Tag Archives: PRA

Noynoy, Mar warned: Stop Ayong’s demolition plan or face electoral backlash in 2010

By Bb. Joyce Cabral and Sugar Hicap

Bacoor, Cavite- The left-leaning fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) on Tuesday warned Liberal Party presidential and vice-presidential candidates Senator Benigno “Noynoy” Aquino III and Mar Roxas that the people of Cavite will not hesitate to junk them in the 2010 elections because their LP point person in Cavite- Gov. Ayong Maliksi is spearheading massive demolition of fishing villages across the province to pave way for foreign funded government projects.

“We will campaign for the outright rejection of Noynoy and Mar in the province of Cavite if they cannot stop their point man– Governor Maliksi from reducing people’s homes and livelihood into debris of the past,” said Pamalakaya national chair Fernando Hicap in a press statement.

“This is a make or break for the two aspirants in the 2010 national elections. They have to stop the madman of Cavite, who is Gov. Maliksi, their party mate and LP’s main man in Cavite if they want to keep their winning chances at par with other presidential and vice-presidential candidates. If they will not act on this matter, the people of Cavite have no option but to campaign against the LP tandem of Noynoy and Mar, and they have nothing to blame but Gov. Maliksi and his appetite for destruction and fat kickbacks,” the Pamalakaya leader added.

Hicap said Cavite province is one of the top 5 provinces in the country with the largest concentration of voters with more than 1 million registered voters as of 2008. The Pamalakaya official said the 1 million voters in Cavite could make or unmake a president or a vice-president, especially in a hotly contested and open wide electoral race.

“Noynoy and Mar should discipline Maliksi and stop his madness if they want to stay in the electoral derby in 2010, or else face rejection of the Cavite people next year,” he added.

Reports reaching Pamalakaya headquarters in Quezon City revealed that Gov. Maliksi is planning to undertake a major demolition operation in Barangay Sineguelasan in Bacoor, Cavite to pave the way for R-1 Expressway Extension Project, an enabling project for the expansion and modernization of Sangley Point Naval Base in Cavite City, which the national government intends to develop as a major international seaport in the country.

“The 11-kilometer expressway project is a road to perdition and a highway to destruction. But for Gov. Maliksi, the road expansion project is a multi-billion peso finance campaign worthy of millions of pesos of huge kickbacks in return. And to effectively carry out this P 4.3-billion road project, they are exploiting and prostituting the SC ruling on Manila Bay,” added Hicap.

Pamalakaya accused President Arroyo, Gov. Maliksi, Atienza, Ebdane and Revilla Sr. of destroying the remaining corals and mangroves of Manila Bay by pushing the R-1 Expressway Extension Project by allowing the reclamation of 7,500 hectares of the submerged public properties along the bay to give way to road construction.

“Reclamation will hasten the death of Manila Bay which is currently under the Intensive Care Unit and in full environmental comatose. That undertaking by design and by orientation, and by law is against the SC decision on Manila Bay. If Noynoy and Mar will not listen and will continue to subscribe to Maliksi’s program of destruction in Cavite, then the two LP bets are digging their own graves in the province,” the militant group said.

Pamalakaya said the R-1 expressway extension project will displace 26,000 fisherfolk families and urban poor residents in the coastal towns of Bacoor, Kawit, Binakayan, Noveleta and Cavite City. Last year, around 1,000 fishing and urban poor families were demolished and relocated to Tanza. The Department of Public Works and Highways (DPWH) promised to give P 15,000 to each family whose houses were demolished.

The militant group recalled that on June 21, 2007, President Arroyo signed Executive Order No. 629 directing the PRA to develop Sangley Point in Cavite City into a logistical hub with modern seaport and an airport, citing the R-1 expressway extension project as enabling component. The Pamalakaya leader said the Sangley Point project was Mrs. Arroyo’s birthday gift to Revilla.

Pamalakaya said the R-1 extension project resulted to diminished fish catch and destruction of remaining corals and mangroves in Bacoor Bay. The same Cavite road project is also being blamed for the flooding in Bacoor and nearby coastal towns in the province.#

Advertisements

Leave a comment

Filed under elections, environment, Manila Bay, politics

DENR chief asked: “Why contractor was allowed to violate ECC on Cavite coastal road project?

DENR chief asked: “Why contractor was allowed to violate ECC on Cavite coastal road project?

The left-leaning fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) on Wednesday asked Department of Environment and Natural Resources (DENR) Secretary Joselito Atienza why his office allowed the private company tapped by the Malacañang and the Philippine Reclamation Authority (PRA) to build the 11 kilometer R-1 Expressway Extension Project to violate the environmental compliance certificate (ECC) it issued for the national project.

Pamalakaya national chair Fernando Hicap said the ECC granted by the DENR to R-1 proponent UEM Mara-Philippines Corporation in 2007 clearly stipulated that the 11 kilometer expressway shall be constructed on top of a viaduct to avoid flooding in the low-lying areas of Bacoor, Cavite.

“Secretary Atienza is politically, lawfully and morally obliged to reply in all honesty about this public inquiry. Did his office gave UEM-Mara the go-signal to reduce the ECC into a plain piece of thrash paper and do whatever they wanted to do. There is a big difference between a viaduct and a solid land expressway made possible by all-out reclamation,” added Hicap.

The Pamalakaya leader said in the ECC granted to UEM-Mara Philippines Corporation, the private firm was not allowed to destroy the remaining mangrove areas and reclaim coastal waters for the R-1 Expressway Extension Project.

“Something fishy is going here. The private contractor and the PRA are operating as if Manila Bay and the fishing areas of Cavite is their conjugal republic courtesy of Malacañang,” said Hicap.

At yesterday Senate consultative hearing on the impact of the ongoing demolitions of fish pens and mussel growing structures to the livelihood of small fisherfolk livelihood and marine environment held in Barangay Sineguelasan in Bacoor, Cavite, Pamalakaya obtained a resolution of the municipality of Bacoor urging President Gloria Macapagal-Arroyo to temporarily halt the construction of R-1 Expressway Extension Project until the design is modified for the benefit of the people of Bacoor.

The hearing was initiated by Senator Jamby Madrigal, chair of the Senate Committee on Environment and Natural Resources in cooperation with Pamalakaya, the Samahang Magdaragat ng Bacoor, Cavite (SMBC) and local barangay officials of Bacoor was attended by over 1,000 fisherfolk and residents from Barangays Maliksi, Talaba and Sineguelasan.

In the resolution dated October 20, 2008 and signed by Bacoor Mayor Strike Revilla and councilors Rolando Remulla, Hubert Gervacio, Normita Celestino, Avelino de Castro, Miguel Bautista, Bayani de Leon, Catherine Sarino and Gianne Louise Olegario, the local government of Bacoor appealed to President Arroyo to immediately order the temporary cessation of the R-1 Expressway construction, as they urged Malacañang to construct the road project on top of viaduct and not by reclamation involving thousands of reclaimed and to be-reclaimed areas.

In said municipal resolution, Mayor Revilla and other councilors reiterated that the R-1 Expressway Extension project as specifically mentioned in the ECC granted by DENR, shall be constructed on top of a viaduct to avoid flooding in the low areas of Bacoor.

Revilla and the councilors asserted that UEM Mara through its contractor SARGASSO Construction and Development Corporation reclaimed large tracts of land in Bacoor Bay resulting in the economic displacement of hundreds of small-scale fisherfolk.

The Bacoor officials said UEM Mara Philippines has not constructed a viaduct earlier approved by the DENR resulting in the destruction of marine resources in Bacoor Bay and the flooding of various areas in Bacoor, which are not traditionally inundated during rainy season.

Pamalakaya asserted that Cavite Governor Ayong Maliksi, along with environment and natural resources secretary Joselito Atienza, officials of Philippine Reclamation Authority (PRA) and public works and highway secretary Hermogenes Ebdane used and abused the Supreme Court ruling on Manila Bay to effect widespread demolition along the bay to pave way for the reclamation of 1,600 hectares of submerged public properties in Manila Bay.

At the Senate consultative hearing called by Senator Jamby Madrigal, chair of the Senate Committee on the Environment held in Barangay Sineguelasan, Bacoor, Cavite, Pamalakaya asserted that the controversial R-1 Expressway Extension Project being pushed by the national government in cooperation with the Department of Environment and Natural Resources (DENR), the Department of Public Works and Highways (DPWH), the PRA and the Cavite provincial government is contrary to high court ruling thrust to bring the bay back to its pristine state and historical glory.

“The 11-kilometer expressway project is a road to perdition and a highway to destruction. But for President Gloria Macapagal-Arroyo and her officials, the R-1 undertaking is a multi-billion peso finance campaign worthy of millions of pesos of huge kickbacks in return. And to effectively carry out this P 4.3-billion road project, they are exploiting and prostituting the SC ruling on Manila Bay,” added Pamalakaya. #

The Pamalakaya said the SC decision mandates the national government and concerned government officials and agencies to restore Manila Bay to its clean and productive state. Hicap said the ruling does not mention anything about the right of the state to evict poor fisherfolk and urban poor families from their main source of livelihood and communities.

“We have read and studied the SC decision on Manila Bay. The high tribunal is mandating the government to clean up the bay of wastes, not to clean this fishing ground of fisher people. The fisherfolk are part of the Manila Bay’s ecological life and survival and they are not wastes, nothing more, nothing less,” the group added.

Pamalakaya’s legal counsel Atty. Jobert Pahilga, executive trustee of Sentra Para Sa Tunay na Repormang Agraryo (Sentra) and campaign advocacy officer of the National Union of Peoples’ Lawyers (NUPL) last Feb.23 assisted the group and the affected fishermen belonging to Samahang Magdaragat ng Bacoor, Cavite (SMBC) in filing a motion to intervene before the Supreme Court in the Manila Bay clean up case.

The motion also asked the high tribunal to effectively rule a status quo while the issues raised against the R-1 Expressway Extension Project and the massive demolitions in Manila Bay have still be addressed and resolved by the high court.

Pamalakaya accused President Arroyo, Gov. Maliksi, Atienza, Ebdane and Revilla Sr. of destroying the remaining corals and mangroves of Manila Bay by pushing the R-1 Expressway Extension Project by allowing the reclamation of 7,500 hectares of the submerged public properties along the bay to give way to road construction.

“Reclamation will hasten the death of Manila Bay which is currently under the Intensive Care Unit and in full environmental comatose. That undertaking by design and by orientation, and by law is against the SC decision on Manila Bay,” the militant group said.

Pamalakaya said the R-1 expressway extension project will displace 26,000 fisherfolk families and urban poor residents in the coastal towns of Bacoor, Kawit, Binakayan, Noveleta and Cavite City. Last year, around 1,000 fishing and urban poor families were demolished and relocated to Tanza. The Department of Public Works and Highways (DPWH) promised to give P 15,000 to each family whose houses were demolished.

The militant group recalled that on June 21, 2007, President Arroyo signed Executive Order No. 629 directing the PRA to develop Sangley Point in Cavite City into a logistical hub with modern seaport and an airport, citing the R-1 expressway extension project as enabling component. The Pamalakaya leader said the Sangley Point project was Mrs. Arroyo’s birthday gift to Revilla.

Pamalakaya said the R-1 extension project resulted to diminished fish catch and destruction of remaining corals and mangroves in Bacoor Bay. The same Cavite road project is also being blamed for the flooding in Bacoor and nearby coastal towns in the province. #

Leave a comment

Filed under environment

Pamalakaya’s petition to Supreme Court regarding Manila Bay ruling

Republic of the Philippines
SUPREME COURT
Manila

METROPOLITAN MANILA G.R. Nos. 171947-48
DEVELOPMENT AUTHORITY, ET AL.,
Petitioners,

– versus –

CONCERNED RESIDENTS OF
MANILA BAY, represented and
joined by DIVINA V. ILAS, ET AL.,
Respondents.
x – – – – – – – – – – – – – – – – – – – – – – – – – – x

PAMBANSANG LAKAS NG MGA MAMALAKAYA NG PILIPINAS (PAMALAKAYA) AND PAMBANSANG LAKAS NG MGA MAMALAKAYA NG PILIPINAS-SOUTHERN TAGALOG (PAMALAKAYA-ST), as represented by PEDRO GONZALES, ANAKPAWIS PARTYLIST as represented by CHERRY CLEMENTE, SAMAHANG MAGDARAGAT NG BACOOR CAVITE as represented and joined by MICHELLE P. GAYO, JIMBOY FRANCISCO, LUZAINE MILABO, ROGELIO CANTON, RENATO PRIETO, EDITO FERNANDEZ, EVELYN MARANA, SUSAN PAEZ, JESUS BALQUIN, DONATO VILLAFUERTE, ERLINDA QUILAPIO, ILUMINADA CABORNAY, CHARITO FRANCISCO, EDITO FERNANDEZ, GONDILINDA FERNANDEZ, REYNALDO SALAC, NENITA LAGARAN, SARAH CARNAJE, and RODOLFO TORRES
x – – – – – – – – – – – – – – – – – – – – – – – – – x
VERY URGENT AND RESPECTFUL MOTION
FOR LEAVE TO INTERVENE

MOVANTS, by the undersigned counsel, unto the Honorable Court, most respectfully aver that:

Prefatory Statement:

1. Movants small fishermen of Manila Bay are one with the public in approving the Decision of the Honorable Court promulgated on December 18, 2008, for the clean-up and rehabilitation of the Manila Bay. Unfortunately, however, the decision was used and abused by the petitioners, making it the basis for the illegal and incessant demolition of their houses, fish traps and fish cages and the destruction of one of their livelihood which is growing of mussels.

2. Let it be told that the decision of the Honorable Court does not warrant or suggest that the rights of small fishermen in the Manila Bay be trampled upon. Nothing in the decision gives the petitioners, especially the Department of Environment and Natural Resources (DENR) the authority to demolish and destroy the houses and source of livelihood of the movants. They or the structures they have put up in Manila Bay were not the source of the pollution, toxic waste or contamination of the bay.
3. It is on this premise that movants hereto move that they be allowed to intervene and given the opportunity to be heard on this noble issue of cleaning, protecting and rehabilitating the Manila Bay. They should not bear the brunt of the decision but the real culprit behind the sorry state of the Manila Bay. They should not be deprived of life, livelihood and property by the erroneous interpretation and implementation of the petitioners of the Honorable Court’s decision. For rightly so, they are not the cause of the effluence of the Manila Bay but some other factors, which, unfortunately were not given much attention by the petitioners.

The Movants:

4. Movant Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (hereinafter referred to as PAMALAKAYA), represented by its Chairperson Fernando Hicap, with office address at No. 18-A Mabuhay St., Central District, Diliman, Quezon City, is a people’s organization and a national federation of forty-three (43) provincial fisherfolks organizations duly registered with the Securities and Exchange Commission (SEC). It is filing this petition for and in behalf of its members comprising of the small fisherfolks of Manila Bay especially the victims of the illegal demolition of houses and the unauthorized destruction of fish traps, fish pens and cages because of the erroneous interpretation and application of the respondents of the Honorable Court’s decision. It can be served with notices, orders, resolutions and other process of the Honorable Court through the undersigned counsel at Sentro para sa Tunay na Repormang Agraryo (SENTRA), 161-B Chico St., Project 2, Quezon City;

5. Movant PAMALAKAYA-Southern Tagalog is the regional organization of PAMALAKAYA in the Southern Tagalog Region whose members especially those who are residing in the Province of Cavite are small fisherfolks in Manila Bay. It is being represented herein by its Secretary General Pedro Gonzales. It is filing this petition for and in behalf of its members, the small fisherfolks of Manila Bay, who are the victims of the illegal demolition of houses and the unauthorized destruction of fish pens and cages because of the erroneous interpretation and application of the respondents of the Honorable Court’s decision. It can be served with notices, orders, resolutions and other process of the Honorable Court through the undersigned counsel;

6. Anakpawis Partylist is a duly-accredited partylist organization that has currently one seat in the 14th Congress with address at Anakpawis Party-List National Headquarters, No. 56 K-9th Street, Quezon City. It is being represented herein by its Secretary General Cherry Clemente. It is filing this petition for and in behalf of the small fisherfolks of Manila Bay especially the victims of the illegal demolition of houses and the unauthorized destruction of fish pens and cages because of the erroneous interpretation and application of the respondents of the Honorable Court decision. It can be served with notices, orders, resolutions and other process of the Honorable Court through the undersigned counsel;

7. Samahang Mandaragat ng Bacoor Cavite is an organization of small fisherfolks in Bacoor, Cavite residing and fishing in the Manila Bay. It is a municipal chapter of PAMALAKAYA whose members are the ones directly affected and victimized by the illegal demolition of houses and the unauthorized destruction of fish pens and cages because of the erroneous interpretation and application of the respondents of the Honorable Court’s decision. It can be served with notices, orders, resolutions and other processes of the Honorable Court through the undersigned counsel;

8. Michelle Gayo, Jimboy Francisco, Luzaine Milabo, Rogelio Canton, Renato Prieto, Edito Fernandez, Evelyn Marana, Susan Paez, jesus baquin, Donato Villafuerte, Erlinda Quilapio, Iluminada Cabornay, Charito Francisco, Edito Fernandez, Gondilinda Fernandez, Reynaldo Salac, nenita Lagaran, Sarah Carnaje and Rodolfo Torres are members of Samahang Mandaragat ng Bacoor Cavite. They are filing the instant motion as representatives of their organization and in their individual capacities being themselves the victims of the illegal demolition and the unauthorized destruction of their fish pens and cages because of the erroneous interpretation and application of the respondents of the Honorable Court decision.

Reason for the Intervention:

9. Movants have been adversely affected by the erroneous interpretation and implementation of the petitioners-agencies, especially the DENR, of the Honorable Court’s decision. They have no other plain, speedy and adequate remedy in the ordinary course of law. They are directly filing this motion to the Honorable Court as it was its very decision that has been used to justify the demolition and destruction of the source of livelihood of the movants by the petitioners-government agencies;

10. On December 18, 2008, the Honorable Court in the instant case rendered a decision directing the petitioners government agencies to clean up, rehabilitate, and preserve Manila Bay, and restore and maintain its waters to SB level (Class B sea waters per Water Classification Tables under DENR Administrative Order No. 34 [1990]) to make them fit for swimming, skin-diving, and other forms of contact recreation;

11. Supposedly pursuant to the above-stated decision, the DENR, in February caused the destruction of the mussels, fish cages and fish traps of the movants. Ostensibly, however, the decision of the Honorable Court was merely used as cloak to justify the intention of the DENR to get rid of the structures established and used by the movants to grow mussels and to catch fishes in Manila Bay in order to give way to the construction of R-1 Expressway Extension Project of the Philippine Reclamation Authority. Thus, on the guise of implementing the decision of the Honorable Court for the clean up, protection and rehabilitation of Manila Bay, the DENR has dismantled the structures used by the movants for growing mussels and for catching fishes in the Manila Bay. But it could not be denied that their real intent is to get rid these structures to allow the unhampered construction of R-1 Expressway Extension Project and reclamation of the portion of the Manila Bay without risk of civil, criminal and/or administrative suits and without compensating anything to the movants.

12. Let it be noted that the 7-kilometer R-1 Expressway Extension Project will involve the reclamation of 7,500 hectares of submerged public lands and mangrove areas in Manila. The project which is approximately 40 percent completed will further destroy the remaining coral and mangrove areas in the Cavite portion of Manila Bay and will remove 26,000 fisherfolk and urban poor families, including herein movants from their main source of livelihood and abode;

13. It must be said then, that the misplaced interpretation and interpretation of the decision of the Honorable Court by the DENR will defeat the significance and usefulness of the decision. The DENR has led its sight to the small fishermen, which includes herein movants, while turning a blind eye to the destructive effect of the construction of the reclamation projects in Manila Bay;

14. As it was already the case and because the clean up, protection and rehabilitation of Manila Bay is a continuing act, movants will be adversely affected by the acts of the petitioners. They are mistakenly being targeted as the source of the pollution that beset the Manila Bay for which reason petitioners are supposedly justified to dismantle their houses, fish pens or fish traps and the other structures used to grow mussels therein. On the otherhand, the petitioner-government agencies, especially the DENR, has not lifted any finger to stop, or even just to investigate the harmful effects of the reclamation activities undertaken in the Manila Bay.

15. As such, movants have the right to intervene as their rights have already been trampled upon, violated and adversely affected by the erroneous interpretation and implementation of the Honorable Court’s decision by the petitioner-agencies while they ignore the plea to study the effects of the on-going reclamation projects in the Manila Bay;
16. As they were directly affected and in fact are the actual victims of the erroneous interpretation and application of the respondents of the Honorable Court’s decision adverted to above, they have likewise the right to intervene to seek protection from the Honorable Court of their rights and interest. In the minimum, they expect clarification from the Honorable Court on the application of the decision to their right to life, property and livelihood.

17. As there is already an on–going construction of R-1 Expressway Extension Project, which directly affects their livelihood and will destroy the further destroy the remaining coral and mangrove areas in the Cavite portion of Manila Bay, movants who are directly affected thereof has also the right to bring to the attention of the Honorable Court that the reclamation of the Manila Bay is the first and foremost reason of the effluence and destruction of Marine Life thereof and not the fishing activities of the small fishermen thereon;

18. The task of this Intervention, therefore, is to enable movants to articulate their position on the noble purpose of cleaning, protecting and rehabilitating the Manila Bay; to seek clarification and protection from the Honorable Court on the scope of the decision to the small fishermen of the Manila Bay; to bring to the attention of the Honorable Court the misplaced interpretation and implementation of the decision by the government agencies; and the neglect to include the reclamation activities in the Manila Bay as the first and foremost reason for its destruction.

19. Considering the foregoing, and the imperative need to bring to the attention of the Honorable Court the above-matters, which are matters of fundamental importance in the clean up, rehabilitation and protection of Manila Bay, movants most respectfully beg leave of the Honorable Court to allow them to intervene in these proceedings;

20. Movants is not unaware that Intervention, as provided under Rule 19 of the Rules of Civil Procedure should be filed at any time before rendition of judgment. But they submit that the rules is applicable only when the case is pending before the trial court but not before the Honorable Court that has the all-encompassing power to relax the rules and set aside technicalities all in the interest of justice and due process. More importantly, movants submit that the case has not yet been concluded with finality as the orders it has issued to the government agencies concerned were not yet followed and implemented. As was already stated above, the clean up, rehabilitation and protection of Manila Bay is a continuing process and would take a long period of time to be materialized. As such, legally and technically, this case did not end with the promulgation of the decision.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed that the movants be allowed to intervene in these proceedings and that the memorandum hereto attached be admitted and considered.

OTHER RELIEF, just and equitable under the premises, is likewise prayed for.

February 23, 2009, Quezon City for Manila.

JOBERT I. PAHILGA
Counsel for the Intervenors
PTR No. 0631912/03-06-2008/Navotas
IBP No. 748133/03-17-2008/Antique
MCLE Compliance No. II-0012413/09-08-2008
Roll No. 48289

SENTRO PARA SA TUNAY NA REPORMANG AGRARYO (SENTRA)
161-B Chico St., Project 2, Quezon City

Copy furnished:

OFFICE OF THE SOLICITOR-GENERAL
134 Amorosolo St., Legaspi Village
Makati City

ATTY. ANTONIO OPOSA
Counsel for the Respondents
6-J Westgate Tower, Investment Drive
1780 Alabang, Muntinlupa City
Republic of the Philippines )
Quezon City ) s.s.

VERIFICATION/CERTIFICATION

WE, FERNANDO HICAP, CHERRY CLEMENTE, MICHELLE GAYO, JIMBOY FRANCISCO, LUZAINE MILABO, ROGELIO CANTON, RENATO PRIETO, EDITO FERNANDEZ, EVELYN MARANA, SUSAN PAEZ, JESUS BAQUIN, DONATO VILLAFUERTE, ERLINDA QUILAPIO, ILUMINADA CABORNAY, CHARITO FRANCISCO, EDITO FERNANDEZ, GONDILINDA FERNANDEZ, REYNALDO SALAC, NENITA LAGARAN, SARAH CARNAJE and RODOLFO TORRES, all of legal age, Filipino, after having been duly sworn to in accordance with law, hereby depose and state that:

1. We are the intervenors in this case;

2. We have caused the preparation of this motion; have read and understood the contents thereof; and that the same are true and correct of my personal knowledge and based on authentic records.

3. We further certify that we have not commenced any other action or proceedings involving the same case in the Supreme Court, the Court of Appeals, or in any other tribunal or agency; and that to the best of our knowledge, no such action or proceeding is pending therein except the instant case. Furthermore, should we thereafter learn that a similar action or proceeding has been filed or is pending, we undertake to report such fact within five (5) days therefrom to the court or agency in which the original pleading and sworn certification have been filed.

IN WITNESS WHEREOF, we have set our hands this 23rd day of February 2009 at Quezon City, Metro Manila.

FERNANDO HICAP PEDRO GONZALES
TIN/ID No._______________ TIN/ID No. _________________

CHERRY CLEMENTE JIMBOY FRANCISCO
TIN/ID No._______________ TIN/ID No. _________________

LUZAINE MILABO ROGELIO CANTON
TIN/ID No._______________ TIN/ID No. _________________

RENATO PRIETO EDITO FERNANDEZ
TIN/ID No._______________ TIN/ID No. _________________

EVELYN MARANA SUSAN PAEZ
TIN/ID No._______________ TIN/ID No. _________________

JESUS BAQUIN DONATO VILLAFUERTE
TIN/ID No._______________ TIN/ID No. _________________

ERLINDA QUILAPIO ILUMINADA CABORNAY
TIN/ID No._______________ TIN/ID No. _________________

CHARITO FRANCISCO EDITO FERNANDEZ
TIN/ID No._______________ TIN/ID No. _________________

GONDILINDA FERNANDEZ REYNALDO SALAC
TIN/ID No._______________ TIN/ID No. _________________

NENITA LAGARAN SARAH CARNAJE
TIN/ID No._______________ TIN/ID No. _________________

RODOLFO TORRES MICHELLE GAYO
TIN/ID No. ______________ TIN/ID No.

SUBSCRIBED AND SWORN to before me this 23rd day of February 2009, affiants personally known to me and exhibited their Taxpayer’s Identification No./Identification No. indicated below their names and signature.

Doc. No. ____;
Page No. ____; NOTARY PUBLIC
Book No. ____;
Series of 2009
AFFIDAVIT OF SERVICE

I, ATTY. JOBERT I. PAHILGA, of legal age, Filipino, married and with office address at Sentro para sa Tunay na Repormnag Agraryo (SENTRA) after having been duly sworn to in accordance with law hereby depose and state that:

1. On February 23, 2009, I have cause the service of the foregoing motion to the above-named counsel for the respondent by registered mail with return card by depositing the same at the Quezon City Post Office with the following particulars:

OFFICE OF THE SOLICITOR GENERAL
134 Amorosolo St., Legaspi Village
Makati City
Registry Receipt No. _____________

ATTY. ANTONIO OPOSA
6-J Westgate Tower, Investment Drive
1780 Alabang, Muntinlupa City

SUBSCRIBED AND SWORN to before me this 23rd day of February 2009, affiants personally known to me and exhibited their Taxpayer’s Identification No./Identification No. indicated below their names and signature.

Doc. No. ____;
Page No. ____; NOTARY PUBLIC
Book No. ____;
Series of 2009

Leave a comment

Filed under environment

Militant solon sought probe on R-1 Expressway Extension Project

Militant solon sought probe on R-1 Expressway Extension Project

Militant lawmaker Rafael Mariano of Anakpawis party list last week filed House Resolution 1004 urging Negros Rep. Ignacio “Iggy” Arroyo, chair of the House Committee on Natural Resources and the House Committee on Ecology, to investigate a joint congressional inquiry on the harsh impacts of the 11-kilomter road R-1 Expressway Extension Project in Cavite province.

In his resolution filed last February 12, the activist lawmaker noted that aside from grave environmental destruction, the ambitious project that intends to connect the Manila-Cavite Coastal Road to other towns of the province up to Cavite City, will displace 26,000 fisherfolk and urban poor families from their main source of livelihood and abode.

“The project will further destroy the remaining coral and mangrove areas in Cavite province. The project is also being blamed for diminishing catch and for the flooding in Bacoor and nearby towns in the province,” the Anakpawis party list representative said.

Mariano agreed with the observations raised by the Samahang Magdaragat ng Bacoor, Cavite and the militant fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) that reclamation activities conducted by the Philippine Reclamation Authority (PRA) and the UEM-Mara Philippine Corporation violated the recent Supreme Court decision
(GR Nos. 17:947-48, MMDA vs. Concerned Residents of Manila Bay, December 18, 2008) on the rehabilitation of Manila Bay, adding that the reclamation is destructive to marine environment.

The militant party list solon agreed with Pamalakaya that the Department of Environment and Natural Resources (DENR) and other government officials from the top to the local government levels are using the recent high tribunal ruling on Manila Bay to effectively carry out the demolition of fish traps and other mussel growing structures in the bay to pave way for the fast-tracking of big ticket projects like R-1 and the Sangley Point international sea and airports.

Meanwhile, Pamalakaya national chair Fernando Hicap announced that his group will sponsor a legal forum on the recent Supreme Court ruling on Manila Bay on Feb. 16 at the Ibon Center in Quezon City. The activity titled “Manila Bay by Day, Manila bay by Night” will have Atty. Jobert Pahilga, executive trustee of Sentro Para sa Tunay na Repormang Agraryo (Sentra), and campaign advocacy officer of the National Union of Peoples’ Lawyers (NUPL) as a resource person.

“We will explore what legal actions we will take against the government and the concerned government agencies regarding this across-the-bay onslaught of President Gloria Macapagal-Arroyo and her officials,” he said.

“If there are legal basis to file class suit, and other criminal and civil cases against the government, the government top and local officials and their private clients, then by all means, we will pursue these charges,” Hicap added.

The Pamalakaya leader said his group was also urging Senator Ma. Consuelo “Jamby” Madrigal, chair of the Senate Committee on Environment to conduct a Senate inquiry on R-1 Expressway Extension Project.

Hicap said the office of Sen. Madrigal told them that the senator is inclined to investigate the harsh impacts of the Cavite Coastal road extension project on small fisherfolk and urban poor residents along the coastal villages of the province. #

1 Comment

Filed under environment

Cavite gov, 3 government execs violate SC ruling on Manila Bay, fishers group assert

Cavite gov, 3 government execs violate SC ruling on Manila Bay, fishers group assert

The left-leaning fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) on Wednesday said Cavite Governor Ayong Maliksi, along with environment and natural resources secretary Joselito Atienza, former Senator Ramon Revilla Sr., chair of the Philippine Reclamation Authority (PRA) and public works and highway secretary Hermogenes Ebdane violated the Supreme Court ruling on Manila Bay.

Pamalakaya national chair Fernando Hicap said the controversial R-1 Expressway Extension Project being pushed by the national government in cooperation with the Department of Environment and Natural Resources (DENR), the Department of Public Works and Highways (DPWH), the PRA and the Cavite provincial government is contrary to high court ruling thrust to bring the bay back to its pristine state and historical glory.

“The 11-kilometer expressway project is a road to perdition and a highway to destruction. But for President Gloria Macapagal-Arroyo and these officials, the R-1 undertaking is a multi-billion peso finance campaign. And to effectively carry out this P 8-billion fund sourcing, they are exploiting and prostituting the SC ruling on Manila Bay against the opposition,” added Hicap.

The Pamalakaya leader said the SC decision mandates the national government and concerned government officials and agencies to restore Manila Bay to its clean and productive state. Hicap said the ruling does not mention anything about the right of the state to evict poor fisherfolk and urban poor families from their main source of livelihood and communities.

“We have read and studied the SC decision on Manila Bay. The high tribunal is mandating the government to clean up the bay of wastes, not to clean this fishing ground of fisher people. The fisherfolk are part of the Manila Bay’s ecological life and survival,” Hicap added.

The Pamalakaya leader said a fisherfolk legal forum billed “Manila Bay By Day, Manila Bay By Night” will be staged on February 16 at the Ibon Center in Quezon City to fully understand the legal implications and relations of the December 2008 Supreme Court ruling on issues confronting Manila Bay fishermen, and how fisherfolk and the bay residents could effectively use the high tribunal decision as a legal remedy against the all-out destruction of their small-livelihood and demolition of fishing villagers along Manila Bay.

Hicap said Atty. Jobert Pahilga, executive trustee of Sentra Para Sa Tunay na Repormang Agraryo (Sentra) and campaign advocacy officer of the National Union of Peoples’ Lawyers (NUPL) will lead the legal education among members of Pamalakaya in Manila Bay.

Hicap added in that forum, his group hopes that they identify the legal actions to be taken against Gov. Maliksi, secretaries Atienza and Ebdane and Revilla Sr. of PRA.

Pamalakaya accused President Arroyo, Gov. Maliksi, Atienza, Ebdane and Revilla Sr. of destroying the remaining corals and mangroves of Manila Bay by pushing the R-1 Expressway Extension Project by allowing the reclamation of 7,500 hectares of the submerged public properties along the bay to give way to road construction.

“Reclamation will hasten the death of Manila Bay which is currently under the Intensive Care Unit and in full environmental comatose. That undertaking by design and by orientation, and by law is against the SC decision on Manila Bay,” the militant group said.

Yesterday, some 50 protesters who staged a camp-out inside the R-1 reclamation were dispersed by a composite team of 300 police and security marshals deployed by the Bacoor PNP, Cavite City PNP and Tagaytay PNP. Though no one was arrested, scores of fisherfolk and residents belonging to Samahang Magdaragat ng Bacoor, Cavite, an affiliate of Pamalakaya were hurt during the dispersal.

Pamalakaya said the R-1 expressway extension project will displace 26,000 fisherfolk families and urban poor residents in the coastal towns of Bacoor, Kawit, Binakayan, Noveleta and Cavite City. Last year, around 1,000 fishing and urban poor families were demolished and relocated to Tanza. The Department of Public Works and Highways (DPWH) promised to give P 15,000 to each family whose houses were demolished.

The militant group recalled that on June 21, 2007, President Arroyo signed Executive Order No. 629 directing the PRA to develop Sangley Point in Cavite City into a logistical hub with modern seaport and an airport, citing the R-1 expressway extension project as enabling component. The Pamalakaya leader said the Sangley Point project was Mrs. Arroyo’s birthday gift to Revilla.

Pamalakaya said the R-1 extension project resulted to diminished fish catch and destruction of remaining corals and mangroves in Bacoor Bay. The same Cavite road project is also being blamed for the flooding in Bacoor and nearby coastal towns in the province. #

1 Comment

Filed under environment

10,000 Bacoor fishers set People’s March, Fluvial protest vs. Cavite Road Project

10,000 Bacoor fishers set People’s March, Fluvial protest vs. Cavite Road Project

Some 10,000 fisherfolk and urban poor residents along the 15 coastal villages of Bacoor town in Cavite will stage a “People’s March” and fluvial protest on Monday against the R-1 Expressway Extension Project of the Philippine Reclamation Authority (PRA) and the UEM-Mara Philippine Corp.

Organizers led by the Samahang Magdaragat ng Bacoor, Cavite and Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) announced that fisherfolk and urban poor residents from 15 coastal barangays will march from their respective points of origin to the reclamation site.

They will meet around 300 fishermen aboard 50 small fishing boats on their way to the reclamation site in the boundary of Zapote and Bacoor, some 5 kilometers from the Manila-Cavite toll gate plaza.

SMBC spokesperson Trina Shavez said the R-1 extension project, which will involve the reclamation of 7,500 hectares of coastal waters and mangrove areas will connect the Manila-Cavite Road from Bacoor to Kawit, and it will continue inland up to Noveleta for a total of 11 kilometers.

“This project is a curse. It will not only kill our livelihood. The R-1 road project is also meant to remove us from fishing communities. Where we will go from here? This government is not after our rights and welfare. It is only after the interest of big investors and real estate money makers in exchange for fat kickbacks,” the SMBC spokesperson said in a press statement.

Shavez said the R-1 expressway extension project will displace 26,000 fisherfolk families and urban poor residents in the coastal towns of Bacoor, Kawit, Binakayan, Noveleta and Cavite City. Last year, around 1,000 fishing and urban poor families were demolished and relocated to Tanza. The Department of Public Works and Highways (DPWH) promised to give P 15,000 to each family whose houses were demolished.

“We want an end to his corporate takeover and plunder. We want our fishing and housing rights back and guaranteed. We will not leave,” the SMBC spokesperson added.

For his part, Pamalakaya national chair Fernando Hicap urged President Gloria Macapagal-Arroyo, former Senator and PRA chair Ramon Revilla Sr. and the private contractor of the project to stop pursuing the R-1 Expressway Extension Project, warning them of bigger protest and strong resistance the Cavite fishermen and residents if the national government will not cease and desist from implementing the destructive project.

“President Arroyo and the old Revilla must stop this corporate led and corruption driven project. They should quit from mortgaging the livelihood and future of small fisherfolk in Cavite and cease and desist from further destroying the environment of Manila Bay, said Hicap.

Hicap recalled that on June 21, 2007, President Arroyo signed Executive Order No. 629 directing the PRA to develop Sangley Point in Cavite City into a logistical hub with modern seaport and an airport, citing the R-1 expressway extension project as enabling component. The Pamalakaya leader said the Sangley Point project was Mrs. Arroyo’s birthday gift to Revilla.

Pamalakaya said the R-1 extension project resulted to diminished fish catch and destruction of remaining corals and mangroves in Bacoor Bay. The same Cavite road project is also being blamed for the flooding in Bacoor and nearby coastal towns in the province.

The militant group said the reclamation activities conducted by the PRA and the UEM-Mara Philippine Corp. violated the recent Supreme Court decision on the rehabilitation of Manila Bay adding that the reclamation is destructive to the marine environment.

“We cannot bring Manila Bay back to its pristine state and historic glory if the Arroyo government continues to sanction the anti-environment and anti-people business activities of the PRA and the UEM-Mara Philippine Corp. The R-1 extension project and the Sangley big ticket item project of Revilla Sr. are in violations of the high court’s ruling on the environment,” it said. #

Leave a comment

Filed under environment

5,000 to join People’s March vs. R-1 road anew

5,000 to join People’s March vs. R-1 road anew

Bacoor, Cavite- Five thousand protesters are set to join the 2nd staging of Caviteño’s People March against the controversial R-1 Expressway Extension Project.

In a phone interview with The Pamalakaya Times, Ms. Trina Shavez, spokesperson of Samahang Magdaragat ng Bacoor, Cavite (Fisherfolk Association of Bacoor, Cavite) said fishermen and urban poor residents from the town’s 15 coastal barangays will join today’s march from Barangay Mabolo to Barangay Talaba.

Last week, 15,000 people joined the rally against the Cavite road project, which critics said will allow the reclamation of 7,500 hectares of submerged public lands from Bacoor to Cavite City.

Shavez said 26,000 fishermen and urban poor families will be displaced once the Philippine Reclamation Authority completed the 7-km road project that will be annexed to Manila-Cavite Coastal Road.

Leave a comment

Filed under Uncategorized