Kim’s Dream Orlan Ravanera
No Rule of Law on Environment
Any law student who wishes to pass the bar must put in the inner recesses of his thoughts that in this country, no one is above the law and that all must bow to its majesty. This is so because ours is “a government of laws and not of men.” In fact, all political law books are unequivocal in their declaration of the supremacy of the rule of law and that “a Republican government is a responsible government whose officials hold and discharge their positions as a public trust and shall at all times be accountable to the people they have sworn to serve.
When these words are verbalized in classrooms of law colleges and courts of law with all eloquence, one cannot help but be awed. Even more awesome are statements, such as, “let justice be done till heavens fall,” as boldly written on the wall behind a judge’s seat in a courtroom or those words portrayed on the wall conspicuously seen as one enters the Integrated Bar of the Philippines’ building, “No master but law, no guide but honor, and no aim but justice.”
Against the backdrop of the enforcement of environmental laws, all of these legal pronouncement, however eloquent in prose and style, are just empty rhetorical statements, “full of sound and fury, signifying nothing,” to quote Shakespeare. For in truth, while our country has the most comprehensive of laws in Asia as far as the environment is concerned, but the most delinquent in enforcement. This is Res Ipsa Loquitor as our country now faces an alarming environmental crisis and unless soon averted, will lead in our accelerating drive towards ecological disasters. Indeed, we have already lost our ecological security and the Philippines has been rated as the 4th hardest hit country in the world by climate change where in just one night of flooding, thousands were dead and more, if not dead, were rendered homeless. Typhoon Sendong, for example, hit the cities of Cagayan de Oro and Iligan on Dec. 17,2011 where 3,000 died and more than 10,000 families were rendered homeless.
Why have we lost our ecological security? In just one century alone, we have lost our 17 million hectares of dipterocarp forest in just “a wink of an eye,” with all the billion species of flora and fauna living in the forest ecosystems for millions if not billions of years. From 1971 to 1988 alone, the loggers had harvested some 3.88 million hectares of virgin forest and had not at all complied with the terms and conditions as provided for in the issuance of Timber License Agreement (TLA) by the DENR, foremost of which is reforestation. In fact, the logging industry, despite amassing forty-eight billion dollars from 1970 to 1988, had only contributed from .05% to 1.3% to the government revenue, based on the report of the Asian Development Bank.
It is a fact that the loggers have raked so much wealth and power to form a strong cabal of vested interest that has allowed them to flagrantly violate forestry laws. The DENR Regional Director said in a Sangguniang Panglunsod meeting in 2010 in Cagayan de Oro City presided then by Kagawad Ramon Tabor, “We cannot stop illegal logging as loggers are more powerful than the government, so we better legalize illegal logging.” I countered, “Director you better legalize rape or kidnapping because the victim is just one or two but if we legalize illegal logging, thousands will die.” They all laughed and called me “prophet of doom.” Well Typhoon Sendong took place the following year (2011) and indeed thousands died.
To know how powerful the loggers are, please read the book of PCIJ’s distinguished journalist, Ms. Marites Vitug, “Power from the Forest,” that many have been elected to top positions, i.e., mayors, governors, congressmen, as they have so much money to buy votes. Don’t you know that in one shipment of logs alone a logger would earn some 400 million pesos, money that they shared with law enforcers and to buy votes during elections. In fact, according to Ms. Vitug, some are still in Congress. The shameless loggers have indeed mocked forestry laws as manifested in their illegal cutting before of trees in the watersheds of Cagayan de Oro, Bukidnon, Caraga and Lake Lanao, flagrantly violating the following laws: 1) the prohibition to cut trees in slopes having at least 50% gradient; 2) prohibition to cut in areas which are 1,000 meters above sea level; 3) prohibition to cut dipterocarp species, i.e. red lauan, narra, mahogany, almacega. The 5,000-ha. Mr. Kitanglad Range and Mt. Kalatungan Range in Bukidnon are within these prohibition yet all of these Ranges have been denuded and exploited by six logging companies from 1950s to year 1999 namely, Dacudao, Vicmar, TIPI, Valderama & Sons, Remedios Fortich & Roa & Sons not to mention the late 2nd Lt. Desty Eleazar, a military official at that, doing illegal logging. A Satellite Map of CDO-Lanao Watershed revealed that today only 500 hectares of forest remain from 37,000 in the seventies with loggers carrying recycled or xeroxed permits or without permit at all.
Don’t you know all those years, some 50 ten-wheeler logging trucks would pass the thorough-fares of Cagayan de Oro from midnight to early dawn with armed escorts carrying high-powered guns and each truck paying check-points five thousand pesos? Such was the reason why we in Task Force Macajalar initiated direct action called Human Barricades Against Logging as hundreds of us then increasing to thousands HUMIHIGA SA KALSADA and dared logging trucks to run over us before they can pass from 1991 to year 2000. Logging only stopped then when no less than President Joseph Estrada came and talked to us and then and there ordered then DENR Secretary Cerilles to stop logging which were then all illegal.
Now let’s go the illegal mining which are now intensifying done by Chinse Nationals carrying only Tourist Visa but are well-armed with AK-47 and Armalites we found in their campsites. When our ally from Task Force Macajalar named Fausto Orasan known as Datu Sandigan, the over-all Chieftain of the Higaonon Tribe in Cagayan de Oro was fearlessly monitoring illegal mining then in 2014, he was killed in Bry. Tumpagon and until now, no killer has been arrested. As then Chairman of TASK FORCE KINAIYAHAN together with 10 agencies of government which were ordered in 2013 by the Court of Appeals to stop illegal mining and logging, we have arrested 5 illegal miners who are Chinese nationals carrying only Tourist Visa. We were so shocked to find Armalites, Ak-47 & hand grenades in their campsite in Tumpagon. We were even more shocked and puzzled why after only a week in prison, these arrested Chinese miners were released and were even accompanied by a high ranking elected official back to China. Yes, Cagayan de Oro is oozing with rich minerals and top quality gold at that. But don’t you know that the massive hydraulic flush mining and open pit-mining operations in the uplands of Cagayan de Oro up to Iligan City are all illegal as these are highly injurious, not only to the critical balance of nature but to human life itself
These illegal mining activities have not only destroyed 50 million peso-irrigated projects but have tremendously destroyed critical sea life, not only to mention the vulnerability of the people in Cagayan de Oro to fatal flush floods a Iponon River is being literally erased. There is a joke that says, “If Bohol has chocolate hills, Cagayan de Oro has chocolate river,” and that’s Iponan River. The operation itself was so risky that 30 people have already died, including a former Barangay Captain. Yet, no law enforcement has been done despite the fact that laws were apparently and grossly violated.
I’ve been to Sitio Nangkaon in Tumpagon lately together with staff of CLENRO as tasked by the CLENRO himself, my good friend Engr. Armen Cuenca. We had been informed how the illegal Chinese miners have Buck-hoed the beautiful river that had destroyed the mini-forest in the middle of the river, About 30 meters deep of the river had been dug-up by buck-hoes and then hidden and some 300 poor people have been paid to mine the river. Until now, no one has been arrested. What rule of law are you talking about?
Recently, it is so amazing to know that no less than Congressman Rufus Rodgriguez has filed a billed in Congress to TOTALLY BAN mining operations in Cagayan de Oro. We in Task Force Macajalar and SULOG, One Sendong is Enough, the environmental coalition for Peace, Justice and Sustainability are firmly saluting Cong. Rufus for such courageous act that will finally put an end the mockery of environmental laws. With the passage of that bill banning all types of mining operation, no one, not even powerful Chinese miners, will dare to do mining in Cagayan de Oro as the law that provides severe penalties will surely erase illegal mining activities and all equipment can be outrightly confiscated and the perpetuators outrightly arrested. When that bill is passed and enacted, no way can the miners resort to legal battle & maneuverings in cohort with power-that-be, no way “can money talk” as categorically, warrant of arrest can be issued as mining, of all kind, is banned. No way can these illegal miners play around with the law totally banning mining in Cagayan de Oro City. To Cong. Rufus, our firm Salute! DAGHANG SALAMAT, CONG. RUFUS.
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