Antimining Group in N. Vizcaya Hits Court Extension of Ban on Barricades

PROTEST TALKS Police officials, led by Kasibu police chief Capt. Lloyd Guillermo, face antimining protesters on Aug. 19,an encounter that later led to the arrest of two men and a woman. —Photo from Kasibu Police Station
BAYOMBONG, NUEVA VIZCAYA, Philippines — An antimining group in this province condemned a regional trial court’s decision to extend a temporary ban on protest barricades blocking public roads leading to mining exploration sites in Kasibu town, saying the order could further restrict residents’ opposition to the project.
The court extended the prohibition until Nov. 17. However, as of Sunday, community members continued to maintain barricades along the Paquet-Pao municipal road and roads in Pao, Catarawan and Kakidugen. These roads provide access to a 4,456-hectare area covered by an exploration permit granted last year to North Luzon Mineral Resources Corp. (NLMRC) by the Mines and Geosciences Bureau.
Police attempted to enforce the extended temporary restraining order (TRO) on Oct. 30. Protesters condemned the operation, describing the police response as excessive and alleging that antimining activists had been manhandled.
On Oct. 30, Judge Eric Banasan of Branch 37 of the Regional Trial Court in Bambang granted the applications of NLMRC and the Bugkalot Confederation of Nueva Vizcaya, Quirino and Aurora Inc. (Bugkalot Federation) to extend the 72-hour TRO issued on Oct. 28 by Executive Judge Paul Attolba Jr.
The court cited the risk of physical confrontation between mining personnel and residents opposing the exploration project as grounds for extending the prohibition on road barricades.
Banasan said the extension was “intended to maintain the status quo ante—the last actual, peaceable and uncontested status before the controversy—and to preserve public order at the barricade site while both sides prepare evidence for the hearing on a writ of preliminary injunction.”
NLMRC, represented by former Mayor Jaime Atayde of Luna, Isabela, maintained that its operations were legal, citing its exploration permit and a Certificate of Non-Overlap issued by the National Commission on Indigenous Peoples. The certificate was presented to establish that the exploration area did not encroach on ancestral lands.
Losses
The company claimed it had incurred P8.3 million in losses after its operations were suspended from May to September this year because of the community roadblocks.
The Bugkalot Federation, which joined the case as a plaintiff and was represented by Rosario Camma, also asserted an interest in the disputed exploration area, saying it formed part of its ancestral domain.
The barricades were put up by anti-mining protesters led by Florentino Daynos and other community leaders who oppose the exploration project over concerns about its potential effects on residents and the environment.
On Oct. 28, protesters at the Paquet barricade refused to receive copies of the 72-hour TRO served by a court sheriff, saying they were not the individuals named as respondents in the case. The sheriff later posted a copy of the order beside the road.
Baguio-based antimining advocate Pam Cariño, in an online post, praised the Kasibu protesters for their courage, saying their “fight to protect your lands, your environment, your livelihood, and the future of your children deserves to be heard and respected.”
The Nueva Vizcaya police, which drew criticism online over their attempts to disperse the protesters, said their responsibility was “to uphold the rule of law, maintain peace and order, protect the rights of all concerned, and ensure that the Court’s directives are implemented professionally, impartially, and in accordance with established procedures.” /cb