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Rally marks 10th year of mining disaster
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By ELENA L. ABEN

BOAC, Marinduque — Thousands of Marinduqueños wearing black shirts, sporting black armbands and carrying black banderitas commemorated last Friday the 10th anniversary of the infamous Boac River Mining Disaster which wreaked havoc on their environment and livelihood.

Marinduque local officials said this year also marks the 30th anniversary of the dumping of mine wastes in Calancan Bay in Sta. Cruz and the 13th anniversary of the collapse of Maguila-guila Siltation Dam in Mogpog.

Bells tolled in every parish as early as 5 a.m., followed by solemn Mass as people mourned the losses the entire province incurred due to tragedies resulting from 30 years of irresponsible mining.

Marinduqueños lamented that despite these disasters – which affected the social, economic, environmental and health conditions of the people of the entire province – the national government through the Department of Environment and Natural Resources - Mines and Geosciences Bureau (DENR-MGB) responded by including the San Antonio Copper Project in the list of 23 mining priority areas in the country.

The inclusion showed the national government’s insensitivity and callous disregard for the suffering people of Marinduque as a result of the disasters caused by large-scale mining, complainants said.

"Today, we are one in prayers and action as we commemorate these tragic events to strengthen Marinduqueños’ resolve in our collective struggle to seek justice for the people and the environment," Bishop Rey Evangelista said in a letter read by Vicar General Msgr. Ramon Magdurulang.

For Marinduque Rep. Edmund O. Reyes, Jr., the solidarity and collective action demonstrated by Marinduqueños has been inspiring. "Talagang walang imposible kung nagkakaisa tayo at kasama ang Panginoon. Thanks to our united efforts and prayers, there is a very strong chance we may finally obtain justice our people deserve. Our case is rock solid owing to world-class objective evidence from some of the best international environmental, engineering and health experts," Reyes said.

"We have the United States Geological Survey (USGS) studies worked on together with the United States Environmental Protection Agency (EPA), Department of Health Poisons Control Center, Oxfam Australia, testimonies from congressional hearings, and various studies by the University of the Philippines and the Ateneo," he said.

The people of Marinduque, through the provincial government, filed a suit against Placer Dome, Inc. (PDI) in the US state of Nevada last Oct. 4 for the environmental and natural resource damages it caused in Marinduque in the hope of obtaining a just compensation for the Marinduqueño people and for the next generations of Filipinos.

PDI was the giant Canadian mining company that managed and controlled Marcopper Mining Company (MMC). PDI operated the mine until 1997 when it divested its shares in Marcopper. Lawyers Walter Scott, David Ammons and Reda Dennis, three members of a powerhouse team of American lawyers representing Marinduque, were one with the people in commemorating the tragic events as they prepare to defend the case against Place Dome, Inc.

"Placer Dome has filed a motion to dismiss last March 1 after several requested extensions," Scott said. The moves to dismiss by Placer Dome were on the basis of personal jurisdiction and forum non conveniens. "There were no surprises as we have anticipated these grounds," Scott said.

According to Scott, Placer Dome asserted that the Court lacked general jurisdiction over Placer Dome, and that Marinduque and other plaintiffs did not have the right to sue Placer Dome in Nevada because the latter supposedly did not conduct any business in the province.

Placer’s jurisdictional challenge was premised on a sworn statement of Mark Ruus, Placer Dome’s vice president of taxation, which had already been contested as false and misleading by one of Placer Dome’s own former executives.

"Placer Dome’s position is disproved by the facts, and the Province has responded to Placer Dome’s jurisdictional challenge with a more than one foot-thick motion of its own highlighting Placer Dome’s pervasive contacts in Nevada while also demanding jurisdictional discovery to further probe Placer Dome’s contentions," Scott said.

Placer Dome’s forum non conveniens argument contended that, instead of Nevada, the only appropriate or convenient forum for the case was Canada – and not the Philippines. Under the applicable tests and considerations, there was nothing to argue in favor of Canada over Nevada other than that some, but not even all, of Placer Dome’s personnel resided in Canada.

However, that fact was not of any real consequence to the determination at hand, Scott said, adding that Placer Dome did not even consider the Philippines as an alternative forum.

"It is ironic that Placer Dome uses forum non conveniens to defend against suits brought in Canada while in this case, it argues in favor of Canada," Scott said.

Marinduque Gov. Carmencita Reyes, on the other hand, said Placer Dome would want the case to be in Canada because it would have "home court advantage" there. "What we want is a neutral hearing so that a fair decision can be reached by the court. I am hopeful that we can get justice from the US Federal Court in Nevada," Reyes said.

Meanwhile, the Marinduque Council for Environmental Concerns (MACEC) said in the 30 years of hosting large-scale mining projects, Marinduque remains one of the only seven fourth-class provinces in the country. It noted that Marinduque is ranked as 14th poorest province in the Philippines and the province with the third most denuded forests. It has a high poverty incidence of 71.9 percent, MACEC said.

According to MACEC Executive Secretary Myke R. Magalang, this should be a reminder to the national government and a wake-up call to other provinces lest they fall into the trap of promised "economic miracles" by mining companies. This is particularly relevant consider that the major thrust of the Arroyo administration is to revitalize the mining industry in the country, Magalang said.

"The overwhelming support of the people of Marinduque to heed the call for a day of mourning, unity and prayer demonstrates that we are in solidarity in our campaign for a mining-free province," he added.

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