FACTSHEET: STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION


Victims: 1. Villardo “Billy” C. Abueme
2. Rosario G. Abueme
3. Anito C. Abueme
4. Nida C. Abueme
5. Diomedes C. Abueme
6. Roque Lariestan
7. Martin L. Dagamina
8. Fidel Garado
9. Isidoro Garado
10. Valeriano Garado
11. Arsenio Garado
12. Genaro Abrajano
13. Dennis Garado
14. Sofronio Bagares
15. Diego Palasan
16. Asuncion Prieto
17. Dionesio Urbano

Case: Arson and Robbery

Place of Incident: Homonhon Island, Guiuan, Eastern Samar

Date of Preliminary Investigation: March 24, 2009

Complainant: Engr. Rogelio C. Frequencia
Project Development Manager
Mt. Sinai Exploration and Development Corporation

Motive: To restrain or silence anti-mining, environmental protection and human rights advocates from publicly engaging on such calls and actions.


Account of the mass action:

Around two hundred (200) protesters from the different barangays of Homonhon Island and some religious groups from Surigao who happened to be in the island convened at Brgy. Cagusu-an in the morning of August 09, 2008, made a short program and at around 10:00 a.m., the group marched towards the two mining camps, one at the hilltop camp of Mt. Sinai Exploration and Development Corporation (MSEDC) and another at the core of the mountain where Cambayas Mining Corporation (CMC) holds its office.
The causes for the mass action were as follow: 1. intrusion of these mining companies digging holes and posting “No Trespassing” signs within the farms and farmlands of the people in the island; 2. operating without proper consultation with the community where many of the farmers have standing Certificate of Stewardship Contract awarded by the DENR; 3. posting of guards and blockades at all access roads to other barangays that traverses through their mining claims; 4. passivity of many barangay officials from the calls of their constituency to hold a public hearing regarding these activities; people of Homonhon suspect that they were colluding with the mining firms; 5. ill effects of mining to the environment, livelihood, health, etc….; 6. invasion of the Islands autonomy that mining personnel acted to be the kings in the Island; 7. the apprehension that many of local political leaders are selling out Homonhon Island in favor of mining firms for their own benefit and that local political leaders themselves bear interest of owning a mining operation in the Island; and 8. absence of respect, protection and fulfillment of the peoples rights living in remote rural areas such as Homonhon from the concerned government agencies.

The protesters arrived at MSEDC’s Camp at the hilltop where they were joined by the parish priest and other people from Brgy. Casuguran. They demanded a dialogue with the staff/guard but no one came out to meet with them. Some protesters visited a drilled pit nearby while the others chanted “No to Mining in Homonhon Isalnd” and aired their reasons why mining need not to be pursued in the Island. One from the protesters had taken one 2” diameter G.I. pipe of around forty feet long from the piles of pipes placed outside the fence of their bunkhouse with the intent to be used as an exhibit to the people of Homonhon Island. It was later posted it at the public plaza of Brgy. Cagusu-an and mounted with a placard that reads “ine iton kahalarum hit tuna hit aton bukid nga ira pagkukuha-on” (This signifies the depth of our mountain soil that they are going to take!).

From MSEDC’s camp, the group proceeded towards the camp of CMC, a distance of around more or less two kilometers from MSEDC’s camp. Along the way, the protesters passed through a makeshift guard house left by the guard upon seeing the protesters coming. They noticed the wooden blockade already removed. Protesters who had just witnessed with the arrogance of these mining firms were provoked and have shown outraged by shouting “Tanan hit tawo ha Homonhon nga naruruyag hit mina, palayason!” ( All people in Homonhon who favor mining operations should stay out of the Island).

At CMC’s camp, the group had a confrontation with one of the mining firm’s staff, a Filipino-Chinese national who claimed to be an accountant of CMC. Two other Chinese looking men stayed away from the crowd. Many of the protesters began denouncing and lambasting the actions of the mining firms in the island expressing their disgust and disappointment. The people’s emotions were demonstrated further by venting their anger to the things within the premises that provoked their freedom of movement within the Island and curtail their rights to their means and sources of subsistence such as the “No Trespassing signs”. The protesters claim that they meant to leave marks as a show of their indignation over the mining firm’s disregard to their dignity as human beings which by their interests had been clearly disrespected. The group declared their strong resolve to continue struggling against mining because, through the many experiences from the previous mining operations and the ill effects that are being endured and suffered by the Island’s populace before, at the present and undoubtedly over a long period of time in the future, the group exclaimed that mining in the Homonhon Island in any form is a menace to the whole Island, and an abuse and injustice to human life and dignity and the environment.

The crowd voluntarily dispersed at around 1:30 pm.

The following day, August 10, 2008, based on personal accounts of witnesses, a group of masked men of around 12 persons, individually carrying bags, entered the barangay proper of Brgy. Cagusu-an. The people found out that they were led by certain Roger Frequenza, alleged mining engineer of MSEDC. The masked men scattered themselves within the barangay plaza while Mr. Frequenza and his presumed bodyguards went to the house of HERO President Billy Abueme. The two entered the gate and knocked at the door. That time however Abueme has has already left for Guiuan more or less 30 minutes before they came. The two then went to the house of our HERO leader Fidel Garado. The two engaged Garado in a confrontation. Before leaving Frequenza allegedly leave a word saying that “gawin niyo ang gusto niyo at gagawin naming ang gusto naming” (do what you want to do, we will do our own!).

They also went to uproot the G.I. pipe that was posted the other day by the protesters in the plaza and took it with them as narrated by a very reliable sources.

Commentaries and calls in favor of the protesters on the mass action in Homonhon was heard many times over a local radio station based in Tacloban City.

After what happened, the provincial government of Eastern Samar acted on the claims of the protesters and conducted an ocular inspection on most of the mining sites in Homonhon Island on August 22, 2008. The provincial government upon their investigation validated the claim of the protesters that most of the mining firms have been operating illegally. They have ordered all mining firms in Homonhon Island to stop their mining related activities until after all their necessary permits prior to their activities may be secured. This action however was viewed by the people of Homonhon to be not a penalty but merely an order to follow the legal procedures before they could re-open their operations.

Following these events, the firms countered by filing a case against the group of protesters charging them with Arson and Robbery at the Guiuan Municipal Trial Court.

Prepared by:

Villardo “Billy” C. Abueme
President
Homonhon Environment Rescuers Organization
Homonhon Island Guiuan, Eastern Samar
Email Add: billy78abueme@yahoo.com