PUNYAL... Mt. Kanlaon

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When we look at Mt. Kanlaon, we see a gasping paradise for myriad species of animals and plants eking out a tottering existence on little more than a patch of what was once a thriving forest. When we stare in amazement at the dominating form of the majestic volcano, we see the center of a vast environmental network that has supported life for farming villages and communities and maintained ecological balance.

Yet, the Lopez-controlled Energy Development Corporation (EDC) is poised to change all these. The EDC has started to cut down trees in the 169-hectare buffer zone of the protected Mt. Kanlaon National Park (MKNP) for geothermal exploration. Aside from the fact that this is plainly illegal, as the buffer zone is considered a protected area by Republic Acts 7586 and 9154, the geothermal exploration threatens the fragile ecosystem of the island of Negros. And for what? The primodial concern for the Lopezes, for which everything else must be subordinated, is nothing more than crass monopolistic profit in the energy sector.

We condemn this wanton destruction of a vital life support for the people of Negros in the name of capitalistic gain. We condemn this genocidal drive for profit that trifles with the lives of many for the enrichment of a few. This licensed murder must be stopped NOW!

We support the legal struggle waged by the Task Force Kanlaon in seeking to enjoin, before the Regional Trial Court of Bacolod City, the unabated geothermal exploration by the EDC within the MKNP buffer zone. In addition to that, we join the growing mass campaign to save Mt. Kanlaon, which is part of our struggle against capitalist exploitation and our fight for social justice, sustainable development and inter-generational responsibility.

Let us not test the wrath of nature. For when it comes its destructive force shall make no distinction between rich and poor.

SAVE MOUNT KANLAON. STOP THE GEOTHERMAL EXPLORATION!

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SAVE Mt. Kanlaon Campaign Updates

Green Alert Negros Coordinator Mark Cervantes writes an update about the latest hearing of the court case against PNOC-EDC seeking a temporary restraining order (TRO) for the geothermal project that will encroach inside the Mt. Kanlaon, a protected area. Green Alert is part of the effort to facilitate the formation of a local Partido Kalikasan group in the island of Negros.



JUSTICE DELAYED is JUSTICE DENIED!

October 23 2008

Dear Friends;

This is just to share some of my observations during yesterday's 3rd court hearing for the TRO case we have filed against the petitioners, EDC, DOE and DENR.

It was my first time to attend the said hearing after my absence in the campaign for 3 long months. although i was able to hear some disappointments in the previous 2 hearings, i opted to attend in yesterday's hearing to know the dynamics in how the court handle such case.

We arrived in Branch 44 of the Hall of Justice in Bacolod 8:00 in the morning since we where advised that the hearing will start 8:30 in the morning, I was with two other Green Alert volunteers. Then Sister Aurora and her companion arrived and we had a brief chat on what happened in the previous hearing and how to take the campaign from there.

A lot of people arrived which i thought was there to listen and hear the proceedings. well, it was for the first case to he heard. then, 2 gentlement wearing coat and tie arrived together with their female companion. at first glance i knew they where the counsel for the defendants. the other counsel was wearing a blue barong and Tita Dudz Locsin told me he was the counsel for PAMB.

Then Judge Bulonio arrived and the court proceedings started. It started to read some of the cases to be tackled that day and some court rules was read, etc, etc.

The moment to hear the TRO case came. I was excited and somehow curious on how the counsels for both the petitioners and the defendants would handle the case. Atty. Andrea Si and Atty. Hagad (?) sat on the left side of the counsel stand while the counsel for the defendants sat in the right side just infront of me.

Then began the presentation of the documents and was followed by some oral arguments. the Solicitor General of DENR presented some merits of the case. they have informed the Honorable Judge that they submitted the reply to the complaints of the petitioners but the honorable court wasnt able to receive the said document. From there on, Judge Bulonio stressed that we could not proceed in the said hearing because no documents was received as a reply to the complaint of the petiioners.

Then, Atty Andrea Si asked the Solicitor General of DENR if he brought with him the copy of the said reply and Atty Si got some sour comments from the Solicitor General citing the rules of court that any documents can be forwarded to the judge through snail mail and there is no rules applied that they can bring documents during the proceedings unless deemed necessary. that was the first technical defense of the Solicitor General.

Then Atty Si asked if the counsel for the EDC and DOE have the same copy of the reply of the DENR and both said no. That is the second technical scam in the court proceedings. Then the counsel for DOE submitted advance copies to the Judge on their reply to the complaint but it was not admissable to the court on the said proeceedings. Worst, EDC dont have any documents or played dumb and deaf during the whole proceedings.

Our counsels, Atty. Si and Atty Hagad tried to make some means to let the judge decide to proceed on the hearing of the case. Atty. Si asked the Solicitor General to produce a copy of the reply within the day and asked the Judge to continue with the hearing in the afternoon. The Solicitor General of DENR in good faith, replied to Atty Si that they will submit the reply through facsimile to the court that very afternoon. But then, the Judge ruled that it could not continue the hearing in the afternoon since it will take time for the court to review the said reply. Well, we know it was a dead end.

The cousel of the defendants tried to sway the court proceedings with non-sense technical rules of court. This has always been the case in court proceedings which reminds me about what happened on the first case prior to the TRO case where Atty. Lorendo Dilag requested the Judge to reset the hearing of their own case 3 months from now.

No matter what our good counselor do to convince the Judge and the counsel for the defendants to commence in the hearing that very day, they failed. Then it was an argument to when the next hearing will be. Schedules and hearing commitments consumed the court. Our counsel wanted to hear the case again the soonest time possible because the Honorable Judge is retiring by November. The counsel for the defendants are wise to take a note of this and they tried there very best to set the next scheduled hearing after the judge has retired. Well, thats the way it is.

So an agreement was made on the schedule of the next hearing and this will be on Nov. 7, 18 and December 17.

It seems that we have to adjust with the whims and caprices of the counsel of the defendants. The judge could have strongly ruled to prioritize the case and perhaps reset their previous commitments. Our counsel, Atty. Si and Atty Hagad looked very pissed (I know they are) and frustrated but still managed to composed theirselves.

Documents, evidences and witnesses are essential to a court proceeding and that is the meat of any court hearings. But then, technicalities put a bad stab in the essence of the process. The DENR, DOE and EDC knows this very well, DELAY DELAY DELAY so that EDC can proceed in their clearing operations.

One thing that also struck me is the closeness between EDC and the DENR personnel here in Negros. Is EDC part of DENR or vice versa? I could not help but to doubt on this because the day before the hearing, I asked PENRO Duran for a meeting to hear our request for entry in the 12.5 hectares but then i was shocked to see someone from EDC during the meeting. Are they hiding something from us or they're just afraid.

Well, KUDOS to Atty. Si and Atty. Hagad. There efforts to take the challenges of this celebrated case will be appreaciated by today's generation and in the future generation. Win or lose, you already have earned the respect of the people.

See you in the next TRO hearing!

Mark Cervantes, Coordinator-Green Alert Negros

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