TVIRD is the Philippine affiliate of TVI Pacific, Inc., a publicly listed Canadian frim focused on the exploration and production of precious and base metals

The NUJP sent out two alerts Monday, about the alleged harassment in the mining area covered by the Balabag Project Mineral Production Sharing Agreement (MPSA) between TVIRD  and the government.

It quoted Hirohito “Jong” Cadion, Frontline Mindanao Balita publisher and Philippine Star correspondent,  as saying he, “together with 11 journalists and two others” went to the sitio Sunday night “to verify reports of an impending demolition of houses owned by civilians, mostly small-scale miners” residing near TVIRD’s exploration site.

According to the NUJP Alerts, Cadion, chair of NUJP Pagadian/Zamboanga del Sur,  reported to the NUJP Mindanao Media Safety Office that they were about to leave when SCAA members who wore no nameplates and who refused to identify their unit or their superiors,  tried to block their way, allegedly on orders of TVIRD.

According to the NUJP’s first alert, TVIRD’s Jabal called NUJP to deny the allegations. It also mentioned Bayog mayor Leonardo Babasa Jr. as saying Cadiong’s group did not coordinate with them before going to the village.
The next alert at 6:03 p.m. Monday said the journalists were on their way home.

TVIRD denied Cadion’s allegations.  “There is no truth to the reporters’ claim that they were held overnight nor was there any truth to their claim that the company blocked the road leading to the TVIRD project site,” the mining firm’s statement read.

The statement noted that the Philippine National Police in the area and the commander of the 53rd Infantry Battalion reported no such incident happened.

“The truth is that the reporters didn’t reach the project site because of a landslide that had
occurred due to illegal scale mining activities. The truth is that they did not witness any
demolition of houses as there was none. The truth is that the reporters unfortunately did
not get TVIRD’s comment on their allegations because the incidents they were describing
were pure fabrication,” TVIRD said.

Jabal told MindaNews the landslide happened on February 18, a day before Cadion’s group arrived in the area.

“The truth is that the press was being used in the black propaganda of a few large financiers and operators of small-scale mining to discredit TVIRD, which is the legitimate partner of government in minerals development in the area,” the statement read.

“Using the press by providing them deliberate lies is a desperate attempt by financiers and
operators of small-scale mining to continue operating illegally,” it added.

Cadion sent photographs showing “excavation made by the TVI intentionally to cut the road in order to paralyze the people in the mining site.”

Jabal said TVIRD was in the area “to clear the portion of the road that was blocked by huge pile of mud and soil due to landslide. TVI did not excavate but was clearing the area.”

He said the landslide on the 18th damaged the road.

There were no photographs of the demolition.

Cadion claimed the demolition did not push through because of their presence. “But a few weeks ago,” he told MindaNews in a text message, “mayron nangyaring paggiba at pagsunog ng mga bahay,” (there was demolition and burning of houses), an allegation Jabal denied.

“There was no demolition. TVI negotiates peacefully with small scale miners and a lot of small.-scale miners can attest to this,” he said.

Cadion, also anchor of  a daily radio program aired over RPN-DXKP,  was with eight others from the media, not “11 others” that he earlier reported to the NUJP Mindanao Media Safety Office.

He identified his companions as  Gretchin Mondoy, Vira Angei Modesto, Emay Flor Intig — all from  Frontline Mindanao; Tony Bayamban,  Mindanao Biznews publisher and Judys Cogo, also of Mindanao Biznews;  Efren Superal, co-anchor of Radio Frontline Mindanao Balita DXKP, Lito Pedrano of DXWO FM and  Jojo Besandre of DXKV FM.

Also with them, Cadiong said, were Lito Navaro, whom he described as “Human rights defender under Atty Harry Roque” and Edgar Baling, whom he described as “Human Rights Advocate.”
Baling,  consultant to the Monte de Oro Small Scale Miners Association (MOSSMA) said in late  January last year that they wrote President Aquino, asking him to intervene and exempt the 20 hectares from the MPSA of TVIRD.
“Our refined gold products are sold at Central Bank and therefore the government is earning from our labor. If we are supported by the local government, we can be at par with the foreign companies,” he added in  MindaNews report dated January 31 last year.
At that time, it was reported that about 250 small-scale miners and some 5,000 residents of the barangay were facing displacement once TVIRD starts open-pit mining operations under an MPSA covering 4,779 hectares.
Mario Abaster, corporate community relations officer then said the MPSA includes the 20 hectares operated by small-scale miners belonging to the MOSSMA. He said they would finish the exploration of 10 drilling sites before doing actual mining operations.
Ssmall-scale miners, on the other hand, said they  have been in the area since the late 1980s and have been constantly asking the  Department of Environment and Natural Resources and Mines and Geosciences Bureau (MGB) of Region 9 to “legalize” their status.
There were no photographs of the SCAA personnel who allegedly held Carion’s group as they were about to leave between 8 and 9  a.m. Monday. Cadion claimed the situation was tense so they hid their equipment to be safe.

He said they finally left the area at 2 p.m.Monday. (MindaNews)

Pomelo growers in North Cotabato are expecting more income after they were taught that there’s money in the fruit’s peelings, which they previously just threw away.

In a recent training initiated by the Department of Science and Technology (DOST) in Region 12, the pomelo growers learned how to turn the peelings into healthy capsule and tea.

At least 39 pomelo growers in the town of M’lang also expressed gratitude that they were armed with the knowledge to produce bottled pomelo juice and candies, among others.

Belonging to the Pomelo Growers Association in M’lang, the group is slated to receive funding from the local government unit to pursue an integrated pomelo fruit processing venture.

M’lang Mayor Joselito Piñol pledged to allocate P100,000 for the group as an initial capital following the food processing training conducted by the Industrial Technology and Development Institute (ITDI), an attached agency of the DOST.

During the training, the growers were also taught about good manufacturing practices to make their products safe and acceptable in both the domestic and international markets.

“We are amazed of these very promising DOST technologies. We can now be more profitable not only by selling fresh pomelo fruits but gaining much income from its peelings which we used to throw away,” Angel Porras, the association’s vice president, said.

Zenaida Hadji Raof Laidan, DOST-12 director, said that growers who will process the pomelo fruit stand to earn additional income with more consumers becoming health-conscious nowadays.

Pomelo, an exotic fruit known for its juicy flesh, is widely grown in North Cotabato. It is rich in vitamins and a good source of folic acid and potassium.

The fruit also has therapeutic values that help fight cancer, prevent osteoporosis, reduce high cholesterol, and aids digestion. It can also help lose weight, clear arterial deposits and fight infections.

Maria Elsa Falco, from the Food Processing Division of ITDI-DOST, served as the resource person during the training, with the first day focused on lectures and demonstration and the second day on the actual production by the participants.

During the return demonstration, the participants were able to produce pomelo juice concentrate, pomelo peel capsule and tea, and pomelo wine. The others were pomelo candy, chutney (condiment) and jam.

Laidan urged the pomelo growers to avail the Small Enterprise Technology Upgrading (SETUP) program, the umbrella project of the DOST with a nationwide implementation to assist micro, small and medium enterprises become technologically competent.

Aside from training support, the other assistance includes product standardization thru laboratory testing and analysis, packaging and labeling, and consultancy services through the Consultancy For Agricultural and Manufacturing Improvement and Manufacturing Productivity Extension Program.

Laidan noted that these development initiatives could enhance the potentials of pomelo growers and MSMEs to penetrate local and international markets. (Bong S. Sarmiento / MindaNews)

The national conference has for its theme: “Asserting Customary Resource Use: Reclaiming Free Prior and Informed Consent and Transmitting Indigenous Knowledge”. The keynote address is to be delivered by Timuay Custodio “Sumalem” Saliling, adviser to the Ilelama Council of Timuays in the PPALMA District of North Cotabato that encompasses six municipalities. Some 100 participants, resource persons and guests are expected from all over the country.

One activity highlight of interest is the “commemoration of the historic decision of the US Supreme Court recognizing the doctrine of native title, as asserted by the Ibaloi people of Baguio City on February 23, 1909.” A simple ritual on the morning of February 23, 2012 shall be conducted to remember this important date in the history of indigenous peoples (IP) in the country.

The objectives of the conference are: 1) To bring together and study researches and documented experiences of indigenous peoples, NGOs, academe on Customary Resource Use, Free Prior and Informed Consent, and Transmission of Indigenous Knowledge; 2) to achieve a wider understanding of legal pluralism and the interrelation of customary, state and international law and governance in relation to Indigenous Knowledge; and, 3) To identify ways forward in promoting and protecting Indigenous Knowledge, and engagement in ongoing policy-making processes.

Research and experience papers, parallel discussion sessions and workshops, exhibits of educational materials on indigenous knowledge, sharing and exchanging seeds and a solidarity night will cap the conference. The three streams of the conference are: Stream I: Asserting Customary Resource Use; Stream II: Reclaiming Free Prior and Informed Consent; and, Stream III: Transmitting Indigenous Knowledge. As part of these streams, a sampling of panel sessions include the ecosystem approach in the Cordilleras, Mindanao case studies, transmitting Indigenous Knowledge through customary institutions, defending the Uma, Northern and Southern Luzon case studies, on forests, marine/coastal Palawan, formal indigenous people’s education, and alternative IP education. A presentation on IPs and political advocacy will be made by Congresswoman Nancy Catamco of the North Cotabato congressional second district.

The conference is sponsored by the EED Philippine Partners Task Force for Indigenous Peoples’ Rights (EED-TFIP), which is a network of non-government organizations in the country supporting the cause of indigenous peoples rights, with support from the Church Development Service (EED) of Germany and Tebtebba Foundation, the indigenous peoples’ international center for policy research and education based in Baguio City. The conference co-organizer and host institution is the SCC-Community Education Research and Extension Administration (CEREA). The venue of the gathering is at the SCC-Bishop Proculo and Eleuteria Rodriguez (BPER) Hall in Midsayap. (Marrio R. R. Mapanao / MindaNews contributor)

(First of two parts)

GONGJU, South Korea – Two and a half hours south of Seoul by land lies the farming village of Tapgok-ri, a remote part of the city of Gongju. Here, in the middle of nowhere, is where Cathy Deocades lived. It is nothing like the glittery and glamorous world shown in Korean dramas and K-Pop music videos, which are increasingly popular among Filipino women.

E. Kollenberg / VERA Files

Gongju is no Seoul, Busan or Daegu. The houses here are small; hardly any building is higher than two floors. Encircled by mountains, the village is blanketed in snow in winter—and becomes gloomy and depressing—when the temperature drops to far below zero. Beside a cold wind blowing and the occasional dog barking, there is only stillness.

Here on Jan. 11, 2011, Cathy Deocades, 24, was found hanging from a wooden bar in an abandoned house several meters from her home. The police came and concluded suicide. Investigations stopped and the case was closed.

Cathy’s family in the Philippines could not believe a devout Catholic like her would take her own life. Her parents and siblings say she was living a difficult life in a place where she couldn’t speak the language, where she didn’t know the people and where she has been a victim of domestic abuse by her husband and mother-in-law.

But proving these allegations is difficult, even as the findings in the Philippines contradict the Korean certificate of death. Korean authorities did not order an autopsy; in Korea where suicide is common, autopsies are not.

Eight days after her death, Cathy’s body arrived in General Santos City in Mindanao. Her remains, along with the English translation of the Korean death certificate finding suicide as the cause of death, were turned over to Antonietta Odi, medico-legal officer of the City Integrated Health Services Office in General Santos, Cathy’s hometown.

Odi concluded the rope marks on Cathy’s body did not result from hanging. Her finding: “Ligature mark, abraded and contused, 36.0cms., with width ranging from 0.5 cm. to 1.0 cm., neck, anteriorly above the thyroid cartilage, oriented horizontally with almost uniform depth throughout its course.”

The “cause of death,” Odi wrote, is “asphyxia by ligature strangulation.”

According to the website forensicpathologyonline.com, “strangulation is that form of asphyxia which is caused from constriction of the neck by ligature without suspending the body. Pulling a U-shaped ligature against the front and sides of the neck while standing at the back can cause death.”

Cathy Deocades, of General Santos City, married a South Korean truck driver from Tapgok-ri in Gongju City, and lived a life far different from the Korean dramas and K-Pop music videos that are popular among Filipinos. Photo provided by VERA Files

In short, Odi basically wrote that Cathy did not kill herself. Which also means it must have been a homicide.

Chung Nak-eun, director at the National Forensic Service (NFS) of Korea in Seoul, insists, though, that Odi’s autopsy report is wrong. “I know the case since February 2011,” he said.

On Feb. 28, 2011, the Gongju police asked the NFS to investigate Cathy’s case, after doubts were raised in the Philippines about the circumstances of her death. The NFS report, which reaffirmed that Cathy’s death was a suicide, was issued on March 11.

Chung was then the director of the central district office in Daejon and basically in charge of a possible autopsy, if the prosecutor had demanded one. But no autopsy was ordered.

“That was a big mistake,” Chung repeatedly said as he was explaining the case.

Gongju Prosecutor in charge Ko Ah-ra declined to comment on why no autopsy was carried out.

Yoo Young-kyu, a staff reporter of the Seoul Shinmun who has published extensively on unresolved murder cases, said, however, the real problem is that autopsies are not mandatory in suicide cases in South Korea.

In South Korea, if there is reasonable doubt about the death of a person, the prosecutor orders an autopsy. In Gongju on Jan. 11, 2011, the police found a broken clay pot and surmised that Cathy clambered on to this pot and then kicked it away, hanging herself using the rope from a hoodie sweater.

“There was absolutely no proof that someone else was involved,” said Ham Woo-suck of the crime scene investigation team of the Gongju police.

Dr. Hwang Kyu-yeop of Hyundai Hospital in Gongju city examined Cathy’s body and issued the death certificate, which states suicide as cause of death. In what appears to be a translation error, the English version of the death certificate lists “accident” in the space that asks for “kind of death.”

Hwang, who certified Cathy’s death, said it could not be ascertained if it was a suicide if no autopsy was undertaken. Over the phone in December 2011, he denied writing “suicide” as the cause of death. “I did not tell that to the police,” he said. “I said I don’t know how she died.”

In a later interview for this story at the Hyundai Hospital in Gongju, Hwang explained the procedure when certifying a death. A doctor fills out a form and answers questions about the death by ticking one of several options. And from what he saw on Cathy’s body, he said, nothing he saw spoke of homicide. Everything pointed toward a suicide.

For the reinvestigation, Chung of the NFS used pictures taken after Cathy was found. The ligature marks are clearly V-shaped, he said. When a person dies of hanging, the rope marks on the neck usually form a V. That just means that the rope goes up toward the ceiling and leaves marks on the skin shaped like a V.

Hwang of Hyundai Hospital confirms that. Cathy’s body clearly shows the marks of a case of “unusual hanging” as it is called among forensic experts. The rope does not go up on the back of her head. It left aberrations on the left side of her chin. “It was a suicide. We (the NFS) think the doctor in the Philippines did not describe the ligature mark correctly,” said Chung.

To be scientifically precise, there is also a theoretical chance that a person did not die of hanging but has been poisoned or drugged, he admits. To exclude these factors, an autopsy is needed that goes beyond the one done in the Philippines, said Chung. The statement had also been made by the doctor signing Cathy’s certificate of death.

“Regardless, it was a big mistake the prosecutor did not order an autopsy here in Korea,” Chung said.

Odi would not comment on the allegations made by Chung as well as her own autopsy report despite repeated phone calls, messaging and faxing for more than six weeks. On the rare occasions she talked on the phone, the medico-legal would only say she would give a comment soon.

Despite the reinvestigation by the NFS, Cathy’s family in the Philippines still doubts the official version of her death. Philippine embassy public interest lawyer So Ra-mi had represented the family in South Korea. Last Dec. 21, she assumed the case would be closed the next few days as the reinvestigation has not led to new discoveries.

Indeed, on Dec. 26, 2011, Prosecutor Ko Ah-ra issued the final report: Case closed.

(To be concluded)

 The author is a German journalist based in Seoul and is a student at the Ateneo de Manila University’s M.A. Journalism Program. He submitted a version of this story for his Investigative Reporting class under VERA Files trustee Luz Rimban.

(VERA Files is put out by veteran journalists taking a deeper look at current issues. VERA is Latin for true.)

Personally, I have no doubt that Calungsod was devoted to his faith. Otherwise, he would not have volunteered to be sent to an island that lies in the middle of nowhere, the same island where the Americans banished the irrepressible Apolinario Mabini. That should make him a cut above the rest of us who would balk at the slightest hint of trouble and personal discomfort.

Dying in the belief that one does so in the name of faith or some other cause that he or she holds dear is a beautiful way to die. Calungsod must have felt this in his young, sincere heart as the killer’s weapon pierced his flesh. Idealism led to his early death but with it a hallowed place in the annals of a grateful church.

Nonetheless, while Calungsod only had noble intent in joining the mission to Guam, the Spanish colonialists had things in mind other than spreading the faith – advancing the Crown’s imperial interests. Guam, which is part of the Marianas Islands, hosted defensive structures that protected galleons plying the Manila-Acapulco (Mexico) trade route.

Calungsod and [his] fellow missionaries worked as the medieval versions of present-day civil-military relations operatives working in hostile territories. They were there to do conversion work among the Chamorro natives to soften local resistance against Spanish presence, although they were likely unaware of their real objective.

A few years back, another would-be Filipino saint met a similar fate in Japan. Lorenzo Ruiz, now known as San Lorenzo Ruiz de Manila, was tortured to death along with other Christians who refused to recant their religious belief.

What has been omitted in narratives is that Japan had allowed Christianity to prosper for over a century. Portuguese and Spanish missionaries had moved around that country in relative freedom. The Pope however favored Portugal in the struggle over who should colonize Japan.

Christianity had thrived in Japan from the 16th century until the early part of the 17th century, in part because the country’s rulers benefited from the ensuing commercial activities spawned by the Portuguese and Spanish presence. But Japanese authorities eventually started cracking down on the Christians for being perceived as a political threat. Lorenzo Ruiz happened to arrive there just as the persecution intensified.

Japanese authorities however were not entirely wrong in their suspicion as to the ulterior motive behind the proselytizing being done by the missionaries. Both Portugal and Spain had always wanted to colonize Japan, and make it a jump-off point for the conquest of China.

It was in this context that Lorenzo Ruiz, who fled home to avoid prosecution for an alleged murder, met a brutal death leading to sainthood 350 years later. (MindaViews is the opinion section of MindaNews. H. Marcos C. Mordeno can be reached at hmcmordeno@gmail.com.)

The Summit convened by two Mindanawon Senators – Koko Pimentel and Tg Guingona – was timely and the venue could not be any better than this City of Golden Friendship, which has been brought to its knees by Sendong. It still is on its knees now, but in fervent prayers that when it finally can stand up, it will be ready to face the huge challenges up front.

I had participated in the whole process, and my appreciation of the exercise was that Sendong was just the light that ignited the fire for more Climate Change Adaptation (CCA) and Disaster Risk Reduction (DRR) consciousness and awareness. The expectation that post-Sendong work in CDO and Iligan would be given focus was not really served as expected by many as the convenors took the broader perspective.

Good enough that the issue of public accountability in DRR was included in the declaration after strong leanings from the Senators at the start about their “no blaming” approach.

My general reflections on the process, in the context of post-Sendong work, are:

1) After Sendong, we are now forcing the issue of the DRR paradigm shift in all levels of governance;

2) The accountability mechanism in the DRR Law and related laws needs to be asserted, and the assertion should come from the grassroots. Let us not expect people in higher echelons of government to rock the boat. Take for example Sen. Loren Legarda, after polluting her 20-minute speech with “no blaming” content, she went down in the Jade function room of Dynasty Hotel in the 2nd floor around lunchtime to have a meeting with Mayor Dongkoy Emano and his entourage of you know what.

I would have wanted to take the floor in the open forum to tell her that the accountability movement in Cagayan de Oro post-Sendong is not about blaming, but about the rule of law and putting people in their right place, either outside of public office or in jail.

I was in the hotel lobby when the lady senator left around 3:30 in the afternoon.

3) It would be business as usual for Cagayanons and Iliganons because the truth is, we would be on our own primarily. Let’s take stock with our strengths and political capital and give meat to the Never Again Sendong battlecry.

As one friend told me in the sides, “maghuna-huna na lang ta nga kini nga tigum para sa sunod nga katalagman, para dili musakit atong buot. (Let’s just think that this summit is for the next disaster, so that we won’t feel bad.)”

A friend who is in the thick of relief and rehabilitation efforts as a worker of an international relief organization did not even bother finishing the Summit as he cannot take anymore the speakers just reciting figures.

“Dili man gud numero akong makit-an kada adlaw pre, mga tawo man gud nga namatyan, duna pay missing nga pamilya, gapangutana kanus-a sila mahiluna,” (What I am seeing everyday are not numbers or figures, but real people who lost loved ones, people who are asking if ever they will be given permanent resettlement soon) my friend told me.

In the sides of the Summit, with the support of the broad civil society coalition Aksyon Klima, I organized a round table discussion with the community media and representatives of the internally displaced persons (IDPs).

The event was to provide a venue for the community media who we thought are really stakeholders in post-Sendong work.

Aside from asking experts to discuss basic concepts of DRR and CCA, we thought of giving the IDPs a platform to express their stories.

Malu Cagay of the DRR Net and Atty. Elpidio “Ping” Peria of Aksyon Klima squeezed their schedules in the Summit to join us for a breakfast with the media.

I do respect the broader perspective taken by the convenors but would have wished that local issues and concerns were discussed more, including the governance and accountability issues many Cagayanons feel very strongly now, but felt alienated by the process.

The summit was a good event to see Mayor Dongkoy Emano in a roundtable with his entourage of bumbling elected officials. It was a sorry sight to see Rep. Benjo Benaldo taking the floor asking where the P250-million dredging fund for Cagayan de Oro and Iponan Rivers went after the 2009 floods.

I presume Benjo has an idea what happened to that project. The person from whom I learned about the project is close to him and that person knows what happened. I was told that that project was one of the flagged overnight projects approved at the close of the GMA administration.

I have not seen the project papers in Benjo’s hands but if it is one of those enumerated by President PNoy Aquino as the flagged projects that would have benefited Gloria’s cronies, it was a bad call for Benjo to have taken it on the floor.

I do appreciate Rep. Rufus Rodriguez for challenging the two Mindanawon Senators to support his legislative measures in Congress, like the bill that would stop all mining and logging in the Cagayan de Oro watersheds.

Congressman Rufus also took the high road of demanding from Undersecretary Benito Ramos of the National Disaster Risk Reduction Management Council to finish the payment of benefits to all those who perished, including those who are missing and presumed dead, by Feb. 29, 2012.

Anthony Cabanigan, president of the Calaanan Temporary Relocation Site, said during the Aksyon Klima breakfast RTD Sunday morning that until now, they are still at a loss on what is being done for them. If ever they will be relocated to permanent sites, when and where?

He also lamented that aside from receiving relief goods, they do not have much participation in decision-making and in the rehabilitation efforts. “Tinuod man nga nangawad-an gyud mi, pero maka trabaho pa man gihapon mi. Pasalamat mi sa tabang pero gusto na gyud mi makabangon pod sa among paningkamot,” Cabanigan said.

The Humanitarian Response Consortium (HRC) has documented 4,981 internally displaced families in 22 evacuation centers. Of this, 2,851 families are in so called “tent cities.”

Rey Magbanua, Response Manager of HRC, is appealing to the government “to respect the right of evacuees to a dignified transfer to safe and clean shelter as they are trying to make sense of the painful loss they have gone through.”

The HRC is appealing with the local government to ensure that:

•    Evacuees are represented at every level of decision-making regarding their relocation to new shelters
•    Evacuees are prepared and involved in the relocation process instead of being forcibly moved to another shelter
•    The new shelters are located on areas safe from natural hazards like landslides and flooding
•    The new shelters have basic facilities such as latrines, have access to water and can withstand inclement weather projected to continue
•    Livelihood options, such as cash-for-work, are put in place.

Comparing the forward-looking and broader perspective of the convenors of the recently concluded Summit to the realities in Ground Zero, it was understandable that people immersed in the grassroots and those still trying to pick up the pieces of what Sendong left cannot relate to the big things being said by supposedly powerful people they look up to in times of great distress.

(Comments can be sent to bency.ellorin@gmail.com.)

This developed after the Energy Regulatory Commission ordered Buseco to submit a copy of a list of the affected consumers.

In a letter dated January 11, ERC Executive Director Francis Saturnino Juan also asked Buseco general manager Edgardo Masongsong to submit within 15 days from receipt the total amount the consumers paid for “other charges.”

Juan’s letter was received on February 10, which means Masongsong has until February 25 to comply.

MindaNews sought Masongsong for his reaction, but he declined to comment.

But Oliver Aldovino, Buseco director for Impasugong town, said the order would possibly lead to a refund to the affected consumers involving an amount of at least P1 million.

A complaint was earlier filed against Buseco for charging “other fees” without ERC approval for which it paid P100,000 in penalty. The amount was reflected in official receipt no. 9425124 dated July 13, 2011.

The payment came four months after the ERC issued a show-cause order for Buseco to explain why they should not be charged administratively for imposing other charges, including reconnection fee, without prior approval from the commission.

Buseco reportedly imposed a reconnection fee beyond the approved amount as contained in the decision on December 29, 2003 in ERC Case No. 2001-929, the ERC noted.

From P40, Buseco raised its reconnection fee to P625.34 and then to P943.77 since 2010. The ERC said these were not the approved amounts for “other charges.”

“This constitutes a clear violation of the aforementioned decision of the Commission particularly on Items I.C and II.B.5,” it added.

The order, signed by Juan, was issued on March 23, 2011 in Pasig City.

Buseco denied having violated the approved “other charges”.

“Buseco did not increase its reconnection fee of P40 which remains the same. What was recovered by Buseco was merely the actual incidental costs and expenses necessary to effect the disconnection and reconnection,” the firm said in its response to ERC.

In its formal offer of “compromise settlement” to ERC, Eleuterio Diao IV, the firm’s counsel, wrote that the payment was offered in order to “buy peace without admission of any violation of the ERC regulatory rules as regards to other fees and charges.”

The compromise settlement came out after the preliminary conference of the ERC’s Regulatory Operations Services (ROS), Diao cited.

The ERC ordered on July 18, five days after the payment, the closure of the case as it acknowledged the receipt of the P100,000 compromise settlement as “satisfaction of the approved compromise” in the case.

But critics said something could be wrong with the decision.

“It’s one thing that has to be investigated,” Rep. Crecente Paez, of the Cooperative-National Confederation of Cooperatives (Coop-NATCCO) party-list said.

Paez, who spoke at the Bukidnon Power Consumers Forum organized in September by the Cooperative Development Authority, the Provincial Cooperative Development Council and the Association of Consumers of Electricity, said even the deal should be checked.

Back in March 2011, the ERC ordered Buseco to submit an explanation under oath “why no administrative penalty” should be imposed or “criminal action” instituted against its directors and officers for imposing such charges. (Walter I. Balane/MindaNews)

Mayor Glicerio M. Monton acknowledged that these activities have caused siltation in the river which channels water from the lake into the sea.

“The major river that traverses Jabonga has been silted to the point that it has even diverted from its original route. Before it would take three or more days of nonstop rains to start flooding, now flood waters will immediately rise in just three hours,” said Monton.

He added that while the townsfolk have become used to flooding for decades now and have become resilient, it was a gradual process for them.

“Last year the major flood that swallowed the entire town for two months was a huge eye opener. Last week the water rose so fast that people who were used to flooding panicked,” the mayor said.

“Sources and community partners in the field confirmed to us that there is an ongoing blasting, small scale-mining operations between the towns of Jabonga and Santiago and also in other parts around the lakeside area. The debris and silt from these on going activities flow to the river, tributaries and into the lake,” said Nokie Calunsag, campaign officer of Green Mindanao for the Caraga Region.

Calunsag also said illegal logging activities have continued in several mountain villages around the lake.

Barangay San Pablo chairman Arthur Grana Jr. confirmed the existence of these activities in a phone interview. He said that since 2002 when he became village chief they have tried to regulate the cutting of trees in the area.

Grana said that this year they have declared a stop to logging in their barangay but there were still people who managed to enter the forest.

“It’s a fight but we need to protect our lake. We had already met with the barangay lupon and police to plan new ways in combating the illegal cutting of trees,” he said.

Barangay San Pablo has been working with Green Mindanao on environmental awareness.

Green Mindanao has an ongoing biodiversity conservation project in Lake Mainit which started in 2010 and a cultural revitalization project with the indigenous peoples in the area.

The two projects involve four lakeside towns, Alegria and Mainit in Surigao del Norte and Kitcharao and Jabonga in Agusan del Norte.

Meanwhile, Bayan Muna Rep. Teddy Casiño today said he doubts if President Benigno Aquino III’s “much awaited executive order on mining would be able to go beyond the defects of the Mining Act of 1995 in terms of lopsided benefits to foreign owned and backed mining firms, lack of environmental safeguards and the disempowerment of local communities.”

“This EO will not change the bias for exports and its resulting unbridled extraction of our mineral wealth for other economies. It seems the thrust of the EO is  merely on increasing government revenues and giving local government units a larger piece of the pie. But this fails to address the more fundamental issues afflicting the industry,” Casiño said in a statement.

“Without a clear industrial strategy and the repeal of the Mining Act of 1995, we will only be further depleting our mineral resources to the benefit of foreign mining corporations. What we need now is a more responsive and people oriented mining law,” he added.

Casiño has filed House Bill 4315 or the People’s Mining Bill which seeks to reorient the Philippine mining industry towards the “wise and sustainable development and judicious use” of the country’s mineral resources. (Erwin Mascarinas with a report from H. Marcos C. Mordeno/MindaNews)

Mayor Darlene Antonino-Custodio said they are currently seeking out available funding resources for the city-wide drainage project, which mainly involves the construction of major drainage channels and
additional flood-control systems in major rivers traversing the city’s 26 barangays.

“Our resource mobilization planning is presently ongoing and we’re determining whether it’s wise for us to seek or apply for a loan at this time or we may opt to delay the implementation of some project
components that are not considered critical,” she said in a radio interview.

The mayor said they were also considering applying for financial grants from the national government and other funding institutions for some of the drainage project’s components.

Custodio said among the project’s major components is the reopening of the outlets and development of stable drainage channels for the Kalaja River, which caused severe flooding in four villages in the area last week.

She said the local government is initially looking at the phased implementation of the projects due to their huge budget requirements.

Some of its components would cost around P30 to P40 million for a section alone, she said.

Some 632 families were directly affected by the floods, which rose to about three feet in several portions of Barangays Baluan, Lagao, Bula and Buayan here.

Custodio earlier said the river’s waters, which drains towards the Buayan Creek and end up in the Sarangani Bay, caused severe flooding in the area after it failed to follow its normal course due to some
barriers clogging portions of the waterway.

Last year, around 200 families that were situated in communities near the Silway River were forced to evacuate several times due to the swelling of the river’s waters.

Silway River, which flows to Sarangani Bay, is the main outlet of several river-tributaries from the upland areas in nearby South Cotabato province.

In June and July last year, several portions of the dike along the Silway River suffered breaches and eventually collapsed following heavy rains in the area.

To help ease the flooding problems in the area, the city government allotted some P52.8 million for the construction of additional dikes along the banks of four major river systems that traverse six villages
within the city.

Engr. John Marc Reyes, acting city engineer, said the new dikes will be installed in portions of the banks of the critical Silway, Calumpang, Apopong and Sinawal rivers to address the flooding in several communities in the area during the rainy periods.

The local government pushed for the construction of the gabion dikes, which have an estimated life span of five to 10 years, as an immediate solution to the flooding problems.

Meantime, aside from funding constraints, Custodio said the local government has been facing problems with the local residents and private structures within the “right of way” of some drainage projects.

The mayor said there were cases wherein some outlets or natural waterways of some rivers in the area that traversed titled private lands or properties had been cut off by land developments.

She said they already sought the intervention of the Department of Environment and Natural Resources to help resolve such problems.

“But the negotiations are ongoing and some landowners even voluntarily gave their consents in favor of the projects’ right of way. We’re hoping to resolve the other related problems as we later move on with their implementation,” Custodio added. (Allen V. Estabillo/MindaNews)

South Cotabato hosts the massive copper-gold project of Sagittarius Mines, Inc through the town of Tampakan. The Tampakan project is touted as the largest known undeveloped copper-gold deposit in Southeast Asia, which is estimated to contain a copper volume of 15 million metric tons and 17.9 million ounces of gold.

Marilyn Dicierto, MGB-12 acting information officer, said that South Cotabato’s collection in 2011 from mine-related fees amounted to at least P9 million, which was 48% of the total revenue collection of the entire region.

“The amount collected by South Cotabato came [mostly] from sand and gravel. As always, South Cotabato is the top grosser in collecting mine-related revenue because of the effective monitoring system, thus, contributing to boost the regional economy,” she said.

The MGB-12, on the other hand, earned just P831,432 from payments of mining rights, application, registration, permit and certification fees across the region last year.

Earlier, the regional office trashed 51 non-moving mining applications in the region in line with the “use it or lose it policy.” Eighteen others were endorsed to the main office for possible approval.

Aside from the venture of foreign-backed Sagittarius Mines, which is controlled by global mining powerhouse Xstrata, South Cotabato also hosts the gold and silver project of Canadian firm Cadan Resources Corp in T’boli town.

Siegfred Flaviano, South Cotabato Provincial Environment Management Office chief, attributed the province’s strong collection performance to intensified monitoring against illegal sand and gravel quarry operators and small-scale mining activities.

The province was expecting to generate P20 to P30 million this year in mining revenues as a result of the crackdown on illegal operators.

South Cotabato has banned the open-pit mining method, which Sagittarius Mines eyes for its Tampakan project, but excludes sand and gravel quarry activities.

Dicierto said the revenue boost in South Cotabato may continue in the next years with the anticipated boom of the construction industry due to the transfer of the regional offices of national line agencies in Koronadal City, the provincial capital and seat of government of Region 12.

She also noted the clamp down of the South Cotabato government against illegal small-scale mining operations as another factor to increase the province’s mine-related revenues.

After South Cotabato, Sarangani province raked in P4.1 million from mine-related fees last year, equivalent to 20% of the total regional mining-related revenue collection for the period, the MGB regional office said.

North Cotabato and Sultan Kudarat came in third and fourth at P3.2 million and P1.8 million, respectively, for mine-related collections last year, it added. (Bong Sarmiento/MindaNews)

This time Lynard Allan Bigcas of Cagayan de Oro City has been tagged in the shooting of a lawyer Roberto Palma Gil around 11am on Sunday along Torres Street in this city.

Supt. Antonio Rivera, station commander of the San Pedro police precinct said they will file a complaint after getting the affidavits of witnesses.

During the incident, Bigcas was reportedly in a pickup vehicle together with Aime Torrefranca, also a lawyer and said to be a former girlfriend of Palma Gil.

Bigcas allegedly chased Palma Gil who was in another vehicle, and an exchange of gunfire ensued in front of a food chain along Torres Street.

Palma Gil suffered a gunshot wound in his left arm and is now confined in a hospital guarded by police, Rivera said.

The police official said it was Bigcas who fired first using a .45 caliber pistol at the victim who was also armed with a pistol based on a closed circuit television footage.

Asked if the motive was “love triangle,” Rivera answered that Torrefranca denied having a relationship with Bigcas.

Bigcas immediately fled leaving behind Torrefranca, who brought the victim to the hospital.

Police recovered from the scene two spent shells of a a . 45 caliber pistol, and another one coming from a .40 caliber pistol.

Palma Gil gave his car key, broken pistol and live ammunition to the police.

Bigcas has been indicted for alleged smuggling of high-end cars and motorcycles believed stolen from the US.

Bigcas’s alleged smuggling operations were uncovered when authorities raided his home in Talakag, Bukidnon and in Barangay Kauswagan in Cagayan de Oro last May 3 upon tips from the US Federal Bureau of Investigation.

Charged with Bigcas in DOJ Manila in June last year were Noeh Alcala, Gilbert Omolon, Luke Alcala, Lyann Bigcas and Joshua Bigcas, all coming from Talakag, Bukidnon.

Among the vehicles seized by authorities was an $80,000 Martin Brothers custom made motorcycle which was stolen four years ago from Hollywood writer Skip Woods (of X Men and Swordfish fame).

The FBI confirmed that at least seven of the more than 20 luxury cars and racing motorcycles seized from Bigcas were stolen in the US. (MindaNews)

If they allow such documents to be presented as evidence, it would be enough to pin down their client. If they don’t, the public will [rightly] suspect they are trying to hide something.

The magnitude of the revelations that Corona has stashed tens of millions of pesos – and possibly thousands of dollars — in several accounts in at least two banks is not lost on his lawyers. They know they have to do something to counter growing public perceptions that these amounts are highly questionable, as these were excluded from the SALNs. But what exactly is to be done is another matter.

From the start, the defense lawyers have always been in a quandary on how to deal with Corona’s undisclosed bank accounts. They had tried all tricks in the books to stop the testimonies of the bank executives. Failing that, they declared that the money came from the Chief Justice’s wife, Cristina R. Corona, reportedly from her income as a controlling figure of a contested firm.

It remains to be seen whether this claim is true or not. Yet what will stick in the people’s minds is Corona’s dogged attempt to conceal his several accounts and millions from public knowledge in clear violation of the law governing SALNs. They will not stop wondering why the chief magistrate would not want to divulge his tons of cash if this indeed came from legitimate sources, for example, from the reported corporate earnings of his wife.

This is now all water under the bridge. Nothing much can be done to reverse the swelling tide of anti-Corona sentiment even if Attorney Serafin Cuevas and company manage to score technical points every step of the impeachment trial.

Technically, the testimonies of the bank officials who have come to the witness stand can be rendered worthless if it would be proven that the House prosecutors had obtained the bank documents in an  irregular manner. As some senator-judges explained in today’s (February 20) hearing, all these documents will be for naught if coming from government sources like the Banko Sentral ng Pilipinas and the Anti-Money Laundering Council.

Note that the admissibility or non-admissibility of evidence will be based on the manner with which it is obtained. If the impeachment court ruled that the bank documents – and with it the testimonies of the bank officials – are inadmissible, it would not mean that the documents are fake and the testimonies false.

Questions will forever remain on Corona’s previously undisclosed millions regardless of how the impeachment court would rule on the controversial documents submitted by the prosecution. Sadly for the Chief Justice, Cuevas and company are not the right soldiers for this kind of war, the opinion war. (MindaViews is the opinion section of MindaNews. H. Marcos C. Mordeno can be reached at hmcmordeno@gmail.com)

When allowed to go on commercial production, the mining project will reportedly contribute an average of one percent to the annual gross domestic product of the Philippines, which also is 10 percent of Mindanao’s GDP, according to one David Pearce, executive for Australia’s Center for International Economics. The Tampakan project will reportedly have a mine life of up to 25 years.

Trouble is: the Department of Environment and Natural Resources (Denr) recently rejected the company’s bid to obtain a vital environment compliance certificate (ECC) which would have allowed Sagittarius Mines Inc to meet its 2016 target start for commercial production.

The rejection came in the midst of the Aquino administration’s move to find a new ‘workable’ policy on mining which, expectedly, is being met with howls of protests from the mining industry. The Chamber of Mines of the Philippines has also raised alarms over what it claimed a move that created uncertainty in the industry and is sending jitters to the international mining community. Some are even dragging a scion of a giant Philippine television network as among those responsible for the review of the national mining policy of the Aquino government and fear her anti-mining advocacy could alter the course of the country’s mining industry.

The government has, on record, already said the existing excise tax rate on the production of minerals, at two percent, is not commensurate to the profits and income of mine companies. The government wants to raise excise tax on mining to at least seven percent.

In a 2006 report, for example, the excise tax collection was only P490 million (US$11.4 million) as against the P75.556 billion (US$1.757 billion) gross revenue from mining and quarrying.

SMI has repeatedly claimed that the promised direct investment at the Tampakan mine project will boost the economy of the region.

What the company has not indicated and stated, however, are how much total revenues it will generate from the mining operations, how much will go to the coffers of the government aside from the excise tax, and where the ore deposits and their valued added products will end up. It also has not disclosed how much its mining activities will cost the environment and the communities around the site and all areas that will be affected by the company’s operations. These do not even include the attendant social costs.

These are also precisely the reasons and apprehensions why the provincial government of South Cotabato enacted a local ordinance that prohibits and bans open pit mining in the province.

Unfortunately for SMI, its main mining area in Tampakan is also one of the few remaining watersheds in South Cotabato.

Mark Williams, who has repeatedly declined interviews from the local press here, is now suddenly very visible in the national scene.

Last week, he made a pitch for his company’s cause by telling the press that SMI had already submitted an appeal for DENR to reverse the rejection of its ECC application.

He went even further by arguing that the DENR cannot use the provincial ordinance in rejecting their application. He said Philippine government “policies should be consistent to create investor confidence, the contract needs to be honored, and there needs to be clarity between local and national laws.”

SMI only has itself to blame for its current woes.

SMI officials have arrogantly taken for granted the powers of local government units.

It shamelessly presumed that by being “mere contractors” of the Columbio Financial Technical Assistance Agreement, which holds the Tampakan Copper and Gold Project, it can already bulldozed its way into the bowels of the precious earth of the province.

Did they not say that the mine is owned by the government?

In the last five years since Xstrata Plc took effective control over SMI, we have yet to see a representative of the government in the board of directors of the mining company. If the government really owned the mine, then it would have already come to SMI’s rescue at the first hint of trouble.

As it is, SMI officials have never been up front with the residents of South Cotabato.

All they wanted are the precious metals lying underneath the mountains of Tampakan. (Edwin G. Espejo writes for www.asiancorrespondent.com)

The three-page, 28-paragraph “Mindanao Declaration on Disaster Risk Reduction Priorities,” drafted from the regional workshop results and approved by consensus,  listed eight  priorities: Knowledge, Emergency Preparedness and Response, DRRM Plans, Enforcement of Laws, Ecosystem-based Approach, National Legislation, Institutional Mechanisms, and Implementation.

Under Emergency Preparedness and Response, the Declaration seeks to address the needs of vulnerable and exposed communities, including “building adequate and permanent evacuation centers so that public schools, buildings, and grounds are not regularly disrupted as a result of disaster.”

It also proposes the relocation of communities in danger zones to “safe and accessible places” and the provision of emergency kits for individuals and families, conducting regular drills to prepare for disasters; simplifying disaster response protocols; and organizing effective psychosocial interventions to help affected persons and families to cope and adapt.

Under National Legislation, the Declaration recommends the passage of pending bills such as the People’s Survival Fund, People’s Solidarity Fund, the Land Use Act, and “laws that will establish a permanent, independent disaster management and risk reduction agency and promote inter-local government cooperation in DRR –CCA (Disaster Risk Reduction-Climate Change Adaptation).

Independent agency

Advocates of the Disaster Risk Reduction and Management Act of 2010 recall that the creation of an independent agency dealing with disaster risk reduction and management was proposed in the bill on the DRRM but this was not carried in the final version.

Under the Philippine Disaster Risk Reduction and Management Act of 2010, the agency tasked with dealing with disasters is the inter-agency National Disaster Risk Reduction and Management Council (NDRRMC). The Council is chaired by the Department of Defense and its executive director is from the Office of the Civil Defense.

Twenty-four years ago, the Catholic Bishops Conference of the Philippines (CBCP) in its Pastoral Letter on Ecology issued on January 29, 1988, proposed that government “groups together into an independent Department all the agencies which deal at present with ecological issues.”

“This Department should promote an awareness of the fragility and limited carrying capacity of our islands’ ecosystems and advocate measures designed to support ecologically sustainable development.”

“Obviously, the Department should have an important contribution to make to related Departments like Education, Health , Natural Resources and Agriculture,” the CBCP letter said.

The Mindanao Summit, the first island-wide gathering to discuss and learn lessons from the Sendong tragedy in December, was convened by Mindanawon senators Aquilino “Koko” Pimentel and Teofisto Guingona, both of whom stayed in the session hall at the Dynasty Hotel for the duration of the full-packed two-day meet.

Among the issues tackled were the Philippine Disaster Risk Reduction and Management Action Plan, the Philippine Climate Change Action Plan, Typhoon Sendong: A scientific explanation on what happened,  the State of Disaster Preparedness in Mindanao, Geo-hazard zones in Mindanao, water use challenges, civil society participation.

Declaration Monitoring Secretariat

Pimentel said he and Guingona will set up a  “Declaration Monitoring Secretariat” which will “write to you periodically” about what has been done about the eight-point Declaration in the Summit that gathered  some 300 participants from government and civil society on the first day and about half that number on the second day.

The Declaration acknowledged that mitigation and adaptation measures by all sectors and levels of government have been “inadequately implemented and weakly coordinated resulting in inefficient use of resources and lack of accountability” but also noted that most communities are “resilient and respond to disasters on their own, through self-help measures and reliance on their own capacities, which however are inadequate in the face of major disasters.”

It also expressed concern that “logging, mining, unsustainable agriculture, and other similar land use activities increase the vulnerability of many ecosystems and communities in our island.”

Knowledge topped the list of eight priorities and the Declaration acknowledges the need to address through scientific research, training and information, education, and communication interventions, using up-to-date technology and community-based approaches, the “lack of knowledge and/or inadequate communication of existing knowledge” on disaster hazards, vulnerability, exposure and risks and adaptation and response measures necessary, including flood and other hazard maps. It also seeks the integration of DRR and geo-hazard awareness in the educational curriculum as well as in religious institutions and the production of child-friendly IEC materials.

“Information should also be based on local best practices, be indigenized and translated into the vernacular,” it added.

Under Enforcement of Laws, the Declaration wants, among others, strict implementation and enforcement by the national government and local governments of environmental, natural resources, land-use laws, including prohibiting mining and logging in disaster-prone/vulnerable areas.

Ridge to reef

Under DRRM Plans, the Declaration seeks  the adoption and implementation of DRRM plans at the regional, provincial, city, municipal and barangay levels based on “good and updated, location-specific, scientific knowledge and analysis, including risk assessment and consciousness of adaptive capacity, and aiming at zero-casualty and minimal economic damage.”

Under Ecosystem-based approach, the Declaration notes that where appropriate, a river basin management shall be implemented in managing areas from ridge to reef, including in implementing DRR plans and programs.  It also encourages “massive reforestation, including of mangrove forests, through planting of native species to promote biodiversity and sustainability.”

Under Institutional Mechanisms, the Declaration wants incident command systems to be institutionalized at all levels, that there should be an LGU (local government unit) rating system for disaster response and accountability, that adequate early warning systems be made at all levels using “appropriate local indigenous and modern communication systems and technology, including 3-digit phone numbers with back-up systems.

It also said DRR summits should be conducted in Mindanao’s six regions, including the Autonomous Region in Muslim Mindanao, and that  budgetary rules be modified to allow staffing of the DRRM offices in all local governments.

The eighth priority on designing and implementing innovative capacity-building, resource mobilization strategies and mechanisms, including monitoring progress, to implement these DRR priorities, was immediately responded to with the creation of  a “Declaration Monitoring Secretariat” by the offices of the two Mindanawon senators.

Summit facilitator Dean Tony Lavina of the Ateneo School of Government said that in the many conferences he has attended on disaster risk reduction in the last 20 years, “this will be one of the best if not the best and most progressive Declaration ever.” (Carolyn O. Arguillas/MindaNews)

Talino’s move came in the wake of  disasters that have recently struck the country — tropical storm Sendong in North Mindanao in December, the landslides in Compostela Valley province in January and the earthquake in Central Visayas this month.

Acknowleding that some towns in the province are disaster-prone, Mendoza stressed the need to double their efforts.

Part of the preparations, she said, is the purchase of P26-million worth of rescue equipment such asHydraulic 
The governor said she recently convened the barangay officials and concerned government agencies  to discuss disaster risk reduction and management.

“Our preparation is really down to the barangay level. As part of this, we will put up a radio network in every municipality to be able to coordinate to the villages in times of emergency,” she said, adding mobile phones may not be accessible in remote areas.

Disaster-prone areas in the province have been classified according its vulnerability, she said. Low-lying towns of Mlang, Tulunan, Kabacan, Pigcawayan, Midsayap and Aleosan are among those marked highly susceptible to flooding.

These six towns surround the Ligawasan Marsh. During heavy rains, hundreds of hectares of ricefields in these town are submerged in water as rivers and irrigation system overflow.

Mendoza said the local government of Carmen has sent notice to the villagers living on the riverbanks of Pulangi River to vacate the area because they are vulnerable to flooding, said the governor, who hails from Carmen.

No number was given on how many riverbank dwellers would be relocated.

Identified as landslide-prone areas on the geo-hazard maps released by the Mines and Geo-sciences Bureau are the mountainous towns of Arakan, Alamada, Magpet and some portions of Matalam, and this city.

Mendoza said she will distribute the geo-hazard maps to the municipalities and require them to post them in their town halls to keep the public aware.

“We really have to prepare.  We need to double our efforts and maximize our resources to ensure that in case of calamities, we could quickly respond to the needs of our people,” she said.  (Keith Bacongco / MindaNews)

EAGA comprises Brunei, East Indonesia, East Malaysia and the Philippines’ Mindanao and Palawan.

Joaquin Loyzaga, executive director of the Philippine Sports Commission, said that aside from General Santos City, Sarangani province is also a partner in the staging of the friendship games.

The world’s best pound-for-pound fighter, Emmanuel “Manny” Pacquiao, is currently the representative of Sarangani in the House of Representative.

Pacquiao and Sarangani Gov. Miguel Rene Dominguez had earlier expressed support for the hosting of the 7^th BIMP-EAGA friendship games.

“Among the games to be played are lawn tennis, athletics (track and field), badminton, sepak takraw, swimming and table tennis”, Loyzaga said in a statement.

He added that each country will have separate teams for boys and girls except for sepak takraw which will be exclusive for boys.

The event is open to all athletes from EAGA countries 21 years old and under.

At a high-level recent meeting, a roadshow covering the four participating countries was proposed by the General Santos City Tourism Office to help promote culture, tourism, sports and trade, and improve linkages and ties between the delegates and their respective countries along with the event itself.

Loyzaga said they are hoping to bring more sports programs outside Manila, especially in Mindanao.

Luwalhati Antonino, chair of the Mindanao Development Authority, said  the BIMP-EAGA Friendship Games is an opportunity not just for sports development but also for tourism promotion and improvement of ties among the focus areas of EAGA.

“We are advancing our BIMP-EAGA initiatives in this particular area of cooperation to promote the sub-region as a melting pot of sports talents and world class athletes while showcasing our culture” said Antonino, who is also the Philippine signing minister to EAGA.

BIMP-EAGA is an economic cooperation formally created in 1994, covering the entire Brunei Darussalam; 10 provinces in the Indonesian islands of Kalimantan, Sulawesi, Maluku and Irian Jaya; Sabah, Sarawak and Labuan in Malaysia; and Mindanao and Palawan in the Philippines.

The ASEAN sub-grouping is a mechanism primarily intended to spur development in the lagging sub-economies of the member countries by boosting intra-EAGA trade, tourism and investments. (Bong Sarmiento/MindaNews)

Lawyers, law students, paralegals and legal workers will be attending the 4^th Mindanao Assembly of People’s Lawyers on February 24 and 25 at the Episcopal Mission Center, McArthur Highway, Matina.

The assembly is convened by the six-year old Union of Peoples’ Lawyers in Mindanao (UPLM)

“Our assembly comes at a time when peoples’ rights and conditions remain unchanged and neglected in the second Aquino administration.  While this happens, justice remains elusive for survivors and victims of impunity; just peace remains to be seen in the course of the peace talks,” lawyers Frederico Gapuz, UPLM chair and Carlos Isagani Zarate, UPLM Secretary-General, said in their letter of  invitation.

Roan Libarios of Butuan City, President of the Integrated Bar of the Philippines (IBP), will deliver the keynote address while Bayan Muna Rep. Neri Colmenares will give a national situationer.

“We would like to share this occasion with our partners and clientele— people’s organizations, institutions and NGOs, human rights victims and advocates, journalists, communities, and various sectors and multisectoral formations— for whom we dedicate our service and commitment towards equality and liberation,” the invitation read.

Attendance to the opening ceremonies from 9 a.m. to 12 noon on Saturday, is by invitation only. (MindaNews)

He made his position unmistakably clear in his speech last Thursday, February 16, during the Pulong Bayan ng Pangulo to commemorate the People’s Victory Rally at the Quirino Grandstand in Manila on February 16, 1986 – the people’s proclamation of Corazon C. Aquino, the President’s mother, as the winner in the snap presidential election against the dictator President Ferdinand E. Marcos which the Batasang Pambansa had denied. This s was among the immediate causes of the EDSA People’s Revolt a week after.

In his speech, he asked: “Dapat pa ba tayong magtiwala kay Ginoong Corona?” [In his English version: “Can we still trust Mr. Corona?” The Philippine Star (philstar.com, February 16, 2012) summarized in its headline the President’s position: “Should the public trust Corona?”]

In choosing to focus on the Corona issue in his speech during the 26^th anniversary of the People’s Victory Rally, the President is confronting all – the Senate as the impeachment court, the prosecution and the defense, and the people – with the national importance and urgency of the Corona impeachment. In particular, he directly questions Corona about his fitness as chief justice in the light of his SALNs and bank deposits.

Whims of Destiny

Of the commemoration, he says that in “looking back on the events of the past” we are “facing the challenges of the present” and we are “called upon to fight for our future”. By this, he states a paradox: the challenges of that event 26 years ago have remained a challenge until today; and, an irony: the leaders tasked with meeting the challenges 26 years ago are the core — the embodiment — of the challenges we are facing today.

Fighting “for our future” is our challenge today. His challenging question: “Huhubugin ba natin and kinabukasang ito, o magpapakaladkad na lang tayo sa tadhana?” [In his English version: “Are we ready to shape this future, or are we content to leave ourselves to the whims of destiny?”]

e HHThe President is rallying the nation against present Filipino leaders who have failed to meet the challenges through the 26 years to shape a better future for the Philippines but instead have built their own power and fortune at the expense of the people as the present shows. This is how significant the Corona impeachment is.

Alarm Sounded

The President, in his speech, is actually sounding the alarm on the progress and direction of the Corona impeachment. He says that as he observed in silence the first 16 days of the impeachment trial he saw how “the true issues” have been “muddled” by “speculation and commentary” seemingly appearing that “we are purposely being confused and misled so our interest in the proceedings would fade”.

He asks: “Magpapa-etsa-puwera na lang ba si Juan at Juana dela Cruz sa prosesong ito? Hahayaan na lang po ba natin na iilan ang magdesisyon para sa atin pong lahat? [In his English version: “Will Juan and Juana de la Cruz allow themselves to be shut out of this process? Will we allow a select few to decide the fate of all?”]

The President is encouraging the people, especially the common Filipino, to take part in the discussion of the Corona impeachment trial. That calls for their enlightening.

He says forthright: “Iyan naman po and sadya ko sa araw na ito: Liwanagin and dapat liwanagin, at ituwid ang isyung pilit dinidiskaril ng ilan.” [In his English version: “That is why I am here today: to shed light on matters that have intentionally been obscured, and to set straight the issues that have been distorted by a few.”

Obviously, he wants the common Filipinos to see Corona’s guilt. What will the common people do if Corona is acquitted contrary to their conviction that he is guilty? That is the enigma.

Main Question

Of the main impeachment question, he says: “simple lang naman po ang tanong na nais sagutin ng paglilitis na ito: Dapat pa ba tayong magtiwala kay Ginoong Corona?” [In his English version: “After all, the question that this trial seeks to answer is simple: Can we still trust Mr. Corona?”]

The answer! “Masasagot po natin iyan kung titingnan ang mga katotohanang lumalabas na sa paglilitis.” [In his English version: “We can answer this question by looking at the truths that have so far been revealed in the trial.”] The President is referring to the facts about Corona’s SALNs and from statements of Corona himself and his defense counsel – evidence of his betrayal of public trust.

The President makes clear his premise: The SALN “is not a mere scratch paper: every public official swears an oath and stakes his honor on this document.” He quotes the two-sentence Section 17 of Article XI of the Constitution mandating this.

The first sentence is the command: “A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities and net worth.” [Section 8 of RA 6713 provides the details in fulfilling this mandate.]

The second sentence specifically refers to the top officials of the land: “In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed in the manner provided by law.” [Author’s Note: Supplementary to Section 8 of RA 6713, offices have requirements in the disclosure of the SALNs.]         j

In Corona’s Case

The President asks: “Paano po ba tinupad ni Ginoong Corona and batas na ito?” [In his English version: “Just how did Mr. Corona obey this law?”] He had his SALNs locked up in a safe; he did not declare all his assets and liabilities. In 2010, “he declared cash in the amount of 3.5 million pesos” while having a deposit of “31.5 million pesos” with the PSBank according to the testimonies of the bank president and a branch manager.

He directs a remark to Corona: “’Di ho ba tayong lahat ay mapapasabing: Naman! Maliwanag pa po sa sikat ng araw: Ginoong Corona, and sinumpaan mong salaysay ay hindi tugma sa natuklas na pag-aari mo.  Maski saang paaralan po, hindi  lang sa Pilipinas kundi sa buong mundo, 3.5 million pesos does not equal 31.5 million. Alin po ba ang totoo, Ginoong Corona?”

[In his English version: “Oh, come on.  It is clearer than the light of day: Mr. Corona, the account you have sworn to be true does not correspond to the assets that have been discovered. In any school in the world, 3.5 million does not equal 31.5 million.   Which is the truth, Mr. Corona?”]

How liable is Corona? Very! — If the precedent in the records of the Supreme Court is to be followed.

The President reminds Corona of the case, Rabe vs. Flores, the Court affirmed in1997. Delsa Flores, an RTC court interpreter in Davao del Norte, was dismissed from office forfeiting all her benefits and barred for life from employment in government for failing to include in her SALN the rental of a stall she owned at the public market.

To relate Flores’ case to Corona’s: “Sa isang court interpreter, iyan po ang batayan. Magkano ang upa sa isang puwesto sa palengke? Sa Punong Mahistrado po ba, dapat naiiba? Kung si Ginang Flores po ay sinisante, ano pa kaya ang dapat hatol kay Ginoong Corona? Kailangan pa po bang tanungin kung impeachable offense ang ginawa niya?”

[In his English version: “This was the basis for firing a court interpreter. How much is a stall in the wet market anyway? Are we supposed to treat our Chief Justice any differently? If Mrs.Flores was fired for what she did, then what is a rightful verdict for Mr. Corona?  Is there still any question if his actions constitute impeachable offense?]

Obviously, the President is appealing more to the impeachment court than to his audience – appealing for Corona’s conviction.

Aquino on the Arroyo-Corona connection: “Ginoong Corona, sana naman po ay huwag n’yo na kaming paikutan. Alam naman namin kung bakit ka isiniksik ni “Ginang Arroyo sa Korte Suprema: iyan po ay para pagtakpan ang katiwalian niya. ’Di ba nagsimula ang lahat ng ito nang muntik ka nang magtagumpay na napatakasin si Ginang Arroyo?”

[In his English version: “Mr. Corona, please don’t give us the runaround. We all know why Mrs. Arroyo placed you in the Supreme Court: to cover up for her corruption. Didn’t all of this start when you almost succeeded in aiding Mrs. Arroyo in her escape?”] Had Arroyo left last November, she could have evaded the 2007 electoral sabotage case she now faces by returning after the prescription of the crime in May this year.

Nothing Personal

That Corona is the focus of Aquino’s speech – to use his own very words – “is clearer than the light of day”. After confronting Corona of his sins against the SALNs law and twitting him of his “overdue” promise to reveal his bank deposits “in due time”, he asks his audience to judge: Should “the Chief Justice … be exempted from the laws all of us must follow?” Alluding to the class he thinks Corona represents: “Are those in power immune to questions, to investigations, and to criticisms?”  

Yet, he says, “this is nothing personal” – nothing more than that “we are fighting to preserve the integrity of our justice system” as symbolized by a blindfolded lady holding a balance scale.

With this symbol, he provokes revulsion should Corona be acquitted. “Put yourself in the shoes of Delsa Flores: What must you be feeling now seeing someone in a higher position who has hidden a much higher amount from his SALN?”

His point: Corona represents inequality in our justice system — a “system in which people take advantage and are taken advantage of; a two-faced justice system, one face for the powerful, and another for those in the margins”.

At the outset, his “simple question” is personal: “Can we still trust Mr. Corona?” In his conclusion, this becomes universal: “Do we allow this system to continue?” He exhorts his audience and all the people to “take a stand now” to change the system.

But Corona represents the system to be changed.  President Aquino is interfering in the impeachment of Corona. May he? We will discuss this in another COMMENT. [“Comment" is Mr. Patricio P. Diaz' column for MindaViews, the opinion section of MindaNews. Mr. Diaz is the recipient of a “Lifetime Achievement Award” from the Titus Brandsma for his "commitment to education and public information to Mindanawons as Journalist, Educator and Peace Advocate." You may e-mail your comments to patpdiazgsc@yahoo.com.]

Wulff, who had been president for less than two years, was a personal choice of Chancellor Angela Merkel, who expressed regrets over his resignation.

Merkel quoted the embattled Wulff as having said he had done nothing illegal despite his decision “stepping back from office, from service to the people.” Apparently, he quit to spare the chancellor from further trouble.

Merkel, although quite popular on the home front, is battling the eurozone debt crisis, and having Wulff remain president might erode her high approval rating.

Here’s what Wulff said in a brief statement as reported by BBC:

“The developments of the past few days and weeks have shown that [the German people's] trust and thus my effectiveness have been seriously damaged. For this reason it is no longer possible for me to exercise the office of president at home and abroad as required.”

Like Renato C. Corona, the impeached Chief Justice of the Philippine Supreme Court, Wulff is embroiled in a controversial financial transaction – a low interest loan of 500,000 euros or roughly $649,000 from the wife of a wealthy businessman in October 2008 while prime minister of Lower Saxony.

Wulff had attempted to stop the Bild newspaper from publishing the story, although he had already apologized to its chief editor Kai Diekmann, the BBC said, adding “German media say the crisis is unprecedented in post-war Germany.”

Reports said Wulff did not disclose the loan before he became president. Moreover, he defended his act by saying, “I would not like to be president of a country in which you can no longer  borrow money from a friend.”

The amount of Wulff’s loan is not the issue but the possible quid pro quo involved in the low interest deal. In fact, the same BBC report he was also alleged to have received political favors and free holidays from business executives.

Wulff worsened his own lot by trying to kill the story [about his controversial loan], an act which is viewed as an attack on press freedom.

Compare Wulff’s conduct with that of Corona in as far as financial transactions are concerned. The lower interest – 4 percent or 1 percent lower than the usual bank rate [in Germany] –  sparked suspicions and howls of protest that Wulff had acted improperly. Why can the same not be said of the huge discount that Corona received when he acquired a piece of prime real property?

Wulff said he had done nothing illegal. True, there is nothing illegal in receiving a loan at a lower interest. But as his critics rightly pointed out, it is improper for a President to do so.

True, no law was violated when the real property firm gave Corona a big discount for a condominium unit. Yet there are things higher than the law itself. Propriety is one of those things, as the German people are reminding us now, and as Wulff himself belatedly realized.

At least, Corona shares one thing with Wulff. The chief justice had tried to muzzle the media when he tried to stop them from revealing the contents of his statements of assets, liabilities and net worth, which have turned out to be grossly understated. (MindaViews is the opinion section of MindaNews. H. Marcos C. Mordeno can be reached at hmcmordeno@gmail.com)

Typhoons and floods in Mindanao “are few and far between,” she said.

She cited disasters from terrorist attacks such as the Ipil Massacre of April 1995, bombings, and armed conflict between the military and the Moro Islamic Liberation Font in 2003in Buliok and the attacks following the aborted signing of the Memorandum of Agreement in August 2008 where hundreds of thousands in Maguindanao, North Cotabato and Lanao were displaced.

Soliman forgot to mention the 2000 “all-out war” waged by the Estrada administration as among the major disasters in Mindanao.

She  said  internal conflict is “more known as the cause of internally displaced persons (IDPs) so there is a level of complacency in disaster preparedness in all of the provinces and in all of the towns. This is not just in Northern Mindanao. We saw that happen in Cotabato City and in Maguindanao.”

She said there is also “little consciousness of hazards,” that there is a gap between one disaster to another and in areas where it is not conflict-affected, “many of us, LGUs (local government units) included, do not really have a consciousness of preparing for a major disaster. Even if there are disaster (response) plans, these are not doable…it could be all on paper but when you’re in the middle of a disaster, implementing, it is not something people are really prepared to do from barangay level to municipal level and to the citizenry as a whole.”

“Part of the reason why it is not doable is it is not clear who’s going to do what, when and who’s going to take the lead because a plan will not work if  the who ,what, when, where, how is not articulated and part of it goes back to the fact kana laging di ta mutuo nga nay disaster. Hindi ka maniniwala na mangyayaring disaster kasi hindi naman bumabaha dito hindi naman nage-earthquake dito (we don’t believe there will be a disaster because it does not flood and the earthquake does not happen here, that)  we are a blessed island. … hindi tayo masyado epektado (we are not that affected)  but this has been defied from the occurrences from the flashfloods in Davao City (in June 2011)  and the flashfloods here (in December 2011). That has been slowly eroded, that thinking that we are blessed.”

Based on records of the National Disaster and Risk Reduction Management Council, flash floods in Mindanao had actually replaced armed conflict as the major cause of  internal displacement in 2011. Flooding incidents were recorded in various parts of Mindanao every month — from January to December last year.

Soliman stressed the need for disaster preparedness.

“As I always say the angel is in the detail. And the angel is not present if we do not have a very clear plan,” she said.

Diaster preparedness “is process of ensuring that we are organized and that the organization has complied with the preventive measures,” a state of readiness  “that all of us are able to respond (to) a disastrous event with minimum loss of life, injury and damage to property.”

“How many of us really know the  five laws that pertain to our disaster preparedness?” Soliman asked participants from local government units and civil society.

“Risk reduction is the emphasis so all these laws already articulated the preventive measures but have we all complied?” she asked.

She said President Aquino’s instruction to the NDRRMC and the LGUs is that they should have zero casualty. “Unfortunately,  zero casualty in a massive disaster such as that in Sendong or that of  the earthquake in Negros Oriental is just not possible. But many could have been prevented if the rescue has been more prepared and we have the equipment to undertake massive rescue at the point of disaster.”

Soliman also said that while the focus now is on relief and rehabilitation after the flashfloods  that struck Cagayan de Oro  Iligan and the recent earthquake in Negros Oriental, national government agencies are “still continuing work with rehabilitating Central Luzon and the Cordillera” following typhoons Pedring and Quiel in late September to early October 2011.

“I think we should put in our consciousness that after the media has talked about the disaster, the post disaster work is even bigger, that there is so much to be done during this time and hope to bring it to some level of  normalcy,” she said.

She cited Albay as a good example of good management and coordination.

Already used to the eruptions of Mayon volcano and the typhoon-triggered floods,  Albay’s disaster response plans have been well coordinated among government, civil society and citizens.

She said the  province has early warning systems and  residents know that when they hear three sirens they must pack up, they know where to go for transport, the people in charge of transport know where to bring the evacuee and in the evacuation centers, the evacuees know who will take charge of assignment of rooms and the community kitchen. (Carolyn O. Arguillas/MindaNews)

“It would be useless if we stop at merely talking about Climate Change. There is another important agenda. And that agenda item is called .. Attitude Change,” he said, adding the times have changed, the climate has changed, and “kailangang magbago din ang ating pag-iisip at pananaw sa mundo at sa buhay” (we should also change our mindset and view of the world and our lives).

Guingona and Senator Aquilino “Koko” Pimentel,  Mindanawon senators from Bukidnon and Cagayan de Oro, respectively, convened the two-day summit at the Dynasty Hotel here to discuss Sendong and its many lessons.

Sendong’s fury triggered flashfloods that sent  residents to their roofs and their deaths in the last hours of December 16 and the early hours of December 17. The National Disaster Risk Reduction and Management Council (NDRRMC) reported 1,227 dead in Mindanao, 734 of that from this city and 490 in neighboring Iligan City.

Summit facilitator Dean Antonio Lavina of the Ateneo School said the gathering of  local and national officials, civil society representatives and survivors of  the flashfloods was intended to discuss what really happened and what can be done to help prevent a similar tragedy.

“Never again a disaster like Sendong,” Lavina said.

Pimentel welcomed participants to “the Ground Zero of the Sendong incident.”

“We are here to learn whatever we can learn so that the more than 1,000 lives lost in Sendong would not have been lost in vain,” he said.

He referred to the Summit as a “back to basics seminar” from where “we can learn from our respective experiences, from scientific analyses and studies, and from best practices.”

“ Let us re-learn what we already know. Let us hear again what we have already heard. Let us sign again a covenant we have already signed. Back to basics never hurt anyone,” he said. (Carolyn O. Arguillas/MindaNews)

“We have to have a common information base,” she said.

Soliman spoke at the Summit after attending an inter-agency post-disaster needs assessment, where they discussed, among others, the need to “synchronize information.”

She noted that on the number of families affected alone, they had at least three sets of information: from the Department of Social Welfare and Development, the City Social Welfare and Development Office, and the Department of Interior and Local Governments.

She said the DSWD based their figures on families inside evacuation centers, the city on those inside and outside evacuation centers and the DILG on those outside evacuation centers.

The information from the three agencies was consolidated in mid-January, Soliman said.

She said there must be information in three levels: preventive, actual and rehabilitation.

“We must have information in three levels, synchronized information, a common data base complementing the hazard knowledge here and who are vulnerable in what areas. That’s knowledge of the preventive aspect. For the actual disaster, we need to have a common information base,” she said.

In the post-disaster needs assessment she attended in  the morning, Soliman said a system should be set up at the regional level on having a common data base at the time of responding so that no one will be left behind or served twice.

“Synchronized information is key to management and coordination,” she said.

Soliman also pointed to the need for synchronized information on rehabilitation.

She cited  DSWD as the agency tasked with housing and resettlement but this it does in coordination with local government units and civil society. “It is important that we are able to share information and talk about how we are helping the victims,” she said.

In a statement released to the media during the first day of the Mindanao Summit, internally displaced persons (IDPs) appealed to government to come up with a clear plan for their relocation which the President promised when he visited Sendong survivors in December.

IDPs from Isla Baksan, Isla Bugnao, Isla Delta 2, Isla Delta 1, Isla de Oro, Tambo, and Cala-cala, which have been declared as no-build zones by the Mines and Geosciences Bureau (MGB) said they need assurance from government on their relocation.

Several IDPs  whose houses were swept away by the floods are living in “tent cities” while others whose  houses were damaged but not washed away are still awaiting placement in “tent cities.”

But even the “tent cities” have not been a refuge for flood survivors. At least 30 of 250 families residing inTent City 2  “Kalubihan” Phase 3 in Calaanan, Barangay Canitoan in
fled to higher grounds evening of February 13 when water rose to almost knee-level in their tents. (Carolyn O. Arguillas/MindaNews)

Records show that the city was among the beneficiaries of the Department of Agriculture’s Ginintuang Masaganang Ani (GMA) opening and rehabilitation of farm-to-market roads (FMR) project in 2008.

At least eight FMR projects at P2 million each were reported implemented in early 2009 with the Department of Agriculture Region 11 as implementing agency. Kidapawan, however, is part of Region 12.

In the case of  Barangay Sibawan, chair Efren Mahilum said there was no graveling and construction of box culvert in his village from the last quarter of 2008 until the first quarter of 2009, as reported.

He said the 1.3 kilometer road that was reported  rehabilitated stretches from Barangay Sibawan up to the adjacent Barangay Luvimin, also in Kidapawan City “but we have not seen that project here,” said Mahilum.

Mahilum assumed post as village chair  in the last quarter of 2009 when the Commission on Elections declared him winner of the 2007 polls.

Barangay councilors Carlito Sagales and Leopoldo Simene signed a certification on September 22, 2011 attesting, among others, that during their ocular inspection, no box culvert was constructed along the Luvimin-Sibawan road.

In October last year, Mahilum wrote the regional director of the  DA-11 based in Davao City, requesting for copies of contract documents, program of works, cost estimates, payment vouchers, and the Statement of Work Accomplishment (SWA) for the P2 million-FMR project intended for his barangay.

He also sent the same letter to Agriculture Secretary Proceso Alcala on October 16, 2011.

Mahilum said he has not received copies of the documents he requested.

DA-11 regional director Oscar Parawan said the case is the subject of an investigation by the Office of the Ombudsman in Mindanao.

“Besides, I was not yet the regional director of the office when the case was filed or when the project was implemented,” he said.

An administrative case was filed on Nov 10, 2011 against former DA-11 regional director Roger Chio and criminal charges against nine other cooperators or stockholders of a private construction firm that won the bidding.

Chio was charged with dishonesty and grave misconduct, while nine of the cooperators of the Central Mindanao Construction Multi-Purpose Cooperative (CMC-MPC) were charged with malversation and violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Chio could not be reached for comment.

Records showed the CMC-MPC won the bidding of the DA’s GMA-FMR projects in Kidapawan City.

City Agriculturist Eufrocenia Marcos vehemently denied allegations that the DA’s GMA projects in 2008 were not implemented.

“These were constructed through support from the city engineering office.   If these were not implemented, then where did those roads go?” asked Marcos.

Marcos said it was former Barangay Sibawan chair Arturo Alqueza who helped the DA identify the road that needed rehabilitation.

“It was former Chairman Alqueza, and not the current chair who is Mahilum,  who dentified the site.  Alqueza knew more than Mahilum,” he said. (Malu Cadelina-Manar/MindaNews)

Pardon her thick Visayan accent aside.  That’s precisely what makes Senator Santiago such good copy.

On Week 5 of the Corona impeachment trial, she rose to sternly lecture House of Representative Chief Prosecutor and fellow Ilongo Neil Tupas Jr for reportedly introducing evidence that has been testified by PSBank manager Anabelle Tiongson (incidentally another Ilonga) as ‘fake, spurious’ or whatever. (Before this writer gets lost, he is an Ilongo, too)  Nga-a inentra niyo to abi nga ebidenysa? ‘Di bala Rep. Tupas? Ti? Naano na ini? (Why did you introduce them as evidence?  Didn’t you Rep. Tupas?  Now look?  What had it become? – underscoring and translation is by the author)

She castigated the prosecution panel for what she claimed was a deception and for such it should be ‘punished’ and cited for contempt.  A former judge herself, Senator Santiago said the prosecution is losing and giving away its own case because of their perceived incompetence.

On the last hearing day of the week, the senator was again her usual unpredictable self.  This time, in a complete turnaround, goading and coaxing the prosecution and laying the ‘foundation’ from where the prosecutors should take off as far as the assailed document – a photocopy of Supreme Court Chief Justice Renato Corona’s opening bank document – which was attached in the request for subpoena.

The subpoena, granted by the Senate impeachment court, yielded damning information against the chief justice.  Such information, however, are now being threatened to be thrown away because of the authenticity, or lack of it, of the prosecution’s annexed document for the subpoena.

What was lost in Santiago’s tirade against Tupas and the rest of the prosecution was her own error.  The assailed document was never introduced in court.  Records of the Senate impeachment proceedings will bear out that what were introduced and marked were records submitted and testified by PSBank officials.

These are facts that senator ignored when she first gave Tupas a nationally televised tongue lashing, described by her colleagues in the law profession as uncalled for.  In the middle of her monologue, Tupas vainly tried to explain that the controversial document was not among the documents marked by the prosecution as its evidence.  But Santiago wanted none of it.

On Thursday, Santiago prefaced her manifestation as a judge that she was willing to give the prosecution a good day.  Without admitting her previous mistake, she again asked Tupas if the controversial document was among the evidences introduced by the prosecution which her fellow Ilongo member of Congress reiterated in the negative.

Santiago even asked Tupas if, based on the adverse testimonies of the PSBabk officials on the questioned attached documents in the subpoena, the prosecution is now poised to declare them as hostile witnesses.

The question is double-edged.  It gave the prosecution the window to prove its witnesses were lying when they testified under oath that the bank document photocopy was a fake if and when it decides to declare the PSBank officials as hostile witnesses.  It also warned the witnesses that they are facing severe consequences if proven they have perjured in court.

On Thursday, Santiago and the rest of the Senate impeachment court got another surprise from PSBank Katipunan branch manager Anabelle Tiongson when she revealed that Rep. Jorge Banal, a member of the prosecution secretariat, approached her on January 31.  Showing a photocopy of what appeared to be a similar document in the annex of the request for subpoena by the prosecution, Banal inquired about the account.

Next week, this bizarre development will yet again give the ongoing trial another twist and turn that should shame prime time telenovelas of major TV networks.

It seems every time Santiago takes the floor momentum in the trial is shifting.

We just hope it will not be lost in translation again. (MindaViews is the opinion section of MindaNews. Edwin G. Espejo writes for the asiancorrepsondent.com)

A state of calamity was immediately declared in the town following an almost nonstop rainfall which started last February 13, Monday.

Six of the Jabonga’s 15 barangays were affected, sending 500 individuals to three evacuation sites.

“Every year the people here expect flooding to occur. Only this time several families from barangay Colorado and Magsaysay panicked when the waters rose faster than usual in just three hours last Wednesday afternoon,” said Sangguniang Bayan member Julie Ganot.

“We immediately transferred here in the evacuation center at around 3pm last Wednesday when the water level reached our waist,” said Jocelyn Anora, who evacuated together with nine members of her family to the municipal gymnasium as floodwaters from Lake Mainit covered her house in Barangay Poblacion.

Anora is among the 512 individuals or 120 families who had evacuated to Barangay Poblacion.

Mayor Glicerio M. Monton pointed out that Bangonay River and Kalinawan River mainly caused the floods in Colorado and Magsaysay, the two barangays hardest hit by the calamity.

“These rivers provide the exit point of the lake and sit in the flood plains between Jabonga and Santiago. Since the flood that hit us last year, we had prepared early on for this kind of situation. We will be distributing relief goods to those who are in the evacuation centers today,” said Monton.

The mayor added that prior to the flooding residents had already been warned and that they were encouraged to evacuate if they wanted to receive relief assistance from the local government.

Jabonga is a 4th class municipality nestled along the coastline of Lake Mainit, the country’s 4th largest and deepest lake.

On February 2 last year the town experienced its worst flood in decades which occurred in most of the town’s 15 barangays for two months. (Erwin Mascarinas/MindaNews)

In a manifesto issued here after the three-day forum dubbed “Regional Gathering of Mining Affected Communities,” the group pressed for a temporary suspension of the Tampakan project pursued by Sagittarius Mines Inc. until the passage of the Alternative Minerals Management Bill pending before Congress.

The bill seeks to replace Republic Act 7942 or the Philippine Mining Act of 1995, which critics said “fostered environmental degradation, human rights violations, and social unrest in communities where mining promised development and increased standards of living.”

At least 25 leaders from the religious sector, tribal communities and nongovernment organizations graced the regional conference.

In a manifesto written in Filipino, they expressed opposition to the Tampakan project on concerns over the environment, food security, human rights and disrespect to tribal culture, among others.

Danny Arias, advocacy officer for Mindanao of Alyansa Tigil Mina, which organized the event, said the participants agreed to continue their opposition to the Tampakan project.

“We hope to come up with consolidated information and education campaign that will be waged in the local and national level,” he said.

Rene Pamplona, advocacy officer of the Social Action Center of the Diocese of Marbel, said the strategy would likewise involve community-based petitions against the mining company.

The Tampakan project straddles the towns of Tampakan in South Cotabato, Columbio in Sultan Kudarat, Kiblawan in Davao del Sur and, according to critics, Malungon in Sarangani.

Last month, Sagittarius Mines suffered a major blow after the Department of Environment and Natural Resources denied its application for an environmental compliance certificate.

An ECC is one of the requirements before the mining company may operate commercially, which is slated in 2016.

John Arnaldo, Sagittarius Mines corporate communications manager, has assured critics that environmental protection is a key area that the company is giving vital focus.

“We will operate based on acceptable standards not just observed in the country but internationally,” he said in previous interviews.

The Tampakan project is touted as the largest known undeveloped copper-gold deposit in Southeast Asia.

Based on the latest company study, the total estimated mineral resources for the Tampakan deposit rose to 2.94 billion tons at 0.51% copper at a 0.2% copper cut-off grade, from 2.49 billion tons at 0.6% copper at a 0.3 copper cut-off grade.

On the basis of the new information, the estimated contained copper at Tampakan in total resources has risen from 13.9 MT to 15 MT while estimated contained gold has risen from 16.2 million ounces to 17.9 Moz. (Bong Sarmiento/MindaNews)

Dr. Evelyn R. Fetalvero, Officer In Charge of the Department of Education in Surigao del Norte seemed to think so.

On January 18 this year, she issued Memorandum No. 08 telling school officials that “effective this school year, all Grade VI pupils and Fourth Year Secondary Students are mandated to secure Tax Clearances Certificates thru [sic] parents from the Provincial, City and/or Municipal Treasurer as a requirement for graduation.”

Fetalvero said the memorandum was based on Surigao del Norte Provincial Governor Sol F. Matugas’ Executive Order No 001 series of 2012 titled “An Order Requiring A Tax Clearance Issued by the Provincial, City and/or Municipal Treasurer, as the case may be, evidencing payment of yearly tax obligations from any requesting including local contractors and supplies of goods and services, and job applications before issuance of official records.”

The DepEd official said she just wanted to help the local government units in collecting taxes specially from real property owners who have tax arrears.

“As our civil obligation, we should pay this as our contribution to the advancement of the nation,” she said,  adding the province has intensified its tax collection to generate funds for the various projects under the Health, Education, Agriculture/Aquaculture, Livelihood and Social Services or (HEALS) program of the governor.

She said taxes are needed for the full implementation of programs and projects of the local school board.

Her memorandum added that teachers should also submit to their tax clearance certificates to their heads as requirement for the release of salaries and honorarium effective this month.

Several groups have expressed their opposition to the memorandum.

The Surigao City chapter of the Integrated Bar of the Philippines (IBP), through its president Alfonso S. Casurra, said Fetalvero should rethink the wisdom of issuing the memorandum.

Casurra said Fetalvero should carefully read the tenor of the governor’s executive order 001, which is her basis in issuing the memorandum.

“We don’t think that her memorandum is within the scope of Governor Executive Order 001 because it only requires specific persons like the local contractors, job applicants, suppliers of goods and services before the issuance of official records. And to apply this as a requirement to students and pupils for them to graduate and DepEd employees for them to get their salaries that would be illegal and unjustifiable as far as we are concerned,” Casurra said over a local radio station, RPN-DXKS on Wednesday.

Casurra, who also served as city mayor for over 10 years, urged Fetalvero to recall immediately her memorandum and probably ask for guidance about the governor’s executive order.

“Nowhere in the said executive order will it apply as a condition for graduation or the condition to for one to be paid of salary. My goodness I cannot comprehend this kind of a memorandum issued,” he said.

Casurra added that even if a parent has no real property, one should still pay for the tax clearance.

“Why are you punishing the children because of your poor performance in collecting taxes,” he asked.

“In the event that they will not recall this memorandum, there will be a case to be filed against them especially if there will be a pupil or student be barred for graduation or there is a employee who cannot get their salary for not complying the tax clearance,” the former mayor warned.

The Iglesia Filipina Independiente’s (IFI) diocese in Surigao, headed by bishop Rhee Timbang, said the governor’s executive order is illegal and irregular.

“The said Executive Order of the Provincial Governor is not covered by an ordinance enacted by the Provincial Board of the Province of Surigao del Norte, otherwise such ordinance must have been cited by the said Executive Order,” the statement said.

“We likewise believe that even if the said Executive Order is backed by an ordinance, it is still immoral and unconstitutional since it infringes on the constitutional right to labor, including the right to just compensation. The Provincial Governor’s Executive Order mandated the requirement of tax clearance certificate to all professionals and other workers/employees. By requiring tax clearance certificate, the Executive Order imposes unreasonable requirement of payment of tax that is unrelated to compensable works to be done a day, violating the Labor Code which protects the right to labor,” it added.

The statement said “requiring teachers, school personnel and teacher job applicants to submit tax clearance certificate…is unreasonable and impertinent” in relation to the duties of the teachers and school personnel.

The IFI urged the governor to recall the controversial EO and instead direct concerned government agencies under her charge to be serious in collecting taxes.

It also called on Fetalvero to withdraw the memorandum and instead advise supervisors and principals to promote tax consciousness among school children, parents and teachers.

Fetalvero said that in response to the various reactions she issued an addendum on February 3 to her memorandum.

“If the parents with real properties could not pay the whole tax amount accruable for the year, it will not hinder their pupils/students to graduate,” she said.

She said that if the barangays have the master lists of delinquent taxpayers issued by the treasurers, a barangay tax clearance certificate will suffice. The DepEd officials in these areas would then be requested to arrange with the barangays to waive the collection of fees for the issuance of said tax clearance in the case of graduating pupils and students, she added.

She said that withholding the salaries and honorarium of teachers and school personnel pending the submission of Tax Clearance “shall be given a grace period of one month or up to March, 2012.”

MindaNews sought Gov. Sol F. Matugas for comment but she was not in her office.

Provincial administrator Primolito B. Plaza said the executive order was issued on January 7 last year, not this year as the DepEd memo stated.

He said he did not know the reason behind the DepEd memo.

“I was astounded when I heard this issue but if you read the governor’s executive order there is nothing in there to put on hold the salaries and honorarium of the employees of the Department of Education pending their submission of tax clearance certificates as well as requiring graduating pupils and students’ parents for tax clearance,” Plaza said.

Oscar O. Masuhay, OIC principal of Surigao del Norte National Highschool said he will implement the memorandum because it came from his superior.

He said it is advantageous to the local government units, as it would help them in collecting taxes.

MindaNews talked to graduating students of the Surigao del Norte National High school but they said they were not informed yet on the memorandum.

“We are not told by our teachers about that. What she wants us to submit is the original birth certificate,” said Rizal Section students who will hold their commencement exercise on March 29.

Despite criticisms hounding Fetalvero, provincial treasurer Daisy D. Hubilla said she admired the education official’s initiative.

Hubilla said one percent of the taxes collected from real properties goes to the Special Education Fund through the Local School Board.

She admitted that they have problems collecting taxes from real property owners.

“Sometimes, there are land administrators who cannot report to the land owners because they cannot reach them,” she said.

MindaNews asked about the total taxes collected from real property owners in the past two years but Hubilla said she could not divulge the amount without a request letter. (Roel N. Catoto/MindaNews)

Jerald L. Pelayo, who is now back in his hometown Masbate City, got a rating of 86.4 percent. Closely trailing Pelayo is Linsid Angelou A. Tapongot from Xavier University with a rating of 86 percent.

Another graduate from MVC, Jierell Mae Victor Saguinhon, landed on the 9th place.

Speaking through his Facebook account, Pelayo, who described himself as “a simple creature with simple dreams in life yet loved by God,” thanked God and supporters for his success.

“This has been the utterance of our prayers. This has been our dream. This has been our hope. And now, this miracle is our shared success. This is all our victory,” he said in a post Friday afternoon.

About 17 of the 60 passers who made it to the top 10 were from nursing schools in Mindanao, including 10 from Xavier University.

The topnotchers from Mindanao nursing schools are:
1 Jerald Lalaguna Pelayo (Mountain View College – 86.40)
2 Linsid Angelou Absin Tapongot (Xavier University – 86.00)
4 Ralph Ryan Villafranca de la Rosa (Xavier University – 85.20)
6. Mark Ray Aluk Espinoza (Xavier University – 84.80)
7 Katherene Palces Batuhan (Ateneo de Davao University – 84.60)
7 Neil Dy Obsioma (Xavier University – 84.60)
8 Vincent Jerven Estose Barimbao (Xavier University – 84.40)
8 Melanie Grace Sia Go (Xavier University – 84.40)
8 Martina Aurea Malferrari Jugador (Xavier University – 84.40)
8 Carren Agnes Honrada Solidor (Xavier University – 84.40)
9 Robelen-Ann Getubig Callanta (Father Saturnino Urios University – 84.20)
9 Emman June Pahinte Rubin (Liceo de Cagayan University – 84.20)
9 Jierell Mae Victor Saguinhon (Mountain View College – 84.20)
9 Aga Años sibal (Capitol University formerly Cagayan Capitol College – 84.20)
10 Ma Cleo Guada leonil Villanel Dequito (San Pedro College-Davao City – 84.00)
10 Mariel Kris Alcantara Rael (Xavier University – 84.00)
10 Raiza Mae Gordiel Rodriguez (Xavier University – 84.00).

A total of 22,760 out of 67,095 examinees passed the examinations given on December 18 to 19, 2011 in Manila, Baguio, Cagayan de Oro, Cebu, Dagupan, Davao, Iloilo, La Union, Legazpi, Lucena, Nueva Ecija, Pagadian, Pampanga, Tacloban, Tuguegarao and Zamboanga. (Walter I. Balane/MindaNews)

Herlita Caraan, National Statistics Coordination Board (NSCB) Region 12 director, said the region’s palay and corn yields soared to 1.244 million and 1.170 million metric tons (MT), respectively, mainly due to the relatively favorable weather patterns in the area last year.

Region 12 covers the provinces of South Cotabato, Sultan Kudarat, Sarangani, North Cotabato and the cities of General Santos, Koronadal, Tacurong, Kidapawan and Cotabato.

Citing data from the Department of Agriculture’s Bureau of Agricultural Statistics (BAS), Caraan said the area’s palay production increased by five percent compared to its 1.185 million MT yield in 2010.

She said the area’s palay production dropped by 3.6 percent in 2010 based on the 2009 records due to the impact of the dry spell that hit the region’s farm lands during the first two quarters.

With last year’s improved palay production, the official said “the region maintained its position as the fifth largest palay-producing region of the country and Mindanao’s top palay producer.”

Central Luzon remained as the country’s top palay producer with 2.616 million MT followed by Western Visayas with 2.245 million MT, Cagayan Valley’ with 2.145 million MT and Ilocos Region with 1.602 million MT.

In terms of corn production, Caraan said Region 12’s total yield of 1.170 million MT last year accounts for 16.8 percent of the total national production.

“Corn production in 2011 was 10 percent higher over the 1.064 million MT production in 2010, a reversal of the 7.2-percent decline in production (compared to 2009) due mainly to the dry spell that hit the region during the period,” she said in a statement released on Thursday.

The official said the region was the third largest corn-producing region in 2011 after Cagayan Valley with 1.602 millon MT and Northern Mindanao with 1.212 million MT.

The Autonomous Region in Muslim Mindanao (ARMM) corn production reached 797,000 MT, which is the fourth largest nationwide based on BAS records.

Across the region, Caraan said Cotabato Province remained as the biggest palay producer last year with 481,000 MT, accounting for 38.7 percent of the region’s total palay yield.

She said Cotabato ranked 8th among the top rice-producing provinces in the country in 2011 while Sultan Kudarat took the 11th spot with 404,200 MT.

For corn, she said South Cotabato produced 428,700 MT or 36.6 percent of the total regional output last year. The province ranked fourth among the largest corn-producing province in the country in 2011.

Caraan said Cotabato Province produced 379,900 MT (32.5 percent) followed by Sultan Kudarat with 226,900 MT (19.4 percent). Cotabato Province and Sultan Kudarat ranked fifth and 10th nationwide,
respectively. (Allen V. Estabillo/MindaNews)

Local officials in the region have proposed to make the Regional Development Council (RDC) and the Regional Peace and Order Council (RPOC) a part of the stakeholders in the ongoing talks.

The proposal was presented by Dipolog City Mayor Evelyn Uy, the RDC-9 Chair, during the meeting of the RPOC-9 Wednesday afternoon.

Robredo said that while it is the Office of the Presidential Adviser on the Peace Process (OPAPP) that has the final say on the issue, he is fully supporting the idea.

He added the involvement of the two councils should not only be in terms of being informed of the progress in the talks but also being consulted on the next steps in the negotiation.

“Hopefully, we will be able to work with OPAPP on this, inasmuch as there will be security implications in so far as Zamboanga Peninsula is concerned once this agreement is finalized,” the secretary, adding enough consultations should be done before any agreement is finalized to prevent the mistakes of the past.

Zamboanga City Mayor Celso Lobregat, the newly-appointed RPOC-9 chairman, said that until today, the city and other parts of Zamboanga Peninsula have not been consulted by the government peace panel despite the promise of panel chair Marvic Leonen to come back and consult with the residenats.

Lobregat said the RDCs and RPOCs of other regions in Mindanao should also be involved in the peace negotiations as all regions in the island would be affected by the agreement the two parties may reach.

Robredo was here to administer the oath of Lobregat as new RPOC-9 chief and for a dialogue with the council members during which piracy, illegal fishing, mining and other issues were brought to the attention of the secretary. (MindaNews)

This after the Regional Tripartite Wages and Productivity Board (RTWPB) did not issue a decision during their meeting last Wednesday regarding the minimum wages of private sector workers in the region.

Chona Mantilla, newly installed regional director of the Department of Labor and Employment (DOLE), said the board members have agreed to defer the matter late in March.

“There will be a new round of meetings on March 27 and 28 that will determine the steps we would take in as far as the minimum wage rates of private sector workers are concerned,” she said.

Early next month, Mantilla said they are slated to attend a National Wages and Productivity Commission conference in Davao City, which might help them address the wage condition in Region 12.

Also called SOCCSKSARGEN Region, it covers the provinces of South Cotabato, North Cotabato, Sultan Kudarat and Sarangani and the cities of General Santos, Koronadal, Tacurong, Kidapawan and Cotabato.

So far, no labor groups have formally filed a petition with the wage board seeking an adjustment in salaries.

Early this week, Jessie Dela Cruz, RTWPB secretary, told reporters that prices of basic consumer goods across the region have generally stayed the same in the past few months.

“Based on the

12►

The results of the public consultations were presented during last Wednesday’s RTWPB meeting here.

These consultations were held last January 25 and 26, in the cities of General Santos and Kidapawan, respectively,

Dela Cruz said data earlier presented by the regional offices of the National Economic and Development Authority and the Department of Trade and Industry, among others, “show no reasons” to increase the minimum wage in the area.

The NEDA report in particular states that prices of consumer goods have remained stable across the region, Dela Cruz said.

He admitted that prices of fuel products in the region have gone up, but claimed that “it was not an enough supervening condition” to adjust the salaries of workers since there are also oil price roll backs.

The wage order in effect for Region 12 was issued on October 31, 2010. Under the law, it has a life of one year but can be altered within such period if a supervening condition exists.

Based on Wage Order XII-16, the minimum daily wage rates in the region stands at P260 for non-agriculture workers, P240 for plantation workers, P235 for non-plantation workers, P240 for retail/service establishments employing not more than 10 workers and P234 for retail/service establishments employing less than 10 people.

The business sector in the region have pressed for a status quo on any salary adjustment, while militant groups have called for a legislated P125 across-the-board daily wage increase. (Bong Sarmiento/MindaNews)

“These areas are presently the focus of our (anti-dengue) monitoring and campaign because they commonly register significant cases of dengue based on our records,” Calonzo said.

The official said they have not yet recorded any dengue fatality in the area but she urged residents to take some extra precaution and observe the recommended anti-dengue measures, among them the
maintenance of clean surroundings.

She said households should regularly replace their stored water, especially those in big containers, after 24 hours to prevent the dengue-carrying Aedes aegypti mosquitoes from using them as breeding places.

“We should clean up our households and surroundings of open, unattended containers like tin cans to stop the dengue vectors from invading or spreading to our areas, especially now that were experiencing occasional rains,” Calonzo said.

Data from the Department of Health (DOH) in Region 12 showed that the city posted 161 confirmed dengue cases, including four fatalities, in the first half of 2011.
The succeeding monitoring and surveillance reports released by the agency noted that dengue cases in the area increased significantly during the rainy period from the months of July to September.

In three quarters last year, the city’s confirmed dengue cases reached 364 or down by 76 percent compared to the 1,525 cases recorded in 2010.
But local health personnel recorded 11 dengue deaths as of the end of September last year or up by a case compared to the same period in 2010.

Meantime, In nearby South Cotabato province, provincial health officer Dr. Rogelio Aturdido said they recorded 12 confirmed dengue cases in January.

He said half of the cases, which included two members of the 27th Infantry Battalion, were monitored in Tupi town.

“Our intensified (anti-dengue) campaign is ongoing and it is still anchored on the 4-S strategy because we found it very effective as a control measure,” Aturdido said.

The 4-S strategy, which was introduced by the DOH, stands for search and destroy, self-protection measures, seek early consultation and say no to indiscriminate fogging. (Allen V. Estabillo/MindaNews)

Comic and heart-wrenching at the same time, it teaches the lesson that true happiness can be had by wishing only for what we really need, not what we want, and that some blessings can come even from the most adverse of situations.

Since their family is dirt-poor, Ali and Zahra are forced to share his worn-out pair of shoes. The only good thing going for them is that she goes to school in the morning and he in the afternoon.

Ali however is in a worse situation. He always has to run fast to meet Zahra somewhere between their home and school to get the shoes to avoid being late for his classes.

His daily ordeal however proves to be a blessing in disguise. It transforms him into an athlete, a long-distance runner! And so when he learns of a race involving several schools he never hesitates to join the tryout and eventually the race itself.

The funny, if unusual, thing is that Ali aspires only to win the third place. The reason: the third placer gets to win a week at a vacation camp and a pair of sturdy sneakers. He desperately wants nothing more than new shoes. Forget the pride and honor of being a champion.

To his dismay however Ali places first, and so has to say goodbye to those pair of comfortable sneakers. He goes home distraught at the thought that fate has been unkind to his simple wish. Strange that Ali despises the victory that all the other contestants yearn so badly.

Of course, the story ends on a happy note. The last scene shows Ali’s father bringing home two new pairs of shoes for his children.

Nonetheless, it was not the ala-fairy tale ending that matters in the story but the nobility of asking only for what one actually needs.

But this seems to be a vanishing virtue. There are those who crave for more even if it comes from questionable sources, and end up not disclosing it in their statements of assets, liabilities and net worth. (MindaViews is the opinion section of MindaNews. H. Marcos C. Mordeno can be reached at hmcmordeno@gmail.com)

apan dako iyang kalisang
kay kasagaran
mga ten-edyer man
hesusmariaehosep
mga high-school
gani ang uban

iyang gipangutana
ang studyanteng batan-on
nagdala ba siya og condom
tubag sa bata
wala
kay masuko
ang simbahan

hapit siya (driver)
makapanguros
pangutana niya
simbako dodong
maburos?

bahala na
tubag sa batan-on
ang importante
valentine’s day

The two panels ended their three-day talks on contentious substantive issues at the Penang Room of the Sheraton Imperial Hotel mid-afternoon Wednesday, with a carefully worded statement that  expressed their  “satisfaction on the progress of their discussions” but recognized the “many challenges that have  yet to be resolved in order to find a political solution to the Bangsamoro Question and the armed conflict in Mindanao.”

The Statement acknowledged the “need to explore creative approaches that will address the political, legal and other dimensions of the problem.”

The panels are resolving issues on power-sharing, wealth-sharing, territory, and interim period.

The talks ended Wednesday, with only 45 days left to the end of the first quarter.

The Malaysian facilitator of the talks, Tengku Dato’ Ab Ghafar Tengku Mohamed, had described to MindaNews before the sessions resumed Wednesday morning that the discussions were “very tough.”

Just before proceeding to Penang Room, Tengku said the discussions were “sincere but tough.”

Based on their Joint Statement, the panels agreed to invite two consultants each to their respective delegations in the March talks. The date of next month’s talks is not indicated in the Statement.

The panels also agreed to renew the mandate of the Ad Hoc Joint Action Group (AHJAG) for another year beginning February 2012. The AHJAG’s previous mandate expired on February 10.

The AHJAG is a “joint team against criminal elements operating in MILF areas/communities, in order to pursue and apprehend such criminal elements.” It operates in tandem with their respective ceasefire committees, on the “isolation and interdiction of all criminal syndicates and kidnap-for-ransom groups including so-called ‘Lost Commands’ operating in Mindanao.”

The Parties also considered reports from the International Monitoring Team (IMT) but did not indicate what these reports focused on.

In the December 2011 talks, the mandate of the Malaysian-led IMT was renewed for another year from its expiration in March 2012.

The new Head of Mission, Major General Dato Abdul Rahim bin Mohd. Yussof of  the Royal Malaysian Air Force, is taking over the IMT this week.

In  their opening statements on January 9, government peace panel chair Marvic Leonen and ILF peace panel chair Mohagher Iqbal expressed optimism an agreement would be forged soon.

Leonen said “within this first quarter, let us attempt to craft an agreement” while Iqbal said “we want to finish this process as soon as possible and give our people the much sought for peace.”

But when the talks ended on  January 11, the Office of the Presidential Adviser on the Peace Process (OPAPP) issued a press statement quoting Leonen as saying, “we have inched forward but not fast enough” and that there was “very slight movement.”

An OPAPP press release on February 15 quoted Leonen as saying the peace process with the MILF “has moved forward… Now we have moved at least a few feet” and that “the day will come, I hope very, very soon that we will be able to sign a peace agreement.”

Iqbal in his opening statement on February 13, said all the issues had been laid on the table  –power-sharing, wealth-sharing, territory, and interim period and “we must tighten our belt and continue to deal with these issues head-on, bearing in the mind that time is running out, if we are to take into consideration the view of the GPH that the comprehensive compact has to be signed next month.”

Iqbal  asked the government peace panel to “consider seriously from now on putting all these agreed points including the 11-point formulation” in December 2011 “into formal documents and sign them, so we can tell ourselves that indeed we have achieved something and we are moving forward.”

“We propose that in this round of talks, we focus once more on the substantive issues and explore common grounds. We acknowledge that the issues that we tackle now are the more difficult ones but we are optimistic that we can find mutually viable solutions. Let us redouble our efforts to conclude these negotiations in the soonest possible time.  The sooner, the better,” Leonen said in his February 13 opening statement.  (Carolyn O. Arguillas/MindaNews)

The second day of the three-day peace talks fell on a Tuesday, Valentine’s Day and just as soon as the panels sat down before 10 a.m. for what was expected to be a really heavy day of discussions on substantive issues at the Penang Room of the Sheraton Imperial Hotel, government peace panel chair Marvic Leonen informed Malaysian facilitator Tengku Dato’ Ab Ghafar Tengku Mohamed that the women in the GPH (Government of the Republic of the Philippines) peace panel had something important to say.

The women — panel members Miriam Coronel-Ferrer and Bai Yasmin Busra-Lao, and members of the legal team – Johaira Wahab, Armi Bayot and Anna Basman – stood up to greet everyone a “Happy Valentine’s Day,” approached the MILF peace panel members, its secretariat and  handed over a heart-shaped canister of chocolates each to MILF chair Mohagher Iqbal, panel members Datu Michael Mastura, Abhoud Syed Lingga and Datu Antonio Kinoc,  secretariat members Jun Mantawil, Mike Pasigan, Mohadjirin Ali and the lone woman in the MILF team — peace panel consultant Raissa Jajurie, a lawyer.

Each heart-shaped Famous Amos canister, complete with a “Happy Valentine’s Day” sticker,  contains six pieces of Ferrero Rocher chocolates.

Ferrer handed a canister each to Mastura and Malaysian facilitator Tengku while Lao gave to Iqbal and Lingga.

Three of the GPH women are Muslims: Lao, Wahab and Basman.

Lao acknowledged that Muslims do not celebrate Valentines’ Day but added, “we live in a pluralistic society.”

Ferrer said “we did it in the spirit of friendship between panels and the spirit of collegiality between us women and the men with whom we are working hard to find a solution.”

MILF chair Mohagher Iqbal  told MindaNews  the act of giving was “very sweet” but added, “well, to us, the  spirit of Valentine is incidental; the real thing is we are engaged in negotiation to search for real justice and peace in Mindanao.”

No, the MILF men did not give the GPH women roses. “Wala. Just ‘thank you very much!’” said Iqbal.

No photograph of the gift-giving was taken.

Tengku admitted that Tuesday’s negotiation was “very tough” because it focused on substantive issues but declined to give details.

“It was sincere but tough,” he told MindaNews on Wednesday morning. (Carolyn O. Arguillas/MindaNews)

Siegfred Flaviano, Provincial Environment Management Office chief, said Wednesday that representatives of the group have approached the agency on how to get a clearance for legitimate small-scale mining activities.

“Although they have not formally filed an application, they are asking about the process and we have given them the requirements,” he told MindaNews.

He described those wanting to put up small-scale mining operations in the mountains of Tampakan “as private citizens of Liberty,” one of the town’s barangays.

Tampakan hosts the massive copper-gold project of foreign-backed Sagittarius Mines Inc, whose application for an ECC was denied last January 3 by the Department of Environment and Natural Resources.

Sagittarius Mines, which is controlled by Xstrata Copper, the world’s fourth largest copper producer, has since filed a motion for reconsideration with the Environment department.

Environment Sec. Ramon J.P. Paje ordered the denial of the ECC application of Sagittarius Mines in deference to the open-pit mining ban imposed by the South Cotabato provincial government.

Rene Pamplona, advocacy officer of the Social Action Center of the Diocese of Marbel, a staunch critic of Sagittarius Mines, separately confirmed the intention of locals to have legitimate small-scale mining operations in Tampakan.

“They want to engage in hydraulic or sluice mining operations,” he said.

Sluice mining, locally called banlas, is a destructive method banned by the provincial government. Employing high-pressure water jets to dislodge or move sediments, it has a devastating effect on the
environment including siltation and mercury contamination.

Flaviano said that banlas operations are still rampant in the mountains of Tampakan, touted as the largest known undeveloped copper-gold deposit in Southeast Asia.

Sagittarius Mines plans to start the commercial production of the Tampakan project in 2016 with an estimated capital requirement of $5.9 billion, potentially the largest single foreign investment in the country.

Flaviano said the consent of Sagittarius Mines would be needed before the small-scale applications would be processed if these fall within the tenement of the mining company.

The small-scale mining applicants would likewise need to get an area status clearance from the Mines and Geosciences Bureau, he added.

Constancio Paye Jr., MGB regional director, said that no small-scale mining operator has so far approached his agency for such requirement.

John Arnaldo, Sagittarius Mines corporate communications manager, bucked possible small-scale mining activities in the company’s tenement.

“Under our FTAA (Financial and Technical Assistance Agreement) contract with the government, the mine area is solely for large-scale minerals development,” he said in a text message.

Under Republic Act 7076 or the People’s Small-Scale Mining Act of 1991, the issuance of permit has been devolved to the provincial or local governments.

On the other hand, permits for large-scale mining ventures are issued by the national government. (Bong Sarmiento/MindaNews)

Felix J. Cruz, vice president for marketing support of PAL, said yesterday in a press briefing on the PAL Interclub at Marco Polo Hotel that the plan might be implemented by next year if the foreign regulating body will finally lift the status from category two to category one within this year.

In 2008, the Federal Aviation Administration downgraded the status of the country from category one to category two. A country with a category two status means that it has failed to meet the minimum safety oversight standards of the International Civil Aviation Organization.

FAA’s move also prompted European states to place the Philippines on a blacklist.

Cruz said the issues placing the country under category two status should be resolved first before the airline company could push through with its plan to expand its services in other cities of the world like in Europe, Australia and the United States.

He said one of the firm’s plan is to have a direct flight between Davao and Darwin upon noting the great potential of the Australian market.

At present, PAL has direct flights between Manila and Sydney, Melbourne and Brisbane, also in Australia.

“Now, we are looking into having a direct flight between Davao and Darwin because compared to Manila, Davao is nearer to Darwin. Australian tourists from Darwin also love beaches that Davao could offer. I think Davao has a great potential to draw more Australian tourists,” he said.

He explained that the area has various natural sites and products and many hotels where the tourists can stay.

PAL is also looking into having direct flights between Davao and some areas in Indonesia, although there is no concrete plans yet to revive the Davao-Manado route. (MindaNews)

City police director Senior Supt. Edwin de Ocampo said the cluster bombs were found by construction workers digging for a post foundation last Monday in Barangay Sta. Catalina.

Recovered were one 60-millimeter (mm) high explosive mortar, one 75.2-mm high explosive mortar, two 105-mm and one 155-mm projectiles, de Ocampo said.

He said the recovered bombs, which would be properly disposed later, were taken to the explosive and ordnance demolition office for safekeeping.

The vintage bombs could explode if not properly handled, he said.

De Ocampo said they have advised the construction workers to be careful in conducting diggings and to report to them in case they discovered more cluster bombs in their work site. (MindaNews)