Bishop admits info on mining ‘second hand’
Philippine Daily InquirerLast updated 01:51am (Mla time) 07/27/2006
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SORSOGON CITY -- A BISHOP WHO HEADED an investigation of two mine spills in Rapu-Rapu refused to testify on the findings of his team, saying the pieces of information he had on mining on the island were all “second hand.”
Judge Raul de Leon of the Regional Trial Court Branch 52 issued a subpoena to Sorsogon Bishop Arturo Bastes, who headed the now-defunct commission, to help the court in deciding on the motion for a temporary restraining order filed by lawyer Gil Gojol.
Bastes said he wrote the court and asked that he be excused from testifying as he was not an expert on the issue and that his information on the mining operations were all “second-hand.”
“I am not the proper person that should be asked to testify because my knowledge is not first-hand information. They should summon Charles Avila or the other members of the commission who are technical people,” he said.
The motion for a TRO was filed July 5 here, well ahead of a similar case filed in Manila by some 800 antimining advocates.
The Mines and Geosciences Bureau has asked the court to deny the motion, saying it was premature.
MGB Director Horacio Ramos, in a reply sent to the court, said the test run was not an assurance that mining operation in Rapu-Rapu would be allowed to fully resume by the government.
He said the MGB was the proper government agency to determine whether or not the mining operation should be allowed to continue, and not the courts.
Gojol said he filed the case on behalf of more than 2,000 fishermen and fish vendors who claimed their livelihood suffered as a result of two waste spills from the mining operations.
Officials of the Department of Environment and Natural Resources, led by Environment Secretary Angelo Reyes, vouched for the safety of the mining operation after inspecting the mining site and its facilities.
The Bastes commission has recommended to the government, among other things, the cancellation of the company’s environmental compliance certificate, saying mining could never be safe in Rapu-Rapu due to its fragile ecosystem.
The commission’s report was cited by Gojol in his petition and asked the court to summon Bastes to testify on the findings.
Lafayette officials, meanwhile, said the motion for TRO had no legal basis and would bring injury to the company, its employees, suppliers and the host communities.
They sought the case’s dismissal, citing technical infirmity in the case after it noted the absence of a certification of non-forum shopping