cabinet members, and mining officials led by Rod Watt, country manager of Lafayette Philippines before the Office of the Ombudsman.

BY JEREMIAHS ANTONIO III
Bulatlat

The letter of Lafayette Philippines Inc. (LPI) dated Feb. 26, 2004 to President Gloria Macapagal-Arroyo, asking the chief executive to direct the Philippine Economic Zone Authority (PEZA) to forward the application of the Rapu-Rapu Polymetallic Project to her office, showed that the Australian mining firm exerted undue influence, coerced and commanded the highest office in the land to act favorably on the demand of LPI.

This was revealed by the militant fisherfolk group Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya), which last Valentine’s Day filed a complaint at the Office of the Ombudsman against President Arroyo, Foreign Affairs Secretary Alberto Romulo, former DENR Secretary Michael Defensor, Rod Watt, country manager of Lafayette Philippines and Wilhelm Ortaliz, Lafayette’s project manager.

“Is Lafayette’s Rod Watt enjoying supreme and sovereign power over the President of the Republic?” Pamalakaya stated. “The tone of the letter is so obvious. He was instructing, commanding and ordering Ms Arroyo to act favorably on the request of the Australian mining firm.”

“This is disgusting. It shows the puppetry of Ms Arroyo and Lafayette's arrogance," Pamalakaya national chair Fernando Hicap told Bulatlat in an interview 30 minutes before the actual filing. Hicap led eight other complainants including militant lawmakers Rafael Mariano and Crispin Beltran of Anakpawis (Toiling Masses) Party-list and Liza Maza of Gabriela Women’s Party (GWP).

The other complainants were Victor Lapaz, chair of the Cebu-based fisherfolk alliance Pamana-Sugbo, Paula Distor, spokesperson of Bokkana-Bohol, Editho Namion of Pamalakaya-Negros, Darwin Abila of Lambat-Masbate and Arieto Radores of Lambat-Bicol.

In their 20-page complaint filed at the Office of the Ombudsman, the militant group cited the Feb. 26, 2004 Lafayette's letter to Ms Arroyo, asking her to order Philippine Economic Zone Authority (PEZA) to direct the application of the mining firm to her office where it can be acted favorably even without the concurrence of the Rapu-Rapu mayor Dick Galicia.

"Lafayette acted as if it is a sovereign economic and political power in the country even telling Ms Arroyo to use her office and violate the country's laws and shortcut processes to facilitate the entry of this toxic emitting giant in the country," Hicap said. "Ms Arroyo really betrayed national interest and public trust on Lafayette's case by playing their game religiously.

" Imagine the country manager of Lafayette not only calling the shots inside Lafayette, but calling the shots as well inside the Office of the President," Hicap added. "This is totally and grossly revolting and damaging to 85 million Filipinos."  

The mining firm signed by Lafayette's country manager Rod Watt said only the Office of the President can act on the company's request to proceed with the operations without the approval of the Rapu-Rapu mayor and justify the approval of PEZA declaring the island as economic zone.

"Unless the OP acts swiftly, as we have mentioned above, the project development will not proceed," Watt further said. "It is of urgency therefore that we are very concerned about the PEZA status of the project in particular the timetable of its proclamation. We anticipate, that except for the mayor's concurrence, our PEZA application will be ready for proclamation by third week of March 2004 at the latest."

"Dirty corporate games"

Pamalakaya said Lafayette officials played their dirty corporate games and violated environmental laws, regulations and processes capitalizing on the puppetry of President Arroyo and her environment officials.

The group made this statement based on the rundown of events that led to President Arroyo's approval of Lafayette's request to mine 80 percent or 4,000 hectares out of the 5,000 hectares of the island.

On November 19, 2003, the Sangguniang Bayan (Municipal Council) of Rapu-Rapu allegedly passed Resolution No.150-2003, which purportedly approved Lafayette mining operations and endorsed LPI's application to PEZA.  On December 13, 2003, the PEZA approved resolution No. 03-320 granting pre-qualification clearance for the declaration  of Malobago and Pagcolbon villages in Rapu-Rapu as a special economic zone.

On December 16, 2003, Lilia de Lima, director general of PEZA wrote Rapu-Rapu Mayor Dick Galicia requesting for the concurrence on the proposed establishment of the Rapu-Rapu Ecozone.  But the mayor in his letter dated January 22, 2004 to de Lima said the Sangguniang Bayan resolution cannot be a basis for such attestation since it did not pass through the Mayor's office for appropriate action.

On April 14, 2004, PEZA endorsed LPI application to the Office of the President without the concurrence of the Rapu-Rapu mayor and on May 1, 2004, Macapagal-Arroyo issued proclamation No.625 entitled " Creating and Designating Certain Parcels of Land of the Private Domain Situated at Barangays Malobago and Pagcolbon as special economic zone pursuant to RA 7916 as amended by RA 8748.

On Nov. 17, 2004, the Secretary of Sangguniang Bayan of Rapu-Rapu, Mr. Allan Asuncion informed Lafayette project manager Ortaliz that SB Resolution No. 150-2003 was never adopted or approved by the Sangguniang Bayan of Rapu-Rapu, Albay.

On Jan. 5, 2005, the Sangguniang Bayan of Rapu-Rapu adopted and approved SB Resolution no. 068-2005 declaring null and void the previous resolution of the municipal council supporting the Rapu-Rapu mining operations in the area.

Stellar cast of transnational mining agents

Aside from President Arroyo, Romulo, Defensor and ex-DoE Secretary Vince Perez, those named respondents in violations of Anti-Graft and Corrupt Practices Act, the Code of Conduct and Ethical Standards for Public Officials and other pertinent environmental laws were Gilbert Gonzales, Regional Director,Environmental Management  Bureau of the Department of Environment and Natural Resources (DENR) -Region V, Oscar Hamada, DENR Region V regional executive director, PEZA's de Lima and Ortaliz, Antonio Labios, DoE Area Director for Region VII, Jun Erasmo Villafane and William Cunado , Regional Director and Chief of Environmental Impact Assessment (EIA) Division of DENR in Region VII.

"This stellar cast of transnational mining agents and sellers of national patrimony deserved their days in court," Pamalakaya stated. "We hope the Ombudsman this time will side on the collective will of the people rather than play its traditional role as servants of monopoly and corporate interests and bureaucratic capitalists in the government," Pamalakaya said.

According to the complaints the respondents headed by Macapagal-Arroyo and other key government officials made violations of the Anti-Graft and Corrupt Practices Act or RA 3019, the Code of Conduct and Ethical Standards or RA 6713 and other pertinent environmental laws in allowing Lafayette to conduct operations in Rapu-Rapu, Albay, in allowing oil and gas explorations in Tañon Strait (a protected seascape between Cebu and Negros islands) and Cebu Strait separating Cebu and Bohol and for distributing 4,968 environmental compliance certificates (ECCs) last year.

Ten-day ultimatum

"I think ten days is enough to have this case addressed and solved. It is just a matter of political will," Lapaz said. "If she refuses to act on our legitimate concern, we have no other option but to pull out the complaint and heighten the resistance in the streets and the seas all across the archipelago."

On Feb.24, the 20th anniversary commemoration of the People Power 1 uprising, Pamana-Sugbo in Cebu will hold a fluvial rally from Talisay City to Malacañang of the South in Cebu City to protest the oil drilling in Cebu, Negros and Bohol waters. Lapaz said they would also float water proof placards in several coastal towns in the island province to demand the scrapping of oil exploration projects in Cebu.

Also on Feb. 24, Boholano fisherfolk belonging to Bokkana-Bohol will sail away streamers and placards in District 1 and hold a fluvial protest in District 2. The group said fisherfolks are ready to confront and physically stop the commercial vessel that would be used by the oil explorers in case the Office of the Ombudsman fail to stop the "Arroyo gang" from extracting the oil and gas reserves in Cebu Strait.

Pamalakaya-Negros stated that no less than 1,000 fisherfolk will stage a camp-out outside the Bureau of Fisheries and Aquatic Resources (BFAR) office in Bacolod City, while a fluvial parade will be staged on Feb. 24 in front of said office the following day.

For his part, Lambat-Bicol secretary general Arieto Radores will stage a fluvial rally from Rapu-Rapu Island to Legaspi City in Albay to press for the closure of Lafayette Philippines Inc. In the case of Lambat-Masbate, fisherfolk will cross the sea from Masbate City to Donsol town in Sorsogon to protest the oil exploration activities in Visayan Sea.

"Malacañang always say that charges against President Arroyo should be filed in an appropriate venue to give her a day in court," he said. "Well, this is it. Although Ms Arroyo's days are numbered because of the looming people power, we will still give her a day in court that is why we are filing this case against her and her colleagues of anti-people officials and private associates before the Office of the Ombudsman."

Valentine’s Day gift to GMA-Mike "political love team"

Anakpawis Rep. Rafael Mariano said the complaint against Macapagal-Arroyo and  Defensor is a "Valentine’s Day gift" to the anti-people and anti-environment 'political love team' of Ms Arroyo and Secretary Defensor, the farmer-legislator echoed the Pamalakaya leaders' call for Gutierrez to act swiftly on the complaint.

"I hope that this case will not gather dust in the Ombudsman's office," Mariano said.

"Gutierrez should not wait for another congressional investigation before acting on this case," Mariano added, referring to the plunder case filed by the Kilusang Magbubukid ng Pilipinas in June 2004 in connection with P728-million fertilizer fund scam.

Gutierrez, an Arroyo appointee, is a former classmate of First Gentleman Mike Arroyo.

Mariano maintained that "Ms Arroyo and Defensor trampled upon the country's national sovereignty and patrimony" in allowing the Melbourne-based Lafayette Mining Corp. to conduct operations in Rapu-Rapu, and tolerating oil and gas explorations in Tanon Strait - a protected sea between Cebu and Negros island provinces.

Rep. Crispin Beltran, also of Anakpawis, said Defensor played cupid between President Arroyo and foreign mining corporations such as Lafayette. He said it was high time that Defensor should be probed and made accountable for his "heartless" sell-out of national patrimony and sweetheart deals with foreign mining corporations.

"Mr. Defensor has shown no love for his country nor the Filipino toiling masses who are foremost affected and devastated by these environmental disasters caused by his unpatriotic kowtowing to foreign mining and oil interests," he added. "He and other like-minded officials should be made to account for their crimes against the people." Bulatlat

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