Writ of Amparo and TVIRD
This is a joint petition for Writ of Amparo filed under
AM No. 07-9-12-SC, promulgated on 25 September 2007.
The petitioners’ lives, safety, and security are presently in
danger and threatened by the imminent and impending acts
perpetrated by the above-named respondents.
Rudy Segovia, one of the picketers, opposed to the mining operations of TVI Resources Development, was shot four times by a TVI company blue guard. Rudy died on the spot on March 6, 2011 inside the mining area.
According to the witness, prior to the killing incident, Segovia who was one of the picketers complained about the dusty road and requested TVI to sprinkle water on the road to control the dust while company-owned trucks and vehicles pass by.
But nothing was done about the request, so they put wooden chair and blocked the road to stop the operation.
Philippines: Reform of the Fiscal Regimes for Mining and Petroleum; IMF Country Report No. 12/219; June 1, 2012
The primary focus of the mission was the fiscal regime for the mining sector. The reason for this is the mining sector is much larger than the petroleum sector, and the concern, expressed in some quarters, that the mining sector is not paying its fair share. One indication
of low contribution of the mining sector to government revenue is that mining sector’s payments to government as a share of total taxes is less than the mining sector’s share of GDP. The mining sector’s low contribution to government revenue is, in part, due to the
mining sector comprising mostly small-scale mines (with about 34 percent of total value mining production) do not pay a lot of tax, older mines that are in their twilight years, and a few new mines that are enjoying tax holidays.
The Tampakan Copper-Gold Project and Human Rights Violations in the South Cotabato, Philippines
Summary
The Tampakan Copper-Gold Project in the Philippines threatens the environment and the livelihoods of local populations. The Bla'an indigenous peoples that occupy these ancestral territories oppose the project and are victims of multiple violations of human rights. But Glencore-Xstrata is still insisting on pursiung the project.
26th session of the Human Rights Council 2014
Item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
Joint written statement of the Europe-Third World Centre (CETIM) and Franciscans International
UN symbol: A/HRC/26/NGO/94
Speech by Julian Payne, President, Canadian Chamber of Commerce of the Philip...No to mining in Palawan
Speech by Julian Payne, President, Canadian Chamber of Commerce of the Philippines
On “A Foreign Investor’s View on Mining in the Philippines”
At the Development Academy of the Philippines, Pasig City, on July 10, 2014
Rudy Segovia, one of the picketers, opposed to the mining operations of TVI Resources Development, was shot four times by a TVI company blue guard. Rudy died on the spot on March 6, 2011 inside the mining area.
According to the witness, prior to the killing incident, Segovia who was one of the picketers complained about the dusty road and requested TVI to sprinkle water on the road to control the dust while company-owned trucks and vehicles pass by.
But nothing was done about the request, so they put wooden chair and blocked the road to stop the operation.
Philippines: Reform of the Fiscal Regimes for Mining and Petroleum; IMF Country Report No. 12/219; June 1, 2012
The primary focus of the mission was the fiscal regime for the mining sector. The reason for this is the mining sector is much larger than the petroleum sector, and the concern, expressed in some quarters, that the mining sector is not paying its fair share. One indication
of low contribution of the mining sector to government revenue is that mining sector’s payments to government as a share of total taxes is less than the mining sector’s share of GDP. The mining sector’s low contribution to government revenue is, in part, due to the
mining sector comprising mostly small-scale mines (with about 34 percent of total value mining production) do not pay a lot of tax, older mines that are in their twilight years, and a few new mines that are enjoying tax holidays.
The Tampakan Copper-Gold Project and Human Rights Violations in the South Cotabato, Philippines
Summary
The Tampakan Copper-Gold Project in the Philippines threatens the environment and the livelihoods of local populations. The Bla'an indigenous peoples that occupy these ancestral territories oppose the project and are victims of multiple violations of human rights. But Glencore-Xstrata is still insisting on pursiung the project.
26th session of the Human Rights Council 2014
Item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
Joint written statement of the Europe-Third World Centre (CETIM) and Franciscans International
UN symbol: A/HRC/26/NGO/94
Speech by Julian Payne, President, Canadian Chamber of Commerce of the Philip...No to mining in Palawan
Speech by Julian Payne, President, Canadian Chamber of Commerce of the Philippines
On “A Foreign Investor’s View on Mining in the Philippines”
At the Development Academy of the Philippines, Pasig City, on July 10, 2014
MINING
“SECTION 4. Grant of Mineral Agreements Pending New Legislation. No new mineral agreements shall be entered into until a legislation rationalizing existing revenue sharing
schemes and mechanisms shall have taken effect. The DENR may continue to grant and issue Exploration Permits under existing laws, rules and guidelines.” - Executive Order No. 79, July 6, 2012.
The report is based on a desk study and a three-week
field trip to the Philippines, where data was gathered
through qualitative interviews. Interview partners included
affected communities, company representatives, local and
national civil society organizations, as well as government
authorities. By evaluating this data we shed light on the
main human rights issues linked to the Tampakan Project.
The choice of our interview partners reflects our human
rights approach. While our interviewees have both positive
and negative attitudes towards the Tampakan Project, they
do not constitute a representative sample of the population
in the area. Instead, our goal is to make sure that we include those people who have serious concerns with regard to their human rights situation and to analyze their hopes and fears and complement this information with desk research and the views of other stakeholders and experts.
Prior to the start of stock exchange trading on 5 January 2012, Intex issued a stock exchange announcement stating that it had signed a MoU with MCC8 for the development of its nickel project in Mindoro. This agreement could grant MCC8 a “project management contract” (“PMC”) which would mean that MCC8 would take on most of the responsibility for the project finance and development of the field. As consideration for this, MCC8 and its strategic partners would have an option to purchase up to 90% of Mindoro Nickel, in a staged process, for a total of USD 296 million. Intex would retain 10% and would have an option to buy back a further 10% for up to USD 60 million following completion of the project1.
CLIMATE CHANGE CONGRESS
OF THE PHILIPPINES, INC.(CCCP)
POSITION PAPER ON THE PHILEX MINING DISASTER
pp.1-6
Room 1 Bonifacio Hall, UP SOLAIR, Diliman, Quezon City
Phone no. (632) 385-5638 / Email address: climatechangecongress.org
SUMMARY STATEMENT TO THE SENATE COMMITTEES ON THE ENVIRONMENT AND HEALTH, MARCH 19, 2013
By: Christian S. Monsod
Climate Change Congress of the Philippines
pp.1-5
PAB Resolution
IN THE MATTER OF
WATER POLLUTION CONTROL
AND ABATEMENT CASE
DENR-PAB Case No. CAR-00836-12
- versus-
PHILEX MINING CORPORATION,
Respondent.
FOR: Violation of R.A. 9275 and Its
Implementing Rules and Regulations
25 February 2013
With an estimated $1.4 trillion in reserves, Philippine mining potential ranks
fifth in the world, covering an estimated 9 million hectares, but less than
2% has mining permits. After long stagnation, the sector has been coming
back after a 2005 SC decision affirming RA 7942, considered a world-class
legal framework for sustainable development. Minerals development is a
government priority and has great potential for jobs and revenue. Government
has identified over 60 priority PPP projects. Mining can support poor
rural areas through high quality jobs, local tax payments, and community
development. The national government receives substantial royalty and tax
payments. Government revenue from mining increased 800% from 2002 to
PhP10.4 billion in 2007. However, full development of the sector continues
to face significant challenges. Lengthy, tedious approvals for Exploration
Permits (EPs) continue to impede investment. Several LGUs have closed their
provinces to mining. Industry is concerned that the Writ of Kalikasan might
disturb lawful activities. An investor cannot tell easily if land is ancestral land.
Skilled Mines and Geosciences Bureau (MGB) personnel often leave public
service. EO 79 has imposed a moratorium on new mining permits, pending the
passage of a new law on the revenue-sharing scheme between industry
The Fraser Institute Annual Survey of Mining
Companies was sent to approximately 4,100
exploration, development, and other mining-related
companies around the world. Several mining
publications and associations also helped publicize the
survey... The survey, conducted from October 9, 2012,
to January 6, 2013, represents responses from 742 of those
companies. The companies participating in the survey
reported exploration spending of US$6.2 billion
in 2012 and US$5.4 billion in 2011
Application For The Environmental Compliance Certificate (ECC) Of The Tampakan Project
O.P. Case No.12-F-159
DENR Case No. 1966
Paquito N. Ochoa, Jr
Executive Secretary
Philippines
UPDATE ON THE NICKELIFEROUS LATERITE MINERAL RESOURCES
OF MARCVENTURES MINING AND DEVELOPMENT CORPORATION’S
MPSA 016-93-XIII
LOCATED IN THE MUNICIPALITIES OF CANTILAN AND CARRASCAL,
SURIGAO DEL SUR, PHILIPPINES
Pollution Adjudication Board fines Philex Mining over Clean Water Act ViolationsNo to mining in Palawan
Pollution Adjudication Board fines Philex Mining over Clean Water Act Violations
On Thursday, January 24, Philex disclosed to the exchange that it received a notice of issuance from the Pollution Adjudication Board (PAB)to cease-and-desist from using its tailings pond at its Padcal mine in Benguet following a mine spill in August 2012.
The new environmental legislation replaces 18 environmental laws with 8 laws and introduces 2 entirely new laws. The purpose of the review was to reduce duplication and improve the quality of regulation, ensure responsible, environmentally-friendly and sustainable development, improve economic efficiency, introduce international standards in environmental auditing and the "polluter pays" principle, increase public participation in environmental decision-making, and secure funds for environmental protection.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
MINING
“SECTION 4. Grant of Mineral Agreements Pending New Legislation. No new mineral agreements shall be entered into until a legislation rationalizing existing revenue sharing
schemes and mechanisms shall have taken effect. The DENR may continue to grant and issue Exploration Permits under existing laws, rules and guidelines.” - Executive Order No. 79, July 6, 2012.
The report is based on a desk study and a three-week
field trip to the Philippines, where data was gathered
through qualitative interviews. Interview partners included
affected communities, company representatives, local and
national civil society organizations, as well as government
authorities. By evaluating this data we shed light on the
main human rights issues linked to the Tampakan Project.
The choice of our interview partners reflects our human
rights approach. While our interviewees have both positive
and negative attitudes towards the Tampakan Project, they
do not constitute a representative sample of the population
in the area. Instead, our goal is to make sure that we include those people who have serious concerns with regard to their human rights situation and to analyze their hopes and fears and complement this information with desk research and the views of other stakeholders and experts.
Prior to the start of stock exchange trading on 5 January 2012, Intex issued a stock exchange announcement stating that it had signed a MoU with MCC8 for the development of its nickel project in Mindoro. This agreement could grant MCC8 a “project management contract” (“PMC”) which would mean that MCC8 would take on most of the responsibility for the project finance and development of the field. As consideration for this, MCC8 and its strategic partners would have an option to purchase up to 90% of Mindoro Nickel, in a staged process, for a total of USD 296 million. Intex would retain 10% and would have an option to buy back a further 10% for up to USD 60 million following completion of the project1.
CLIMATE CHANGE CONGRESS
OF THE PHILIPPINES, INC.(CCCP)
POSITION PAPER ON THE PHILEX MINING DISASTER
pp.1-6
Room 1 Bonifacio Hall, UP SOLAIR, Diliman, Quezon City
Phone no. (632) 385-5638 / Email address: climatechangecongress.org
SUMMARY STATEMENT TO THE SENATE COMMITTEES ON THE ENVIRONMENT AND HEALTH, MARCH 19, 2013
By: Christian S. Monsod
Climate Change Congress of the Philippines
pp.1-5
PAB Resolution
IN THE MATTER OF
WATER POLLUTION CONTROL
AND ABATEMENT CASE
DENR-PAB Case No. CAR-00836-12
- versus-
PHILEX MINING CORPORATION,
Respondent.
FOR: Violation of R.A. 9275 and Its
Implementing Rules and Regulations
25 February 2013
With an estimated $1.4 trillion in reserves, Philippine mining potential ranks
fifth in the world, covering an estimated 9 million hectares, but less than
2% has mining permits. After long stagnation, the sector has been coming
back after a 2005 SC decision affirming RA 7942, considered a world-class
legal framework for sustainable development. Minerals development is a
government priority and has great potential for jobs and revenue. Government
has identified over 60 priority PPP projects. Mining can support poor
rural areas through high quality jobs, local tax payments, and community
development. The national government receives substantial royalty and tax
payments. Government revenue from mining increased 800% from 2002 to
PhP10.4 billion in 2007. However, full development of the sector continues
to face significant challenges. Lengthy, tedious approvals for Exploration
Permits (EPs) continue to impede investment. Several LGUs have closed their
provinces to mining. Industry is concerned that the Writ of Kalikasan might
disturb lawful activities. An investor cannot tell easily if land is ancestral land.
Skilled Mines and Geosciences Bureau (MGB) personnel often leave public
service. EO 79 has imposed a moratorium on new mining permits, pending the
passage of a new law on the revenue-sharing scheme between industry
The Fraser Institute Annual Survey of Mining
Companies was sent to approximately 4,100
exploration, development, and other mining-related
companies around the world. Several mining
publications and associations also helped publicize the
survey... The survey, conducted from October 9, 2012,
to January 6, 2013, represents responses from 742 of those
companies. The companies participating in the survey
reported exploration spending of US$6.2 billion
in 2012 and US$5.4 billion in 2011
Application For The Environmental Compliance Certificate (ECC) Of The Tampakan Project
O.P. Case No.12-F-159
DENR Case No. 1966
Paquito N. Ochoa, Jr
Executive Secretary
Philippines
UPDATE ON THE NICKELIFEROUS LATERITE MINERAL RESOURCES
OF MARCVENTURES MINING AND DEVELOPMENT CORPORATION’S
MPSA 016-93-XIII
LOCATED IN THE MUNICIPALITIES OF CANTILAN AND CARRASCAL,
SURIGAO DEL SUR, PHILIPPINES
Pollution Adjudication Board fines Philex Mining over Clean Water Act ViolationsNo to mining in Palawan
Pollution Adjudication Board fines Philex Mining over Clean Water Act Violations
On Thursday, January 24, Philex disclosed to the exchange that it received a notice of issuance from the Pollution Adjudication Board (PAB)to cease-and-desist from using its tailings pond at its Padcal mine in Benguet following a mine spill in August 2012.
The new environmental legislation replaces 18 environmental laws with 8 laws and introduces 2 entirely new laws. The purpose of the review was to reduce duplication and improve the quality of regulation, ensure responsible, environmentally-friendly and sustainable development, improve economic efficiency, introduce international standards in environmental auditing and the "polluter pays" principle, increase public participation in environmental decision-making, and secure funds for environmental protection.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
3. PETITION
PETITIONERS, through undersigned counsel, and unto
this Honorable Court of Appeals, most respectfully aver
THAT:
PREFATORY STATEMENT
1. This is a joint petition for Writ of Amparo filed under
AM No. 07-9-12-SC, promulgated on 25 September 2007.
The petitioners’ lives, safety, and security are presently in
danger and threatened by the imminent and impending acts
perpetrated by the above-named respondents.
2. The respondents are presently executing a plan
which they themselves have conceptualized and named as,
“OPLAN BONGKAG” (Operation Destruction) and “PLAN-X”.
This is a systematic and company-planned operation to end
the life, eliminate, and/or liquidate herein petitioners and
their immediate families. Petitioners have known of these
plans through series of electronic mails or e-mail exchanges
between certain officers of respondent TVI Resource
Development Philippines Inc. (“TVIRD” for brevity), coupled
by constant surveillance on petitioners’ whereabouts by
2 Petition for Amparo
4. unknown and suspicious-looking and behaving men who
were riding motorcycle, tailing them on their travels, and
loitering in front of their homes and places of work at Sitio
Balabag, Depore, Bayog, Zamboanga del Sur or at their
respective immediate relatives’ residence. Petitioners have
been receiving actual threat messages in their cellular
phones.
PARTIES
3. Petitioners ARANDY “RANDY” D. SILVA, ROSELYN
V. SILVA, EDGAR T. BALING, DENNIS B. PAQUIT, JOEL
E. CAYABYAB and ALEX “LEK” A. CABUG-OS, are members
of the thriving community at Sitio Balabag, Depore, Bayog,
Zamboanga del Sur. The community in Sitio Balabag,
Depore, Bayog, Zamboanga del Sur consists of the Subanen
and settlers who subsist on farming, wood gathering, and
small time or small-scale mining activities. Other
Petitioners, JULIETO “GIGING” L. MONDING, member of
Sangguniang Bayan of Bayog, Zamboanga del Sur, and
broadcaster, JOSELITO A. PEDRANO. For purposes of this
petition, notices, orders and other processes of the
Honorable Court of Appeals may be served through the
3 Petition for Amparo
5. preferred address provided by undersigned counsel in this
petition.
4. Individual respondents EUGENE T. MATEO, JOHN
RIDSDEL, YULO PEREZ, ROBERT JAY NELSON, RENNE P.
SUBIDO, LUIS JOVITO A. SANTOS JR., RENE DE OCAMPO,
EMMANUEL S. CAYTON, PAUL VINCENT ARIAS,
VALENTINO V. EDANG, CIPRIANO BAYAN, MARLOU
CORANEZ are corporate officers and agents of TVIRD, a
corporation registered under the laws and Constitution of
the Republic of the Philippines, and operating therein which
can be sued. Its business address is at 22nd Floor, Equitable
PCI Bank Tower, 8751 Paseo de Roxas, Makati City, Metro
Manila, where they can be served with subpoenas, notices,
orders and other processes of this Honorable Court of
Appeals. TVIRD is the Philippine affiliate of TVI PACIFIC
INC., a Canadian-owned entity, headed by its Chairman of
the Board, Clifford James. TVI PACIFIC INC. is a
substantial investor of TVIRD and controls the latter.
In particular:
4.1 Respondent EUGENE T. MATEO is currently the
President/CEO of TVIRD as such he is
responsible for the over-all affairs of the company.
He is impleaded in this petition being the topmost
4 Petition for Amparo
6. level executive of the corporation so that he
should have knowledge of the plans, programs
and activities which TVIRD officers, executives,
and agents have undertaken.
4.2 JOHN B. RIDSDEL is the Senior Vice president
and Chief Operating Officer of TVIRD second in
command for corporation’s undertakings. He is
impleaded in this petition as he should have
knowledge of the plans, programs and activities
which TVIRD officers, executives, and agents have
undertaken.
4.3 YULO PEREZ is currently Vice President for
Philippine Operations of TVIRD, the next level
executive. Being the executive for operations, he
is in command for the day-to-day operations in
the Philippines. Likewise, his office carries with it
the responsibility to know the plans, programs
and activities which TVIRD, its officers,
executives, and agents are undertaking in
Philippine operations. Further, testimonial and
documentary evidence in this petition shows of
his actual and direct participation in the
5 Petition for Amparo
7. operations in Sitio Balabag, Depore, Bayog,
Zamboanga del Sur.
4.4 ROBERT JAY NELSON is Vice President for
Environment and Civil Works of TVIRD. He is
responsible for the company’s infrastructure and
civil works operations. He is impleaded in this
petition being a responsible corporate officer and
is presumed to have knowledge of the activities
which TVIRD and its officers, executives, and
agents are undertaking in Sitio Balabag, Depore,
Bayog, Zamboanga del Sur .
4.5 RENNE P. SUBIDO is a corporate officer for social
commitments of TVIRD. He is impleaded in this
petition as a corporate officer and is presumed to
have knowledge of the activities with which
TVIRD, its officers, executives, and agents are
undertaking in Sitio Balabag, Depore, Bayog,
Zamboanga del Sur. Furthermore, documentary
evidence in this petition suggests of his actual
and direct knowledge in the operations in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur.
6 Petition for Amparo
8. 4.6 LUIS JOVITO A. SANTOS, JR. is the Vice President
for finance of TVIRD. Documentary evidence in
this petition show of his actual knowledge and
direct participation in the operations in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur
against herein petitioners.
4.7 RENE DE OCAMPO, Vice President for Human
Resources of TVIRD. Documentary evidence in
this petition would explain of his actual
knowledge and direct involvement of operations in
Sitio Balabag, Depore, Bayog, Zamboanga del Sur
against herein petitioners.
4.8 EMMANUEL S. CAYTON is a retired army general
hired by TVIRD as Security Director. Testimonial
and documentary evidence emphasize that he has
actual and direct participation in the operations
in Sitio Balabag, Balabag, Depore, Bayog,
Zamboanga del Sur especially against herein
petitioners.
4.9 PAUL VINCENT ARIAS is a former Philippine
National Police (PNP) senior officer, now employed
7 Petition for Amparo
9. as on-site Security Officer of TVIRD. Testimonial
and documentary evidence show that he has
actual knowledge and involvement in the
operations in Sitio Balabag, Depore, Bayog,
Zamboanga del Sur against herein petitioners.
4.5.0. VALENTINO EDANG is a retired army officer now
hired as field Security Manager for Sitio Balabag
Project of TVIRD. Testimonial and documentary
evidence emphasize that he has actual knowledge
and participation in the operations in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur
against herein petitioners.
4.5.1 MARLOU CORANEZ is a corporate executive of
TVIRD for Sitio Balabag Project. Testimonial and
documentary evidence explain that he has
actual knowledge and involvement in the
operations in Sitio Balabag, Depore, Bayog,
Zamboanga del Sur against herein petitioners.
4.5.2 CIPRIANO BAYAN is a former member of the
military and is currently hired by respondent
8 Petition for Amparo
10. corporation, TVIRD, to supplement its security
force.
4.5.3 The privately armed BLUE GUARDS who
operate as security personnel for TVIRD in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur
under the direct command and instruction of
YULO PEREZ, EMMANUEL S. CAYTON,
VALENTINO EDANG, and PAUL VINCENT ARIAS;
4.5.4 SPECIAL CIVILIAN ACTIVE AUXILLIARIES
(SCAA) under the control and supervision of 1st
Infantry Tabak Division, 53rd IB, 102nd Brigade
Philippine Army in Ipil, Zamboanga Sibugay;
Respondent’s Addresses for
Service of Summons/Orders/
Notices of the Honorable Court
of Appeals
5. Respondents EUGENE T. MATEO, JOHN B.
RIDSDEL, YULO PEREZ, ROBERT JAY NELSON, RENNE
SUBIDO, LUIS JOVITO A. SANTOS JR., RENE DE OCAMPO,
MARLOU CORANEZ, and EMMANUEL S. CAYTON may be
served with summons and/or notices and orders of this
Honorable Court of Appeals at 22nd Floor, Equitable PCI
9 Petition for Amparo
11. Bank Tower, 8751 Paseo de Roxas, Makati City, Metro
Manila.
6. Respondents PAUL VINCENT ARIAS, VALENTINO
EDANG, the BLUE GUARDS, CIPRIANO BAYAN, and Special
Civilian Active Auxiliaries (SCAA) may be served with
summons and/or notices and orders from this Honorable
Court at TVIRD Field Office at Sitio Balabag, Depore, Bayog,
Zamboanga del Sur.
7. Public respondent MAYOR LEONARDO BABASA
(“MAYOR BABASA,” for brevity) is the incumbent municipal
mayor of Bayog, Zamboanga del Sur. He is herein impleaded
as having closed association with the named private
respondents, executives and officers of TVIRD. Mayor
Babasa has knowledge and approved the plan of liquidation
and/or attack on petitioners based on the disclosed
documents in this petition. He may be served with
summons at the Office of the Municipal Mayor, town hall,
Bayog, Zamboanga del Sur.
8. Public respondent GOVERNOR ANTONIO H.
CERILLES, (“GOV. CERILLES,” for brevity) is the incumbent
Governor of Zamboanga del Sur. He is here impleaded as
10 Petition for Amparo
12. having close association with the respondents TVIRD’s
corporate officers and executives. He has actual and direct
knowledge so that he approved the plan of liquidation
and/or attack on petitioners based on the disclosed
documents in this petition. He may be served with
summons at the Office of the Provincial Governor, Capitol
Compound, Pagadian City. As an incumbent highest public
official in the province, he has vast influence and control
over certain line agencies of Zamboanga del Sur provincial
government and, to a certain extent, latent influence in
other government offices, as well as judicial and quasi-
judicial bodies therein.
FACTS RELEVANT and MATERIAL
FOR THE ISSUANCE OF
WRIT OF AMPARO
A peaceful and abundant community
9. Sitio Balabag, Barangay Depore, Bayog, Zamboanga
del Sur is occupied and claimed by the Subanen, a group of
indigenous people (IPs) in Zamboanga del Sur as their
ancestral domain. They are in the process of acquiring title
or Certificate of Ancestral Domain Title (CADT) over this
same area.
11 Petition for Amparo
13. 10. In their assertion for self-determination, and their
right to development, they are now formulating their
development plan which includes the identification of
resources. Very important and valuable natural resource
which their ancestral domain has is the rich mineral
deposits which make a foreign-national corporation doing
business in the Philippines very interested in the area.
Respondent TVIRDP is interested in the ancestral domain in
Sitio Balabag, Depore, Bayog, Zamboanga del Sur.
11. The foreigners have no place in the ancestral
domain of the Subanen in Balabag, Depore, Bayog,
Zamboanga del Sur as the Subanen are enjoying their
mineral-rich home. Subanen and the settlers have
harmonious relationship since 1980s until at present so
that they are in partnership for the development of their
mineral-rich ancestral domain. Small-scale mining activities
have been conducted in Sitio Balabag, Depore, Bayog
Zamboanga del Sur since the 1980s.
12. Petitioners ARANDY “RANDY” D. SILVA,
ROSELYN V. SILVA, EDGAR T. BALING, DENNIS B.
PAQUIT, JULIETO “GIGING” L. MONDING, JOEL E.
CAYABYAB as well as ALEX “LEK” A. CABUG-OS are
12 Petition for Amparo
14. noteworthy Filipino settlers in the mineral-rich ancestral
domain of the Subanen as they are now the subject of plan
of liquidation and operation of annihilation by the foreign
company, TVIRD.
13. Meanwhile, in 1997, the thriving communities in
Sitio Balabag, Depore, Bayog, Zamboanga del Sur formed a
non-stock, nonprofit association by the name of Monte de
Oro Small Scale Miners Association (“MOSSMA,” for brevity).
This is organized to give the community of Subanen and
settlers a legal personality. MOSSMA is a duly organized
corporation under Philippine Constitution and laws, with
SEC Registration No. G1997-00247, issued on August 14,
1997. While the 60% of its membership is Subanen,
Petitioners are members and some of them officers of
MOSSMA.
14. This year, on 28 February 2012, MOSSMA
opposed the Mineral Production Sharing Agreement (MPSA)
of the TVIRD by filing a Petition 1 . They wanted to assert
that their area should be declared as people’s small-scale
mining area (PSSMA) or Minahang Bayan pursuant to
Republic Act 7076, to benefit Filipinos as preferred by the
1
ANNEX “A”
13 Petition for Amparo
15. 1987 Philippine Constitution. Likewise, the Subanen issued
a declaration on NO Free and Prior Informed Consent (FPIC)
to prevent TVIRD from conducting mining operations in
their ancestral domain.
15. In this harmonious relationship of the Subanen
and the settlers in Balabag, Depore, Bayog, Zamboanga del
Sur, TVIRD should forcibly drive them away from their area
so that the latter can exploit the mineral-rich land, and
bring a large profit to their own country, leaving Filipinos
with nothing but denuded land, silted river and displaced
farmers and indigenous people.
16. The small-scale mining activities of the Subanen
and the settlers are dispensable obstacle to Respondents’
TVIRD time-bound objective of occupying the area in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur, so that they
are now resorting to various forms of violence, harassments
and clandestine schemes directed at extra-judicially
eliminating and/or liquidating members of local community,
individuals and organizations as well as small-scale mining
activities, at all costs and at all means. The Respondents’
plan of annihilation should also include the community’s
14 Petition for Amparo
16. friend from the media and the Sangguniang Bayan who
strongly oppose as well as staunch advocates of anti-large-
scale mining by TVIRD.
17. Obviously, TVIRD executives are under pressure
by foreign investors to fast track their large scale mining
operations and even to disregard fundamental human rights
to life, property, and liberty by whatever means and
according to their own terms only.
The Continuous Surveillance and
Actual Threats to life and property on
the Petitioners.
18. Since February 2012 until at present, the
Petitioners have been experiencing constant harassments
and actual threats on their lives after MOSSMA filed a
petition on 28 February 2012 to declare areas in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur a Minahang
Bayan pursuant to RA 7076. Their assertion to declare the
mining areas in Sitio Balabag, Depore, Bayog, Zamboanga
del Sur as people’s small-scale mining area dates back even
prior to August 1, 1987.
15 Petition for Amparo
17. 19. In particular, the circumstance of threats and
surveillance are, to wit:
ROSELYN V. SILVA
19.1. Roselyn V. Silva is the President of Monte de Oro
Small Scale Miners Association. She maintains a
residence, and a workplace at Sitio Balabag, Depore,
Bayog, Zamboanga del Sur. Attached to this petition is
the affidavit of Roselyn D. Silva as Annex “B” attesting
that: Sometime between 27 February 2012 to 4 April
2012, she received a text message stating, to wit:
“Gusto lang naming malaman nyo na
alam naming kung saan kayo
nagpupunta. Markado na namin lahat
mga sasakyan ninyo. Napakadali
naman pala ninyong tudasin. Pero
hayaan ninyong unahin galing sa baba
hanggang sa taas. Pakisabi kay ed
baling trabaho lang kung R.I.P. na sya.
Isusunod naming ang nagbibigay ng info
sa inyo, si joel. Pakisabi na alam
naming na tumutulong sya sa inyo.
Itutumba naming sya. Isusunod naming
ang Silva at last si Mr. Monding.”
(Emphasis ours)
19.1.1. Subsequently, ROSELYN V. SILVA reported the
matter to the police on 5 April 2012 through a letter
addressed to Atty. Napoleon Romeo Estilles, Police
Chief Superintendent, Regional Director PRO-9, Camp
Abendan, Mercedez, Zamboanga City, which for
reference, attached to her affidavit. She had known by
16 Petition for Amparo
18. then that the other persons mentioned in the afore-
quoted text message are the following: Petitioner JOEL
E. CAYABYAB referred to as “joel,” a former TVIRD
employee who later resigned in 2011; EDGAR T.
BALING referred to as “ed baling,” staff of MOSSMA;
ARANDY D. SILVA referred to as “Silva,” a MOSSMA
officer; and JULIETO “GIGING” L. MONDING referred
to as “Mr. Monding,” a Sangguniang Bayan member of
Bayog, Zamboanga del Sur who is against TVIRD
project in Balabag. Roselyn V. Silva later informed
other persons mentioned in the message sent to her to
threaten her, through text message.
19.1.2. Moreover, in several instances, Roselyn V. Silva
noticed motorcycle-riding men in the period of 2 April
2012 to 14 May 2012, tailing her in Balabag, and
frequenting their Caltex gasoline station at Poblacion,
Imelda, Zamboanga del Sur, just loitering around and
having unusual behavior, with no apparent purpose
but just observing any movement in the establishment.
Likewise, there were instances where some individuals
acted as if vendors or unusual and unknown job
applicants, frequenting their place of work. These
unusual circumstances persist even at present. For
17 Petition for Amparo
19. easy reference, a photograph is hereto attached as
Annex “B-1” 2 . This photograph shows of a person on
a motorcycle, just loitering around their premises.
Obviously there is something bulging in his waistline.
ARANDY “RANDY” D. SILVA.
19.2. Attached to this petition is his affidavit as
Annex “C.” He maintains a working abode at Sitio
Balabag, Depore, Bayog, Zamboanga del Sur being a
member of MOSSMA. During the period of April to
May 2012 and until at present, there has been
persistent and continuous surveillance on himself and
his family by suspicious motorcycle-riding men in
tandem usually tailing his Red Mitsubishi Montero
during times when he is mobile within Sitio Balabag in
Bayog, Zamboanga del Sur, and in going to Imelda,
Zamboanga Sibugay and Pagadian City.
19.2.1. Another instance of surveillance was at his
sister-in-law’s Caltex gasoline station at Poblacion
Imelda, Zamboanga Sibugay where he sometimes
noticed unusual behavior of persons loitering their
premises, “apparently observing us and staying in our
2
This is also similarly attached in the affidavit of ROSELYN V. SILVA as
ANNEX “B-ROSE SILVA”
18 Petition for Amparo
20. premises with no other purpose. These are usually
motorcycle-riding men.”
JOEL E. CAYABYAB
19.3. Attached to this petition is his affidavit as Annex
“D.” He is a staff of the community organization,
MOSSMA and works at Sitio Balabag, Depore, Bayog,
Zamboanga del Sur. In June 2012, on several
occasions, he noticed unknown persons with
suspicious behavior frequenting their house at
Buenavista, Pagadian City, between 12:00 midnight
and at dawn. In fact, on 17 June 2012, in the morning
of father’s day, he found a piece of paper posted on the
door of his residence, with handwritten message 3
bearing the following words:
MAGHANDA KANA DAHIL IKAW NA
UUNAHIN NAMIN. IF YOU WANT TO BE SAFE
WITH YOUR FAMILY, BACK OFF!! MAG-
INGAT KA SA MGA KINIKILOS MO, DAHIL
NAKATUTOK ANG MGA MATA NAMIN SAYO
IKAW RIN BAKA MAGSISI KA, ANG DALI MO
NAMANG MAPATUMBA. WE ARE WATCHING
YOUR FAMILY. (Emphasis ours)
DENNIS B. PAQUIT
19.4. Attached to this petition is his affidavit as
Annex “E.” He is an officer of MOSSMA and
3
For reference, see attachment in the Affidavit of Joel E.
Cayabyab.
19 Petition for Amparo
21. maintains a working residence at Sitio Balabag,
Depore, Bayog, Zamboanga del Sur. During the
months between April to May 2012 and intermittently
up to present, there were persistent surveillance on
himself and his family by suspicious men in
motorcycle, riding in tandem. One such instance
happened in Manan-aw, Baroy, Lanao del Norte when
he and his wife were visiting a town fiesta last May 16,
2012. They noticed four (4) persons riding in tandem
on motorcycle tailing them during fiesta activities.
EDGAR T. BALING
19.5. Attached to this petition is his affidavit as Annex
“F.” Edgar Baling is a staff of MOSSMA, who ensure
truthful and realistic implementation of its projects
and programs most beneficial to its members, the
Subanen and the settlers, who are conducting small-
scale mining in Sitio Balabag, Depore, Bayog,
Zamboang del Sur. He is not residing in Balabag,
Depore, Bayog, Zamboanga del Sur, but regularly
visiting MOSSMA at their office in Sitio Balabag to
effect genuine implementation of the programs and
projects. Recently, on July 8, 2012 at around 12:00
20 Petition for Amparo
22. noon he received a threat, sent through a text message
to his cellular phone, bearing words, to wit:
Mr. Baling, para ka lng aso na kumakahol
sa buwan. Napaamo nga namin mga
malalaking tao, alam mo na sino sila, ikaw,
bakit hindi. Kaya ka naming bigyan ng
trabaho. Mr.Pedrano, ang pagiging magaling
na media, hindi karangalan laging pabuya,
minsan, bala. Nasaktan mo kami pero alam
naming naghahanapbuhay ka lang.
Makisama ka nalang. May mga media nga
kaming binubuhay. Joel, bumalik ka na.
Kung ano kina Danny at Paolo, yun din
sayo. Pwede ngang higit pa. Alam ninyo
kungano ang maitutulong nyo sa amin.
Tandaan nyo tong tatlo, mabuti kaming
kaibigan pero masamang kaaway. (Emphasis
ours)
19.5.1. Likewise, Edgar T. Baling is now experiencing
actual threat through surveillance by unidentified
persons who were tailing him, on motorcycle
frequenting his place at San Jose, Pagadian City, even
at unholy hours at night.
ALEX A. CABUG-OS
19.6. Attached to this petition is his affidavit as Annex
“G.” LEK CABUG-OS is also a staff of MOSSMA, in
Sitio Balabag, Depore, Bayog, Zamboang del Sur and
stays there most of the time. Just this 8 July 2012,
Petitioner Cabug-os noticed two (2) unknown men in
motorcyle, unusually and/or suspiciously behaving
21 Petition for Amparo
23. and loitering outside their premises at Tubod,
Lakewood, Zambonga del Sur. Upon seeing the men,
he had to discreetly go somewhere using the back exit
of their house.
JULIETO “GIGING” L. MONDING
19.7. He is an elected and incumbent member of the
Sangguniang Bayan of Bayog, Zamboanga del Sur.
Attached to this petition is his affidavit as Annex “ H ”
Between February and April 2012, he was informed by
ROSELYN V. SILVA, about a text message stating
threat of his liquidation or “itutumba naming siya”.
In fact, on 7 April 2012, he was ambushed as
explained in Extract Blotter, hereto attached as Annex
“H-1”. In May 2012, he noticed an intermittent
motorcycle-riding men tailing his pick-up vehicle
anywhere he goes, even performing a public function
within Bayog, and in his way to Ipil or Pagadian.
These surveillance persisted by motorcycle riding men
loitering around their Buug Milling compound with no
apparent purpose, but observing the activities therein.
JOSELITO A. PEDRANO
19.8. Attached to this petition is his affidavit as Annex
“ R ” Pedrano is presently a broadcast journalist
connected with DXWO Pagadian City and is handling
22 Petition for Amparo
24. radio program of a Party List, Alliance of Advocates for
Mining Advancement for National Progress, at DXRH,
Kalian, Margosatubig, Zamboanga del Sur. As a
broadcast journalist, he has a radio program at DXRH
twice-a-week from 12:30-1:00 PM. This program
focuses on mining advocacies and other related topics.
The first time that he learned of the imminent threats
upon his life was in February 2012 when a classmate
in law school in Pagadian City approached him,
informing him that she personally overheard a
conversation of a group of persons in the municipality
of Imelda, Zamboanga Sibugay, wherein Joselito
Pedrano’s name was the topic. Accordingly, this group
had Joselito’s picture which she saw and said to be a
subject for liquidation. Thereafter, in March 2012,
Pedrano also received a text message which state:
“HINAY-HINAY LANG BRO KAY BASIN MA-PAREHA KA
NI JUN JALAPIT,” referring to the late broadcaster of
Pagadian City who was murdered.
19.8.1. On 29 June 2012, Pedrano visited his
hometown by his brother, a member of the Philippine
National Police and who has a friend in the intelligence
community, that there is “a plan to liquidate me and
23 Petition for Amparo
25. that he told me to slow down, referring to my radio talk
on mining issues in Balabag, Depore, Bayog,
Zamboanga del Sur.”
The OPLAN BONGKAG
(Operation Destruction)
20. “OPLAN BONGKAG” consists of, first, disturbing
the peace and order, and creating scenarios in Balabag area
and justify the deployment of military, CAFGU/Special
Civilian Active Auxilliaries (SCAA) at the instance of TVIRD.
Second, road blockades and checkpoints would be set up,
actually directed to make it difficult for the communities to
continue their livelihood activities and earn for their
sustenance. Ultimately, it aims to destroy the existing
occupation of the local indigenous communities and local
settlers in their present areas of occupation in Sitio Balabag,
Depore, Bayog, Zamboanga del Sur. The military and/or
inter-agency tasked force stationed in the area would then
be eventually replaced by heavily armed TVIRD private army
called Blue Guards.
21. The present threats to the petitioners can be
traced to TVIRD’s built-up activities in 2011. Earlier in
2011, there were several peace and order problems that
24 Petition for Amparo
26. transpired in Sitio Balabag, Depore, Bayog, Zamboanga del
Sur. It became apparent to residents of Sitio Balabag,
Zamboanga del Sur that Respondent TVIRD has been
creating a chaotic situation, scenarios of all sorts to justify
the deployment of military forces. Photographs of the
military deployed in the area accompanying the TVIRD
equipments is here attached as Annex “S”.
22. A checkpoint was eventually established by
Respondent TVIRD and its officers and employees, manned
by the BLUE GUARDS and SCAAs to institutionalize threats,
violent aggression, and harassments to community
members, persons and local community leaders. It was a
systematic annihilation of community members in Balabag
area to give way to the large-scale, destructive, mining
operations of TVIRD.
23. At present, the checkpoint is still existing in
Balabag, Depore, Bayog, Zamboanga del Sur, manned by
privately armed Blue Guards of TVIRD, requiring the
Subanen and settlers to log-in and log-out in every passage
in that checkpoint. This is effectively restraining their
freedom of movement as well as ingress and egress, violative
of the Constitution.
25 Petition for Amparo
27. 24. Petitioners later came to know of an OPLAN
BONGKAG (“Bongkag” meaning in English meaning to
destroy) designed by TVIRD executives, specifically, by
respondent Emmanuel Cayton and other ex-military/police
officials Paul Vincent Arias, Valentino Edang, Nolito Navarro
and Cipriano Bayan with the approval of top level TVIRD
executives.
25. OPLAN BONGKAG was revealed through
documents disclosed by former TVIRD employee, herein
Petitioner, Joel E. Cayabyab. During the period of May
2011 until his resignation from TVIRD in November 2011.
Joel E. Cayabyab was present, on official function, to a
number of meetings attended by retired army officers
EMMANUEL CAYTON, VALENTINO EDANG, with some other
ex-military/police officers PAUL VINCENT ARIAS, NOLITO
NAVARRO (TVI Assistant Security Manager) and some active
junior military officers, a certain Lt. GARY MASIDMAN and
CAPT. PABICA of the 53rd IB, 1st Division of the Philippine
Army. The meetings were purposely for the implementation
of OPLAN BONGKAG.
26 Petition for Amparo
28. Attached to this petition are plans and emails of
OPLAN BONGKAG attached herewith as Annex “I” to “L”
with sub-markings. The documents are mentioned, their
existence confirmed in the affidavit of Joel E. Cayabyab.
Investigation and failed peace pact
26. On account of the various circumstances of
threats to the lives and security, as well as harassments to
local communities and to MOSSMA community leaders,
Julieto “Gigging” Monding, a Sangguniang Bayan (SB)
member of Municipality of Bayog, Zamboanga del Sur,
sought the aid of P/SS WILLIAM TOLOMIA MANZAN (DSC),
Officer in Charge-Provincial Director, Philippine National
Police, Zambonga del Sur, Camp Abelon, Pagadian City,
requesting for an investigation on the various peace and
order incidents and hoping that TVIRD executives will
come to a table to discuss the peace and order situation.
27. As response to Petitioner by Julieto “Gigging”
Monding’s efforts of dialogue, and meeting together to
discuss the pressing concerns, P/SS WILLIAM TOLOMIA
MANZAN conducted an investigation as well as invite
TVIRD executives, corporate officers, and agents to a
27 Petition for Amparo
29. conference and supposed peace pact. TVIRD executives,
corporate officers and agents however did not show up,
apparently not interested to cooperate in the investigation
and pursue a peaceful dialogue.
28. On May 2012 and up to this present day, the
surveillance against petitioners intensified and the
harassments directed to local civilians in Sitio Balabag,
Zamboanga del Sur worsened.
OPLAN-X
29. The serious threats to petitioners’ lives and safety
became even more apparent. Recently, in May 2012,
petitioners learned and came to know of an activation of a
systematic and company-financed aggressive plan called
“PLAN-X” aimed at liquidating petitioners ARANDY
“RANDY” SILVA, ROSELYN SILVA, EDGAR T. BALING,
DENNIS PAQUIT, JULIETO “GIGING” MONDING, JOEL
CAYABYAB and ALEX “LEK” CABUG-OS and local
broadcast journalist JOSELITO A. PEDRANO.
30. The said plot and other information was revealed
through series of email exchanges and communications by
TVIRD insiders who were privy to these communications
28 Petition for Amparo
30. and, at that time, burdened by their conscience. These
TVIRD insiders were Engr. Danilo Halago, Project Engineer,
and Paolo Dizon, Cost Controller for Balabag project of
TVIRD. The series of TVIRD email communications were
discreetly given to petitioner Joel E. Cayabyab out of
concern for his safety, he being former colleague of Danilo
Halago and Paolo Dizon at TVIRD prior to 2011. (See
attached affidavit of Joel Cayabyab).
31. One email communication dated May 16, 2012 by
Paul Vincent Arias was sent to TVIRD top level officers and
staff, including Yulo Perez, Valentino Edang, Nolito Navarro,
Paul Cipriano Bayan, Rene Subido, Frank Castro, Richard
Abaday, Paolo Dizon, Marlou Coranez. This email, among
others, was passed and contained under the
tvipacific.com.ph email account, specifically, from
paul.arias@tvipacific.com.ph to yulo.perez@tvipacific.com.ph
and emmanuel.cayton@tvipacific.com.ph with copy
furnished to other tvipacific.com.ph email accounts.
The email is here quoted in part, to wit:
Below is the finalized listing and status of targets as of 16 May 2012:
1. GIGING MONDING [RED] [Target 1:24/7 Surveillance is
ACTIVATED ONWARDS]
2. DENNIS PAQUIT [RED] [Target 2:24/7 Surveillance is
ACTIVATED ONWARDS]
29 Petition for Amparo
31. 3. RANDY SILVA [RED] [Target 3:24/7 Surveillance
is ACTIVATED ONWARDS]
4. ROSE SILVA [RED] [Target 4:24/7 Surveillance is
ACTIVATED ONWARDS]
5. EDGAR BALING [BLUE] – No Firearm/[Target 6:
Surveillance is ACTIVATED
NON-MAJOR TARGETS
6. JOSELITO PEDRANO [BLUE] – No Firearm/ Target
Surveillance is ACTIVATED
7. JOEL CAYABYAB [BLUE] – No Firearm/ Target
Surveillance is ACTIVATED
8. ALEX “LEK” CABUGOS [BLUE] – With Firearm/Target
Surveillance is ACTIVATED]
I would like to inform you sir that on May 18, Friday, our
Special Surveilance Unit (SSU) is ready to be deploy on the
targets bearing RED status, it will intensively focus and
analyze the actions, activities, and their movements. In
addition to their surveillance capabilities, our new SSU are
capable of carrying tasers for “crowd control”, or weapons for
carrying enemy combatants. They are much developed by my
friends in the NBI and automated much of aerial surveillance
process. They will automatically report their activities back to
a centralized monitoring station.
regards,
Paul
Yulo Perez <yulo.perez@tvipacific.com.ph> Wed, May 16, 2012 at
6:12 PM
To: Paul Vincent Arias<paul.arias@tvipacific.com.ph>
Thanks on this update Paul. Please proceed on the
implementation as planned, and since this is the first time to
activate our special surveillance unit it would be easier for them
traverse and focus on the movement of target 1 and 2, and next
week to focus on target 3 and 5 all with RED status. For your
guidance.
Yulo
30 Petition for Amparo
32. The above email communication is hereto attached
as Annex “N” dated May 16, 2012, likewise made as an
attachment in the affidavit of Joel E. Cayabyab.
32. The disclosed TVIRD email communications
revealed that petitioners have been in constant surveillance
since March 2012 under a planned “Silent Attack.” One
email communication, dated March 26, 2012, reads:
Emmanuel Cayton emmanuel.cayton@tvipacific.com.ph Mar 26 2012
to Yulo Perez, Valentino Edang, Nerissa Corilla, Paul Arias, LulieMicabalo
Jericho Gamelo, Frank Castro, DaniloHalago, Paolo Dizon,
SECURED MANAGEMENT COMMUNICATION SYSTEM
(Warning: Privacy Protected Files – CONFIDENTIAL)
Good afternoon Sir,
Here is the initial and joint report of Balabag Team:
„ Just finished close-door meeting with Val, Paul, Marlou, Nerissa, Danny,
Lulie and Gerry here in Bayog Office. Updates at the site: officially
decommissioned and dismantled CIP Plant of CelsoMatias. All Plants in
the area did not operate during the dismantling presumably because of the
presence of our security.
„ As decided on our meeting, we will pursue the silent attack whatever
means necessary but with governor’s consent. The scheduled meeting
with him is tomorrow,March 27. Even if Gen.cruz will not support, we will
execute the attack as long as the governor will order. I will find out on the
meeting tomorrow sir, I will report immediately.
„ Planning of the Silent Attack Execution is on its 14TH day with 95% total
accomplishment. We are targeting completion of the planning tomorrow
afternoon. Our civilian troops for the attack is almost activated. The
equipment to be use is in standby mode. We have reports from our
surveillance personnel on site that SSM specially mossma are more likely
to distribute weapons. In this regard, I would suggest that we will attack on
early morning of march 28. I will open this up tomorrow in the meeting with
the governor. About the presence of military in the mine site, I will confirm
that it is not a problem sir. Everything now is under control. I already called
up 102nd brigade commander and instructed that his troops should not
react during our attacks on the ssm. He assure me of his promise.
Further and Final Report to be follow tomorrow after our meeting with
gov.cerilles
31 Petition for Amparo
33. nonong
Yulo Perez yulo.perez@tvipacific.com.ph Mar 26 2012
to Emmanuel Cayton, Valentino Edang, Jericho Gamelo, NerissaCorilla, Paul Arias,
LulieMicabalo, Frank Castro, DaniloHalago, Paolo Dizon, MarlouCoranez
Nong, report immediately after your meeting with gov.cerilles. I will also maneuver to
control cliff and Eugene and ensure they will not know about the attack. We need to
act as fast as we can before the ssm can calculate our moves.
Yulo
The above email communication is hereto attached
as Annex “O”, likewise made as an attachment in the
affidavit of Joel E. Cayabyab.
33. Another e-mail by Yulo Perez to Emmanuel
Cayton, Paul Vincent Arias dated May 5, 2012 e-mail
reads:
Yulo Perez <yulo.perez@tvipacific.com.ph> Sat, May 5, 2012 at
1:56 PM
To: Emmanuel Cayton <emmanuel.cayton@tvipacific.com.p> Paul
Vincent Arias<paul.arias@tvipacific.com.ph<Cc Attached>
Gen. Cayton and Paul,
This request has already been approved by Cost Control
and Finance. Even if this is out of budget, insisted and
recommended to be approvedso we can activate additional
team of SIU. I threatened them that if will they report this in
any of the top executive, will start firing them one by one
with bullets on their head. Please organize the request for
funds, the communications to the team, and the
implementation plan. I would like this to happen after you
have finalized the planning of Plan-X. I will update CN-GAC
and CN-MLB on the current status of Plan-X.
Yulo
32 Petition for Amparo
34. The above email is attached herewith as ANNEX “P,”
likewise made as one the attachment in the affidavit of Joel
E. Cayabyab.
34. Petitioners later learned that “CN-GAC” in the
emails refers to Code-Name Governor Antonio Cerilles,
respondent provincial Governor of Zamboanga del Sur and
“CN-MLB” refers to Code-Name Mayor Leonardo Babasa,
respondent Muncipal Mayor of Bayog, Zamboanga del Sur,
an ally of Gov. Cerilles. It appeared that early on, public
respondent Gov. Cerilles had known of the plan to liquidate
petitioners and approved the same. This is apparent in the
following email dated March 29, 2012:
SILENT ATTACK STATUS
Yulo Perez yulo.perez@tvipacific.com.ph Mar 29 2012
to Emmanuel Cayton, Valentino Edang, Nerissa Corilla, Paul Arias, LulieMicabalo
Jericho Gamelo, Frank Castro, DaniloHalago, Paolo Dizon, MarlouCoranez
SECURED MANAGEMENT COMMUNICATION SYSTEM
(Warning: Privacy Protected Files – CONFIDENTIAL)
For the information of everybody within this S-M-C-S:
It looks like we have wasted more than a year including the
planning for this “Silent Attack” which I planned to be the
last technique and played a major role we can used against
the ssm in Balabag in a worst-to-worst circumstances. In the
external view we can say that it is all right even if someone
betrayed us, but you don’t know deep inside how destructing
it is. This will include personalities such as Governor and
Congresswoman Cerilles and in our investors which we are
33 Petition for Amparo
35. already committed to start our operation within April
2012.But now the governor is slowly retracting his support
on us knowing that our emails has been leaked and it might
affect his political career. Did you know what will be the
impact on this in our operation? This is not only a headache
but it is a DISASTER! The damaged cost millions of pesos
and with the military forces is nowwithdrawing its support on
us, our silent attack and other plans is now rapidly damaging
our over all internal and external operation. In the beginning,
what I think is the cooperation, honesty and loyalty of our
personnel can start our operation smoothly.But I was wrong.
With this incident of leaked emails, I don’t think there is still
an allegiance within our circle. Gen.Cayton, Col.Edang and
Richard, I want the final report on the investigation of leaked
emails on April 2. Because if you cant track and prove who it
is, im sorry but I will be the one to fire you out in this
company. With this, I am ordering all higher ranked staffs
and within this secured management communication system
– Report to General Cayton and Col.Edang immediately to
submit yourself for investigation. Nong, in my meeting with
Ma’am Auring yesterday, she said that even if the emails has
been leaked we have no choice but to continue if we want to
win this war. What will happen on the coming days, she
assures us that the province of Zamboangadelsur is in full
support on our operation as well us in our plans. Govcant
attend the meeting because of some schedules, I just called
him and thank for his continued support on us. I also talk
with him regarding the leaked emails and ensures that the
internal investigation is now running to calm him down that
is why I need the final report on the 2nd of April first thing in
the morning. Terminate the Silent Attack and Execute our
Last Plan targeting 2 dates. If we cantexecute our full
demolition on the 30th then we will proceed on the final date
March 31 as per advise by Gov.
Yulo
Copy of the above email communication is hereto
attached as ANNEX “Q” and likewise attached in the
affidavit of Joel E. Cayabyab.
35. In the course of the leaking of the e-mails to some
of petitioners, those who learned first had relayed the
34 Petition for Amparo
36. information to those included. They were mindful, became
careful of their movements and whereabouts. Likewise,
watchful of themselves, trying not to establish a pattern in
their travels to avoid the attack on their lives.
36. Meanwhile, TVIRD executives, especially private
respondents Yulo Perez, Emmanuel Cayton, Valentino
Edang, and others had sensed of a leakage in the
confidential information. They began an investigation,
improved their electronic system of communication, and
checked on their ranks.
37. In April and May 2012, TVIRD insiders, Danilo
Halago and Paolo Dizon lie-lowed as contact and became
wary of their safety. They filed a leave of absence from
TVIRD. However, in due time, TVIRD discovered the
involvement of Danilo Halago and Paolo Dizon in the leaked
emails. TVIRD later had gone to go after them as well as
petitioner Joel E. Cayabyab.
38. Subsequently, petitioner Joel E. Cayabyab was
informed by Paolo Dizon that the latter was returning to the
folds of TVIRD since private respondent Yulo Perez, TVIRD
35 Petition for Amparo
37. executive, gave Dizon and Danilo Halago huge promises of
rosy future if they would “cooperate” with TVIRD. Yulo Perez
also lured the two informants and that they would not harm
them if they would return to TVIRD. Paolo Dizon later asked
petitioner Joel E. Cayabyab to join TVIRD, and assured the
latter that he (Joel) would receive more than he previously
received as salary, plus bonus, from TVIRD if he will back-
out from further revealing the documents and e-mails on
Oplan Bongkag and PLAN-X against herein petitioners.
39. Presently, or as of the date of this Petition, the
surveillance still persist on the petitioners by an unknown
persons loitering in their respective homes and places of
work at Sitio Balabag, Depore, Zamboanga del Sur,
obviously with some unlawful intent on their lives and
safety.
40. Petitioners are now extremely watchful of their
surrounding, hiding most of the time inside residences and
transferring from one abode to another. Life is never the
same again for the petitioner, with the incidents outlined
and emphasized in this petition. With the present vicious
plan of TVIRD, in cooperation of public government officials,
36 Petition for Amparo
38. who are local government chief executives, petitioners’ lives
have become unstable and they are now so anxious of their
personal as well as their family’s safety.
41. The present circumstances of imminent threats to
petitioners’ lives are so serious, actual and imminent that it
needs judicial intervention. The previous attempt of
seeking investigation with the Provincial Commander of the
Philippine National Police, Zamboanga del Sur and supposed
dialogue with TVIRD did not give petitioners assurance of
protection, considering that there are other public officials
involved in the contrived plan of TVIRD.
42. The petitioners are constrained to come to this
Honorable Court of Appeals for relief as the respondent high
public officials have vast influence in Zamboanga del Sur
and widely known to possess armed goons. TVIRD also
possess vast economic resources and capacity to conduct a
simultaneous operation in liquidating, or to a certain end,
annihilation of community members who stand firm for
their land, home and resources.
37 Petition for Amparo
39. 43. The issuance of the Writ of Amparo by this
Honorable Court, together with other incidental remedies
from this Honorable Court of Appeals, shall protect the lives,
property and safety of the petitioners.
PRAYER
WHEREFORE, premises considered, petitioners most
respectfully and URGENTLY pray of this Honorable Court of
Appeals for the IMMEDIATE issuance of a Writ of Amparo.
Likewise to issue an ORDER for the following:
1. COMMANDING Respondent TVIRD, its named
corporate officers, executives, and all other persons acting
for and in their behalf, under pain of contempt, to cease and
desist from any action and threats, intimidation, and
attacks of whatever kind that will harm petitioners herein
and their immediate household, including the conduct of
surveillance on petitioners and their families;
2. PROHIBITING TVIRD, respondent corporate
officers, its executives, their agents, and all other persons
acting for and in their behalf, under pain of contempt, from
threatening, harassing or inflicting any harm to herein
Petitioners, their immediate family and members of their
38 Petition for Amparo
40. household, as well as prohibiting TVIRD, its executives,
their agents, and all other persons acting for and in their
behalf, under pain of contempt, from entering petitioners’
dwelling and working areas in Sitio Balabag, Depore, and
Bayog, Zamboanga de Sur;
3. COMMANDING named respondents and
respondent public officials, within a non-extendible period of
seventy-two (72) hours from service of the writ, (1) to file a
verified written return with supporting affidavits and, under
pain of contempt, (2) to cease and desist from threatening,
harassing or inflicting any harm to herein Petitioners, their
immediate family and members of their household, (3) to
desist from performing any act inimical to the lives and
safety of petitioners and members of their household,
including entering petitioners’ dwelling and working areas in
Sitio Balabag, Depore, and Bayog, Zamboanga de Sur.
4. COMMANDING and/or DIRECTING the Philippine
National Police (PNP), the Department of Justice (DOJ), and
the Department of Interior and Local Government (DILG) to
(1) immediately give ample security protection and
assistance to petitioners and their families and (2) conduct
39 Petition for Amparo
41. investigation as well as give periodic reports to the
Honorable Court on the results of this investigation.
5. COMMANDING and/or DIRECTING the Armed
Forces of the Philippines, Philippine Army, thru the 53rd
IB, 102nd Brigade, 1st ID “Tabak” Division, to allow free
ingress and egress of people at Sitio balabag, Depore, Bayog,
Zamboanga del Sur, ensuring unrestricted freedom of
movement.
6. COMMANDING and/or DIRECTING the Philippine
National Police (PNP) to dismantle and disallow the
checkpoints manned by TVIRD Blue Guards and SCAA at
Sitio Balabag, Depore, Bayog, Zamboanga del Sur.
Prayer for Temporary Protection Order
7. IN ORDER to ensure the temporary safety and security
of co-petitioners Joel E. Cayabyab and Julieto “Gigging” Monding,
whose life and security at this time are extremely in danger, it is
respectfully requested that they be placed under a Temporary
Protection Order of the Witness Protection, Security and Benefit
Program under Department of Justice (DOJ) . Concomitantly, it is
urgently prayed that the DOJ be ordered to undertake immediate
40 Petition for Amparo