Dismissal of class suit vs gov, mayors seen

BACOLOD CITY, Philippines - Regional Trial Court (RTC) Judge Rodney Bolunia is likely to dismiss the case filed by the Save Mt. Kanlaon Coalition (SMKC) against Negros Occidental Governor Isidro Zayco and mayors Esteban Coscolluela of Murcia town and Ramon Torres of Bago City. The SMKC reportedly failed to show cause in including Zayco, Coscolluela, and Torres as respondents in the amended petition seeking to restrain the Energy Development Corporation (EDC) from entering the buffer zone of the Mt. Kanlaon Natural Park. Murcia and Bago host the Northern Negros Geothermal Project Field (NNGPF) in the province. A petition for a temporary restraining order (TRO) was included in the class suit filed by the coalition against EDC and Environment Secretary Lito Atienza on the issuance of a tree-cutting permit in the geothermal development expansion at the buffer zone. The coalition is questioning Proclamation 1005 signed by former President Fidel Ramos that sets aside areas as protected and buffer zones of Mt. Kanlaon. At the TRO hearing before the RTC Branch 44 the other day, Senior Prosecutor Thomas Laragan, representing Atienza, asked the court to dismiss the amended complaint, claiming that the document "is insufficient in form and substance." Laragan pointed out that the amended complaint did not indicate or mark that the allegations are new or modified. Counsels for the Department of Energy (DOE) and the Protected Area Management Board (Pamb) also made special appearances during the hearing, but said they have not received a copy of the amended complaint. DOE representative Tom Navarra said they only knew that they were included in the amended complaint from media reports. "We cannot comment on the amended complaint. Technically, we have no personality in the case." If the court finds substance to the claim of DOE and Pamb, Bolunia said he could not grant the petitioners' prayer for a TRO. This prompted the coalition, represented by lawyer Andrea Si, to commit to the court that they will be furnishing both government agencies copies of the amended complaint. The court has scheduled the next TRO hearing on September 5. Meanwhile, Si said they will gather 100,000 signatures to show the provincial government how unpopular the EDC project is. "The province has given up so much for this project when there are no assurances that the Negrenses will benefit from it." Zayco said: "It's the coalition's right to seek 100,00 signatures." But he clarified that the province, especially the Provincial Board, never endorsed EDC's geothermal expansion project at the buffer zone. "We just made a memorandum of agreement (MOA) to see to it that certain conditions will be observed at the buffer zone because it's the DENR that really approved the tree cutting activities and the DOE that granted the expansion project," Zayco said, adding that there's no way for them to reconsider any decision on the matter. – Sun.Star Bocolod