MARINDUQUE FIRST SATURDAY MOVERS, INC. 4F R.G. Castelo Building, Barangka Ilaya (EDSA) 1550 Mandaluyong City, Metropolitan Manila, Philippines Telefax No. 531-0304 ----------------------------------------------------------------------------------------- EXCERPT FROM THE MINUTES OF THE BOARD MEETING OF THE MARINDUQUE FIRST SATURDAY MOVERS, INC. HELD AT THE PATIO OF THE LEGEND VILLAS, PIONEER STREET, BARANGAY BUAYANG BATO, MANDALUYONG CITY, METROPOLITAN MANILA ON _________ 2014 Present: Domingo Buenviaje _____________________ Eliodoro Laceda _____________________ Erhard Larga _____________________ Aristeo M. Lecaroz _____________________ Romeo Mataac _____________________ Milton Mendoza _____________________ Ruperto Molato II _____________________ Roberto Montellano _____________________ Glen Buhain _____________________ Emmanuel Regio _____________________ Anastacio Revilla _____________________ Recareda A. Sarmiento II _____________________ Ronald Tanco _____________________ Resolution No. 2014 - 003 A RESOLUTION EXPRESSING OUR STRONG OPPOSITION/OBJECTION TO THE OFFER LAID DOWN BY LAWYER STEVE SCOTT PURPORTEDLY OFFERED BY BARRICK GOLD CORPORATION AS SETTLEMENT OF THE CASE AGAINST MARCOPPER MINING CORPORATION IN NEVADA, U.S.A., AND ENJOINING THE PROVINCIAL GOVERNMENT OF MARINDUQUE, THROUGH THE HONORABLE GOVERNOR, CARMENCITA O. REYES AND THE SANGGUNIANG PANLALAWIGAN, THROUGH THE HONORABLE VICE –GOVERNOR, ROMULO BACORRO, TO DENY , REJECT AND NOT TO ACCEPT ANY SETTLEMENT BEING OFFERED BY BARRICK GOLD CORPORATION , PLACER DOME, INC. AND MARCOPPER MINING CORPORATION, AND TO ASSIDUOUSLY PURSUE THE CASE IN NEVADA, U.S.A., WITH THE END IN VIEW OF RESOLVING THE CASE WITH A MORE MEANINFUL OUTCOME FOR THE BENEFIT OF THE PEOPLE OF MARINDUQUE. WHREAS, we all know that Marcopper Mining Corporation, in almost 27 years, mined and extracted minerals from our land and thru its mining operations it has earned Billion of US Dollars; it is, however, heartbreaking that during those years of supposedly having plentiful and progressive province thru mining operations, what everybody’s dream and expectation of economic growth for Marinduque did not happen, and, sadly, in a wink of an eye and thru negligent operations and care free attitude of government officials, those fantasy for a good life for Marinduquenos turned into a disaster beyond our imagination; a Mine Waste Spill happened and we all know of the magnitude of damage the April 1996 Marcopper Mine Waste disaster that brought 3 billion metric tons of waste flowing into the entire 27 kilometer stretch of the Boac river and such tragedy brought to a standstill the livelihood and wellbeing of every Boakenos and to the entire province of Marinduque; WHEREAS, we also know the extent of damage brought about by Marcopper’s unconscionable dumping of mine waste into the Calancan Bay bringing permanent damaged to the area; WHEREAS, we all know that in mining operation minerals are extracted from our land and once removed, the mineral does not grow anymore and they are forever lost and the only reward or consolation the host province and its people will have in return is having reasonable taxes to perk up its economic condition and ultimately bring good life to its people; the good life did not come as we were shortchanged and neglected as what is due our province were taken from us and brought to the pocket of the high and mighty and to another kingdom; WHEREAS, the extent of damage brought by the disaster is immeasurable and cannot be equated in terms of money, our province and its people have been totally damaged; we have been shortchanged during the almost 30 years of Marcopper Mining Corporation’s operation in Marinduque and with all those years of supposed economic growth, we have not even completed concreting the 120km. circumferential road, not to mention other infrastructure requirements of the Marinduque that were not realized during Marcopper time; it has dampened our morals and esteem for having no progress at all during Marcopper’s operations, even Real Estate Taxes are being questioned and unpaid to this day; WHEREAS, many studies have been conducted by various government and private agencies on how to clean up the Boac river, the latest of which was financed by a P20MM Presidential Fund provided by former President Gloria Macapagal Arroyo and was conducted by Futures International, a USGS accredited firm who, by then DTI Secretary Mar Roxas reply to a query. identified Futures International as expert in AIDES prevention and not of environmental concerns; the study would pushed through and their recommendation would have been the basis for the clean up but, then again, it did not happen as opposing views are not reconciled; we are now on the 18th year since the spill; WHEREAS, until now, clean up of the Boac River has not been made with health condition of people living along the Boac river in peril and proper compensation not properly observed; WHEREAS, Marcopper and Placer Dome explicitly expressed in 1996, “once the flow of tailings from the mine had been stopped, the task of environmental rehabilitation, both near and long term, must begin. Marcopper and Placer Dome, recognizes its responsibility to rehabilitate all areas impacted by the tailings flow and is committed to a program which will result in the mitigation of the environment impact. The program will include: 1. Rehabilitation of the river system; 2. The remediation of the off-river impacts; 3. The provision of improved road access to villages; 4. The implementation of improved protection measures; 5. The implementation of health and environmental mnitorin programs; and 6. The development and undertaking of a program of river and ocean rehabilitation. Sadly, none of the above happened and we are still hoping for them to happen; WHEREAS, as a result of the Marcopper Mine Waste spill in 1996 a case against MARCOPPER MINING CORPORATION was filed in Nevada, U.S.A. and is now at the hands of the Provincial Government of Marinduque for decision, that is whether to accept of not the accept the following offer laid down by US Lawyer Walter Scott (External Counsel of the province in the case filed in Nevada, USA against Barrick Gold Mines Inc., who took over Placer Dome and the new majority owner of Marcopper Mining Corporation: 1. Deadline for the offer - December 31, 2013 which was later moved to March 15, 2014 2. Amount offered - US Dollar 20,000,000.00 (Take it or leave it) 3. Conditions – (fed by the Laywer) the provincial government of Marinduque has determined to be the best interest of the people and in order to facilitate the province in moving forward the undersigned stipulates to admits the following: i. Placer Dome, Inc. did not in any time or in any manner conduct (PDI) or transact business in the Republic of the Philippines; ii. Marcopper Mining Corporation (Marcopper) and PDI were at all times entirely separate and completely independent legal entities and at no time was Marcopper an alter ego or instrumentality of PDI; iii.. Barrick Gold Corporation has not at any time or in any manner conducted business in the Republic of the Philippines; iv. PDI and Barrick Gold Corporation are not subject to the jurisdiction of the Courts of the Republic of the Philippines; v. Marcopper’s disposal of mine waste into the Calancan Bay was at all releant times conducted pursuant to and in accordance with government permits vi. Marcopper complied with the ollution Adjudication Board’s April 11, 1998 cease and desist order while it was in effect; vii. Marcopper fully complied with the requirements of trhe May 13, 1988 Order of trhe Office of the President; viii. the May 13, 1988 Order of the Office of the President includes express findings by the National Government that the continued operation of the Marcopper Mine and disposal of mine tailings into Calancan bay was in public interest; ix. the weight of the scientific evidence demonstrate that the mine tailings present in the province’s waterways do not currently pose and have not posed an unacceptable risk to human health; x. the weight of the scientific evidence demonstrates that the mine tailings present in the Province’s waterways do not currently and have not had an unacceptable impact on the environment; Sadly, we say, the offer with its conditions contradicting the truth is unacceptable, unfair and insulting and it warrant outright rejection; WHEREAS, while we do not believe in the loose talks that there is a certain group lobbying for the settlement of the case with an unspecified amount as under the table payoff, it is but prudent for us, in compliance with our vision and mission, as a non-government organization to express, after careful study and evaluation, our sentiment and feelings and make a stand on the issue; WHEREAS, we are aware that once a settlement is reached and with the quit claim signed, mining operation in Marinduque will follow and to this we vehemently disagree; WHEREAS, we also believe that the Muncipality of Boac, the most impacted and affected town of the spill, should have a say and should not be sidelined in the on-going discussion and decisions to be made; Boakenos must be consulted through the creation of a consultative assembly; WHEREAS, lastly, as a reminder to all of us, the provincial government of Marinduque, realizing that Tourism and Agriculture is the best way to economically develop our province, through a resolution adopted by former Sangguniang Panklalawigan, it was declared that the concentration or center pieces of development programs for Marinduque shall be Tourism and Agriculture and as such it cannot go hand in hand with mining operation so that one has to go for the other to succeed and obviously we, the Marinduque Movers support and will never support any attempt to revive mining operations in Marinduque; WHEREFORE, on motion by ______________ duly seconded by _______________ and unanimously approved, it was: RESOLVED, as it is hereby resolved to adopt this RESOLUTION EXPRESSING OUR STRONG OPPOSITION/OBJECTION TO THE OFFER LAID DOWN BY LAWYER STEVE SCOTT PURPORTEDLY OFFERED BY BARRICK GOLD CORPORATION AS SETTLEMENT OF THE CASE AGAINST MARCOPOPPER MINIGN CORPORATION IN NEVADA, U.S.A., AND ENJOINING THE PROVINCIAL GOVERNMENT OF MARINDUQUE, THROUGH THE HONORABLE GOVERNOR, CARMENCITA O. REYES AND THE SANGGUNIANG PANLALAWIGAN, THROUGH THE HONORABLE VICE –GOVERNOR, ROMULO BACORRO, TO DENY , REJECT AND NOT TO ACCEPT ANY SETTLEMENT BEING OFFERED BY BARRICK GOLD CORPORATION, PLACER DOME, INC. AND MARCOPPER MINING CORPORATION, AND TO ASSIDUOUSLY PURSUE THE CASE IN NEVADA, U.S.A., WITH THE END IN VIEW OF RESOLVING THE CASE WITH A MORE MEANINFUL OUTCOME AND FOR THE BENEFIT OF THE PEOPLE OF MARINDUQUE. RESOLVED, further, that in rejecting the settlement offer we respectfully call on all the officials of the provincial officials of the provincial government of Marinduque, namely, Governor Carmencita O. Reyes. Vice-governor Romulo Bacorro, Board Members, George T. Alino II, Adeline Angeles, Mark Anthony Seno, Theresa Caballes, Juan Fernandez, Harold Red, Amelia Aguirre, Norma Ricohermoso, Allan Nepomuceno, the Kabataang Barangay President and the President of the Councilors League, to, likewise, reject the settlement offer and to declare, once again, that mining is a menace to the environment and a resounding no to mining in whatever corporate name and form in Marinduque; that settlement issue must be presented to the people Marinduque thru a CONSUTLATIVE ASSEMBLY in the Municipality of Boac to be officially called and convened for the purpose and will be comprised of all stakeholders to discuss the following: 1. clean up – it may be a little too late, but just the same we need to clean up the remaining tailings in the entire stretch of Boac river and along the shorelines; 2. funding – to determine whose liability and obligation it is to fund the clean up and its related activities; 3. to discuss and come up with a road map on how to deal with the case in Nevada and to seek legal assistance from the National government, particularly the Office of the Solicitor General and the DoJ; 4. other matters pertaining to Marcopper Mine Waste Spill, present and future plan of action. RESOLVED, finally, that copies of this resolution be forwarded to THE HONORABLE GOVERNOR, CARMENCITA O. REYES AND THE SANGGUNIANG PANLALAWIGAN, THROUGH THE HONORABLE VICE –GOVERNOR, ROMULO BACORRO, for their information and appropriate action. Adopted this _____ March 2014 at Mandaluyong City. Certified Correct: Secretary Attested: President D R A F T O N L Y
Posted on: Wed, 12 Mar 2014 10:37:37 +0000
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