N. Vizcaya’s ‘luxury buses’ draw flak

BAYOMBONG, Nueva Vizcaya–Officials and residents here denounced the alleged anomalous purchase by the provincial government of two brand new luxury buses worth P10.2 million, at a time when the country was suffering from severe food crisis and high power rates.

Board member Patricio Dumlao Jr. said the “questionable” purchase of a new 45-seater and a 25-seater Hyundai buses was made without the required public bidding, raising suspicion that this could be another graft-ridden deal entered into by unscrupulous provincial officials.

“This is highly anomalous because the province had to buy from a Korean supplier through direct purchase, when there are many other suppliers in the country that could have provided the same vehicles, maybe at less cost to the government,” Dumlao said.

He expressed dismay that instead of addressing the national concerns of food sufficiency, rising cost of basic commodities and electricity, the province has been more concerned about spending on their luxuries.

Documents obtained by this writer stated that the buses–a 45-seater Hyundai Universe model 2008 worth P6.3 million and a 25-seater Hyundai County model 2008 worth P2.7 million–feature “full basic functions” and are equipped with DVD players with monitor and a refrigerator.

Residents were also irked over what to them was another display of “wanton extravagance” by the provincial government, which has engaged in a spending spree on sports utility vehicles (SUVs) for its officials.

“The provincial government is so desperately trying to collect taxes but at the same time it is wasting taxpayers’ money on less important expenditures,” tricycle driver Armand Asuncion, 46, said, referring to the brewing controversy over quarry taxes between the province and a foreign mining firm.

Bayombong resident Sonia Capistrano, 35, a mother of three, said the province could have used the funds to help pay for the electricity bills in public elementary schools, a burden being passed on to pupils’ parents for years now.

On Wednesday, the provincial board approved a resolution authorizing Gov. Luisa Cuaresma to purchase the luxury buses on direct importation, upon request of the bids and awards committee which earlier declared a “failed bidding”.

Dumlao said it was “ridiculous” that while the BAC was still asking for an authorization for the governor, the buses have been shipped to the country and are ready to be delivered, stored at a shop in Quezon City.

In August 2007, the provincial board earmarked P9 million for the purchase of two air-conditioned buses supposedly for the province’s use during educational tours, seminars and out-of-town trainings and conferences.

But instead of conducting a public bidding, the province’s bids and awards committee (BAC) on April 15, declared a failure of bidding and picked Shin Heung Corp. of Seoul, South Korea as “exclusive dealer”, Dumlao said.

No public bidding, however, was ever initiated, he added.

“If there was an honest-to-goodness publication of the public bidding, a lot of dealers would have come to tender their bids. I wonder how Shin Heung came out of nowhere from Korea and offered to be a dealer,” he said.

Confronted during the board’s session on Wednesday, Tomas Garra, BAC chair, admitted he did not know the circumstances on how Shin Heung knew of Nueva Vizcaya’s need for two buses.

“They must have known through their contacts; afterwhich, they sent a letter to the governor. What I know is that one time I was invited to a meeting at the capitol, when I arrived at the venue, they (Shin Heung officials) were already there,” he said.

Dumlao expressed concern how anomalous deals in the province have become detrimental to the government, citing a P15-million bulldozer that was bought last year which broke down after only a few months’ use.

But because the buses are considered “luxury”, Dumlao said, the province cannot avail of tax exemption from importation that is granted by the local government code.

Garra said the provincial board may need to allocate P1.2 million more to cover the customs duties that must be paid by the province for the imported buses, bringing the total allocation to 10.2 million.

Gov’s allies want ‘kalabasa’ award for DENR’s Atienza

BAYOMBONG, Nueva Vizcaya–A provincial board member here on Wednesday filed a resolution awarding the “kalabasa” (squash) award to Environment Secretary Jose “Lito” Atienza, for “mishandling” the
controversy between the provincial government and a foreign mining firm operating here.

Board member Efren Quiben said Atienza deserves the award for favoring and defending OceanaGold Philippines, Inc., an Australian firm, and “betraying” the local government code which empowers provinces to collect quarry taxes.

The province is trying to collect about P30 million in sand and gravel taxes and income from licenses from firms operating at OceanaGold’s US$117-million Didipio gold-copper project in upland Kasibu town. Atienza, however, said the company’s quarrying activities cannot be taxed.

“Secretary Atienza used to perform well as mayor of a premier city of the country. It is sad to note that when he became head of the Department of Environment and Natural Resources, he seems to have forgotten the provisions of the local government code,” he said.

Holding a squash while delivering his speech in Wednesday’s session of the provincial board, Quiben explained that the “kalabasa” award was being given to Atienza for “doing a poor job” in upholding the welfare of local governments.

Sought for comment, Atienza laughed off the supposed award.

“We are staying on track following the rule of law. If there is someone who is supposed to receive a ‘kalabasa‘ here, it’s not me, but the one who does not know the law,” he said, without elaborating.

Challenge

Board Member Edgardo Balgos reminded Atienza about his promise during his visit to the province in October last year that he will uphold the right of local governments to receive benefits due to them from the
operations of large-scale mining projects.

He said the national government should not deprive the local government of its right to collect quarry taxes, being its only source of revenue from mining operations.

“You vowed to go to jail if you are challenged by foreign mining companies who refuse to pay taxes to local governments. Now, OceanaGold is challenging you,” he added.

Atienza drew the ire of provincial officials here after he was quoted in media reports last week as supposedly saying that Gov. Luisa Cuaresma “should come to her senses” after issuing a cease-and-desist order (CDO)
against the operations of OceanaGold and its sub-contractor, Delta Earthmoving Corp.

Both Quiben and Balgos are Cuaresma’s staunch allies.

In an interview, Atienza, however, maintained his stand that province cannot collect quarry taxes from OceanaGold, as it was exempt from such obligations under the financial and technical assistance agreement (FTAA) that the Philippine government entered into with the company.

“My latest action here is to direct OceanaGold to proceed. We are consistent, staying on track following the rule of law,” he said.

Capricious

On May 6, Cuaresma and about 50 officials and employees of the province trooped to Didipio to stop what to them were illegal quarrying operations. They have camped out at the site since, preventing every movement of OceanaGold’s heavy equipment.

The DENR chief expressed surprise that after Cuaresma has shown support to the project for the past several years, she now “capriciously decides to tax it”.

“She’s on the wrong track,” Atienza said.

He also had this piece of advise for the board members: “I would strongly suggest that the board members ask their lawyers. We should not be ruled by emotions, by personal orientations, but by the rule of
law.”

N. Vizcaya gov’t squeezes Aussie mining firm

BAYOMBONG, Nueva Vizcaya–The provincial board on Wednesday continued to add pressure on a foreign company here when it initiated a resolution withdrawing its support to the firm’s gold-copper project over its “blatant” refusal to pay quarry taxes to the local government.

The 13-member Sangguniang Panlalawigan (SP) voted to pass on first reading the resolution filed by board member Edgardo Balgos, which also took to task OceanaGold Philippines, Inc., an Australian firm, for the “unfulfilled promises” as well as human rights violations allegedly committed against the people of Didipio in Kasibu town.

Observers who witnessed Wednesday’s SP deliberations, however, noted that the resolution could be a bluff, an arm-twisting strategy to compel the company to negotiate with the provincial government.

The board’s move came on the heels of a pronouncement by Gov. Luisa Cuaresma on Friday that she was withdrawing her support to the project, including all large-scale mining activities in the province.

During a dialogue with Director Horacio Ramos of the Mines and Geosciences Bureau, Cuaresma expressed lament that mining projects being pushed by the national government has caused conflicts among tribes in the province, and that she was taking the blame for the company’s broken promises.

Bully

For his part, Balgos slammed OceanaGold for acting like a “tigasin (bullies)” and “treating Didipio as its kingdom” by destroying bridges and roads that were being used by villagers, then preventing them access to areas that used to be public places.

He echoed earlier complaints of the illegal demolition of private houses within the proposed 425-hectare mining site, which were done without the owner’s consent.

Checkpoints set up by the company and manned by its security personnel were being used not to ensure safety of villagers but to harass them, he added.

Balgos said the withdrawal by the SP would put the project in jeopardy for failing to obtain social acceptability required under the Local Government Code of 1991.

Section 27 of the code states that no project or program shall be implemented by government authorities unless prior approval of the local council concerned is obtained.

The local governments of Didipio village and Kasibu town have repeatedly denied their endorsement of the OcenaGold project.

The SP was set to approve the resolution outright on Wednesday without the requisite three readings but members expressed concern as to the possible negative consequences of the resolution on the province should OceanaGold abandon its US$117-million investment.

Sought for comment, OceanaGold officials, however, expressed optimism that the present controversy “will be resolved soon”.

“We are aware of these as a consequence but are still in the opinion that (provincial officials) will come to their senses and respect the FTAA (financial and technical assistance agreement) signed by the Philippine government with OceanaGold,” said Ramoncito Gozar, vice president for communications and external affairs.

The FTAA is one of the means provided by the Mining Act of 1995 by which a foreign company can be allowed to explore, develop and exploit the country’s mineral resources.

Blockade

Since May 6, Cuaresma and a number of provincial officials have been holding post at the project site in Didipio village, stopping any movement of heavy equipment belonging to OceanaGold and its quarry sub-contractor, Delta Earthmoving Corp.

The provincial government is attempting to collect some P30 million in sand and gravel taxes, invoking its authority to regulate quarrying activities within its territory, as granted by the local government code. It also said Delta was operating without a business permit.

On April 9, Cuaresma issued a cease-and-desist order, which OceanaGold and Delta refused to honor, citing the pronouncement of Environment Secretary Lito Atienza.

In a letter, Atienza told the governor that OceanaGold need not pay quarry taxes because it was exempt under the FTAA it has entered into with the Philippine government.

N. Vizcaya gov’t stops mining operations over tax dues

BAYOMBONG, Nueva Vizcaya - The provincial government has blocked earth-moving operations by an Australian mining firm for its refusal to pay taxes imposed by the local government.

On Tuesday, a group of about 50 provincial officials, department heads and police and security personnel went to Barangay Didipio in Kasibu town to stop the operations of OceanaGold Philippines Inc. and Delta Corp., a subcontractor of earth-moving activities there.

Lawyer Desiderio Perez, provincial legal officer, said officials, led by Gov. Luisa Cuaresma, have vowed to stay in the area to prevent the company from resuming its activities until it agrees to pay the estimated P30 million business license and quarry fees.

“It is our belief that any agreement between the national government and foreign corporations does not override the power of the [local government] to collect sand and gravel taxes, as a devolved function under the Local Government Code of 1991,” Perez said.

OceanaGold has been clearing the area since December last year in preparation for the construction of various facilities for its $117-million mining project. The firm has set the start of production in February 2009.

Work, however, has been hampered by controversies in right-of-way issues as a number of residents refused to leave despite the offer of compensation.

Perez said the province was firm in enforcing the cease-and-desist order (CDO) issued by Cuaresma on April 9 against OceanaGold.

In his April 22 letter to Cuaresma, Environment Secretary Lito Atienza said earth-moving activities by OceanaGold and Delta in Didipio were allowed by the financial and technical assistance agreement granted by the Philippine government, which also exempted it from paying quarry taxes.

Since Tuesday, this writer has been seeking OceanaGold’s response but Ramoncito Gozar, the firm’s vice president for communications, declined.

A report of a six-member team that would enforce the CDO said OceanaGold and Delta officials refused to honor Cuaresma’s order when it was delivered to them in Didipio.

Instead, they vowed to continue the work, citing the instructions of Atienza.

The province has also required the company to submit its program of work, to enable the local environment office to assess the quarry taxes due to the province, the official added.

The provincial board is also set to withdraw its 2005 endorsement of the Didipio project, Perez said, to invoke the provision of law that no project shall be allowed to operate without the approval of host local communities.

Both the village council of Didipio and the town council of Kasibu had denied endorsement for the project.

In the sub-village of Dinauyan, residents composed mainly of Ifugao natives also set up road blockades to prevent the entry of heavy equipment that were to construct the project’s 70-meter high tailings dam.

Tribes score mining firm for ‘lack of concern’ for villagers

BAYOMBONG, Nueva Vizcaya–Tribal leaders in an upland community here on Tuesday criticized the supposed apathy shown by an Australian mining firm by claiming that its project was underway, despite widespread clamor for its stoppage over controversies.

Village officials of Didipio in upland Kasibu town assailed the alleged claims by officials of OceanaGold Philippines, Inc. that downplay the conflicts surrounding its construction of the US$117-million gold copper project in the area.

“Makitatayon ti agpayso nga kulay daytoy nga kumpania nga awan nga pulos panangimasakitda ti tattao, ta ti napateg laeng kaniada ket ti minas (We are now seeing the true color of this company, that it does not care at all about the welfare of the people because all it cares about is the mines),” said village councilor Carmen Ananayo.

On Monday, OceanaGold came out with its first-quarter report saying the company was “on schedule” in its “pre-stripping (activities) of its open-pit mine” this month, in preparation for its targeted start of gold and copper production in February 2009.

A private contractor, the report said, was in the middle of building the run-of-mine storage pad and digging for the processing plant and permanent camp sites, which is expected to be completed by the third quarter of 2008.

But the company concealed the conflicts it has encountered in Didipio, village leaders said, mainly in the acquisition of access rights over private lands and in the clearing of the area and demolition of houses.

“OceanaGold must show honesty towards its investors, by admitting that issues continue to hound the project. In order to prove that it is a responsible company, it should meet these issues head-on and not set them aside,” Peter Duyapat, president of the Didipio Earth Savers Multi-purpose Association (Desama), a people’s organization, said in the dialect.

This writer tried to contact Ramoncito Gozar, OceanaGold’s vice president for communications and external affairs, but he did not take calls to his mobile phone or respond to text messages on Tuesday.

Since last month, tribal residents, composed mainly of Ifugao natives, have been manning two barricades in the sub-village of Dinauyan, in an attempt to block the entry of the firm’s heavy equipment that are attempting to clear the area for its mine tailings dam.

Pleas for the company to first look at the problems before it proceeds with other activities have not been heeded, Duyapat said in a phone interview.

He cited how OceanaGold “ignored” the request of National Commission on Indigenous Peoples (NCIP) for the company to suspend its operations until complaints raised by villagers were resolved, including supposed non-payment of compensation to landowners, as well as various human rights violations.

In response, company lawyers denied the allegations, and maintained that the OceanaGold’s operations are all within the legal bounds of the rights granted to it by the Philippine government as a mining contractor.

Didipio residents expressed outrage over how the national government, too, has supposedly been tolerating the show of lack of concern by OceanaGold for tribal communities here that are being affected by the construction of its large-scale mining project.

Duyapat said the government’s recent conduct has shown that it has abandoned its supposed function to regulate the mining activities of foreign firms that are found to be violating Philippine laws.

Last week, OceanaGold and environment officials dismissed a cease-and-desist order issued April 9 by Gov. Luisa Cuaresma, due to the supposed lack of a permit for OceanaGold’s quarry activities in the area.

Local officials said the company should also pay quarry taxes under the provincial government’s revenue code.

In an April 22 letter, Secretary Lito Atienza came to OceanaGold’s defense, saying earth-moving activities in Didipio are already covered by the financial and technical assistance agreement (FTAA) granted to the firm by the Philippine government.

Atienza expressed concern that Cuaresma’s cease-and-desist order “has resulted in the disruption or undue delay of OceanaGold’s operations”.

“The FTAA is a valid and existing contract between the…Philippines and OceanaGold, and any act by government and its subdivisions tending to interfere with the parties’ rights and obligations is certainly not conducive to the stability of contractual relations,” he said.

N. Vizcaya tribes turn to gods amid woes

BAYOMBONG, Nueva Vizcaya–Tribal leaders here are imploring the aid and protection of their deity “Kabunian” amid hardships suffered by tribes, especially involving various mining controversies in the province.

Tribal priests from various indigenous groups in Nueva Vizcaya staged the “Baki ni Halupay” at the provincial office of the National Commission on Indigenous Peoples (NCIP) here Thursday following the
series of “unfortunate” events that have been plaguing indigenous communities.

NCIP Commissioner Rizalino Segundo said the ritual is meant to block bad spirits and mislead the mind of enemies that are believed to have been responsible for the difficulties currently faced by the tribes.

The ritual, which lasted for about two hours, featured prayers by three priests from various Cordillera tribes here, followed by an offering of a native pig. The pork was later shared among participants in a feast that was accompanied by native rice wine or “tapey”.

The bloodied wooden spear that was used to kill the boar was later hung at the entrance of the NCIP office, its sharp tip pointed outward, to scare off bad spirits, Segundo said.

“It also aims to stall such untimely death of NCIP officials and personnel,” he said, alluding to the recent demise of Tommy Dawang, tribal assistance affairs director; Dr. Belino Osingat Sr., Region 4 director; and Rafaelito Jandoc, acting region 12 director.

The NCIP official expressed concern over the series of struggles faced by tribes in the province, primarily in areas affected by the entry of mining projects carried out by three foreign companies.

He cited the supposed human rights abuses faced by Ifugaos who are opposing the planned gold-copper project of OceanaGold Philippines, Inc., an Australian firm.

In a visit to the area early this month, an NCIP team affirmed earlier reports of the company’s alleged non-payment to Ifugao landowners and alleged acts of harassment, in connection with its ongoing efforts to
acquire access to lands in the area and clear these villagers’ houses for its US$117-million project.

Lawyer Basilio Wandag, NCIP legal affairs director, earlier asked OceanaGold to stop demolition of properties of tribal residents until their complaints are addressed by the company.

This request, however, was turned down by company, with company lawyers citing the supposed legality of their operations in Didipio.

In nearby upland Pa-o village in Kasibu, tribal members belonging to Ibaloi, Kalanguya and Bugkalot are bracing for what could be a bloody face-off with pro-mining Bugkalot members, who are pushing the entry
of drilling equipment for exploration activities of RoyalCo Resources Limited, also an Australian firm.

Since November, the anti-mining group has set up a barricade at the entry of RoyalCo’s 3,000-hectare exploration area in Pa-o. A group of Bugkalots, however, have insisted on their right to allow the
project’s entry.

Pa-o is within an ancestral domain area granted to the Bugkalot of eastern Sierra Madre.

On Tuesday, the Philippine National Police deployed a team from its Special Action Force to diffuse tension in the area, following reports that both factions have taken up arms in anticipation of an encounter with rival forces.

Tribal communities have likewise expressed outrage over the unabated drilling operations of Metals Exploration Inc. (MTL) in Runruno village in nearby Quezon town, which has been declared by the Mines and Geosciences Bureau as a geo-hazard area.

The provincial board has earlier asked President Gloria Macapagal-Arroyo to suspend MTL’s operations, amid fears of a repeat of the 2005 tragedy wherein landslides and flashfloods ravaged the village and killed 13 residents.

On April 8, the main office in Barangay Don Tomas Maddela here of the Philippine Association for Intercultural Development (Pafid), a partner non-government organization of the NCIP, was razed. No one was hurt in the fire.

Agency seeks to stop demolition of tribe’s houses in N. Vizcaya mining project

KASIBU, Nueva Vizcaya–The National Commission on Indigenous Peoples (NCIP) called for the stoppage of the operations of an Australian mining company amid the alleged violations of human rights it has committed against tribal peoples of an upland village here that is the site of a large-scale mining project.

Lawyer Basilio Wandag, NCIP legal affairs director, asked OceanaGold Philippines, Inc., owner and operator of the proposed Didipio gold-copper project, to stop demolition of properties of tribal residents until their complaints are addressed by the company.

Wandag made the call upon the recommendation of eight-member NCIP team led by NCIP Commissioner Rizalino Segundo that conducted a field investigation in the area earlier this month.

The NCIP team affirmed the complaints earlier raised against OceanaGold, which included non-payment to landowners and alleged acts of harassment, in connection with its ongoing efforts to acquire access to lands in the area and clear these villagers’ houses for its US$117-million project.

Company officials, however, dismissed NCIP’s call and denied the allegations.

In a letter to Wandag, OceanaGold maintained it has no reason to stop its demolition activities because it has fully complied with the mining law, which supposedly grants the company the right of unrestricted access to the area.

Since Didipio is not within a declared ancestral domain area, its residents, who are composed mainly of Ifugao folk, are not covered by the Indigenous Peoples’ Rights Act (Ipra), the company said.

“We note that you have not indicated in your message the names of the alleged IPs whose property you claim have been demolished or destroyed. You have not also indicated the facts surrounding the alleged demolition. OGPI, therefore, cannot specifically address your allegation,” the letter said.

According to NCIP regional director Ruben Bastero, the NCIP team has recorded 21 complaints of landowners whose houses have already been demolished but have not been paid by the company.

Residents also reported loss or destruction of their personal belongings during the demolition, which the company’s wrecking crew carried out despite the owners’ absence.

The cases of unpaid landowners has forced tribal villagers to set up a barricade in the sub-village of Dinauyan, amid fears that their houses will be forcibly torn down by the company, with the help of armed men.

Under the law, the state can exercise the power of eminent domain, or the forcible “taking” by government of private property for public use, but only after adequate payment of just compensation to the owner of the land, Bastero said.

“We will also look into the reported slapping of village council member Eduardo Ananayo by one SPO4 Noel Valdez, a member of the police force assigned in Didipio, as well as the shooting of an Ifugao native by a company security guard,” he added.

Villagers also complained that company bulldozers and other heavy equipment have been working even during night time, causing noise that is too annoying for residents during sleep, especially for children.

Due to earth-moving activities, the village road in Dinauyan have now been blocked and scraped, making travel more difficult for residents of Didipio and nearby villages, and destroying the paddies of adjacent rice fields, said farmer Alfredo Pugong.

Residents also assailed the company for allegedly prohibiting landowners to engage a lawyer in the negotiations over their land, and for not giving landowners their personal copy of the “agreement to vacate” they entered into with OceanaGold.

“(OceanaGold) does not want to transact with (Didipio landowners) if they are assisted by lawyers. Yet, they use their own lawyers when transacting with individual members of the community,” said Peter Duyapat, president of Didipio earth Savers Multipurpose Association, a people’s organization.

In response, OceanaGold lawyers Diosdado Trillana and Lionel Lopez said the company has been working within company’s access rights in Didipio, which was granted by government through a financial and technical assistance agreement (FTAA).

The FTAA is an instrument under the Mining Act of 1995 allowing foreign companies to explore, extract and use the country’s mineral resources.

They said a number of Didipio residents have entered into easement and relocation agreements with OceanaGold, and were paid their corresponding compensation.

For those properties whose owners have refused to grant access to the company, OceanaGold has posted a bond with the Mines and Geosciences Bureau, to serve as the landowners’ compensation, as provided for by the Mining Act, the lawyers said.

Mining watchdog seeks probe of Aussie firms’ rights ‘abuses’

BAYOMBONG, Nueva Vizcaya–The Australian mining ombudswoman has called on the Commission on Human Rights in the Philippines to investigate the alleged human rights abuses committed by a Melbourne-based mining firm in remote Didipio village, site of its proposed US$117-million gold-copper project.

Shanta Martin, Oxfam Australia mining ombudsman, made the call amid reports of escalating human rights violations by OceanaGold Philippines, Inc. highlighted by last month’s shooting of an Ifugao native by a company-hired security guard.

“I urge the (CHR) to please investigate the situation as an independent party, and to assist the communities of Didipio to defend their human rights,” she said in a letter to Dr. Purificacion Valera-Quisumbing, CHR chair.

Since December 2007, OceanaGold has been trying to clear the land in Didipio, an agricultural village dominated by Ifugao natives, in preparation for its planned start of production by February 2009.

Such activities, however, have triggered unrest in the village due to the alleged illegal demolition of houses that are located within its projected 425-hectare mine production area, and the non-payment of compensation for displaced residents.

On March 23, villager Emilio Pumihic was shot by a member of the company’s security force as Pumihic tried to prevent a demolition crew from tearing down a house owned by a neighbor who was still sleeping inside his house. The victim has filed criminal charges against the guard.

Martin urged the commission to step in the absence of a sufficient grievance mechanism that is available to the villagers, as the company supposedly continues to downplay community members’ complaints through disclaimers and denials.

“My fear was that such a response (from the company) would fail to resolve community grievances and may lead to an escalation in tensions and even violence. Unfortunately, that fear has recently been realized (by the shooting incident),” she said.

The mining ombudsman cited the findings of Oxfam’s series of field investigations in Didipio, the latest of which was released in a report in October 2007.

These include: “1) interruption to the social cohesion of the community; 2) lack of social acceptability or free prior informed consent; 3) lack of a sufficiently rigorous and certain relocation process; 4) complaints of intimidation and harassment of community members; and 5) allegations of bribery.”

Sought for comment, Ramoncito Gozar, OceanaGold vice president for communications and external affairs, said the company would welcome a CHR investigation. He declined to elaborate.

But quoting her conversation with Stephen Orr, OceanaGold chief executive officer, Martin said he has committed that “the company would be disposed to an independent third party being involved”.

She, however, expressed concern over the company’s existing policy on settling disputes raised by the local community.

“Mr. Orr stated that community members may approach the company’s field office or the local barangay council. However, from my discussions with community members, their interactions with company staff have not engendered a sense of trust which would be necessary to ensure that their concerns would be fairly dealt with,” she said.

“Further, the company has historically ignored the concerns expressed by the barangay council,” Martin added.

The Didipio village council has repeatedly expressed its opposition to the mining project, citing its supposed detrimental effects on the environment and the community.

Campbell slay trial ends; verdict out June 30

BANAUE, Ifugao–The trial of the murder case of US Peace Corps volunteer Julia Campbell ended here Wednesday, exactly one day after her first death anniversary.

Presiding Judge Ester Piscoso-Flor of Regional Trial Court branch 34 gave the prosecution and the defense 30 days to file their memorandum, or a summary of the evidence that they have presented in the case.

She set the issuance of the court’s decision for June 30.

“We are glad that we are on schedule, and we expect to come out with the verdict before the end of June to enable both parties get over with this trial,” Flor said.

Wednesday’s hearing, which lasted for only 10 minutes, capped more than 11 months of trial of one of what could be this mountain town’s most celebrated case–a gruesome killing of a foreigner in a village that draws thousands of tourists every year.

As presentation of evidence for the prosecution and defense is concluded, both panels expressed hope the decision will be in their favor.

Campbell, the 40-year old English teacher then assigned in Albay, disappeared on April 8, 2007 while walking along the mountain trail leading to remote Batad village. Her decomposing body was found 10 days later, buried in a dried up gorge, about 20 meters from the trail.

The main suspect, Juan Donald Duntugan, a 25-year old woodcarver from Batad, admitted to the killing, but claimed that he wrongly clobbered Campbell after he mistook her for a foe from the same neighborhood.

The Campbell slay trial saw a total of 16 witnesses taking the witness stand–15 for the prosecution and one for the defense–in 11 hearings with no postponements.

The trial ended earlier than expected Wednesday as defense lawyers Eugene Balitang and Pedro Mayam-o decided to rest their case after their supposed last witness, Emiliano Blas, Duntugan’s supposed enemy,
failed to appear in court.

“We did not want any more delays, so we decided to wrap it up,” Mayam-o said.

Balitang said Blas would have testified on his long-standing grudge with the accused.

“This led Duntugan to have great fear that when he noticed somebody tailing him that dusk of April 8, he decided to make the first move on him. Sadly, it turned out to be Julia,” he said.

Julia’s mother, Linda Campbell, who flew in from the US for the second time for the hearing, recounted how she memories of her daughter keeps her motivated to move forward with the case, despite all the difficulties.

“I can feel her strength, like she’s telling me to move on. I believe that if the tables were turned, she would be sitting up there (in the courtroom) supporting me,” she said, on the brink of tears.

The mother expressed disappointment that she managed to listen to the testimony of only one defense witness, instead of the five originally listed by the defense panel which included the mother of the accused, Jane Duntugan.

Julia’s fellow journalist and friend for seven years, Catherine Quayle, said while dealing with Campbell’s death was “horrying”, she did not have strong feelings for the confessed killer even after seeing him in the flesh for the first time Tuesday.

“She’s just like a boy. So I want to know what really happened,” she said.

On Tuesday, the defense presented their sole witness, PO3 Arnold Dalluyon, a member of the Ifugao police and an uncle of the accused, who testified on the circumstances surrounding Duntugan’s surrender and subsequent turnover to police authorities.

Lawyer Reynaldo Agranzamendez, private prosecutor, said he was baffled that the defense panel opted not to present Duntugan, who, he said, could have testified on the remorseful feeling that he had after the
killing, as part of his defense.

“He would have been the best person to tell the court how remorseful he is, not the taped interview,” he said, referring to the video clip of Duntugan’s interview with ABS-CBN reporter Jay Ruiz minutes following his
surrender on April 27, 2007.

N. Vizcaya farmers, officials hit diversion of rice funds

BAYOMBONG, Nueva Vizcaya–Officials and residents here have assailed the provincial government for sacrificing funds for a rice program in favor of road construction and a bulldozer.

Documents showed that a P2 million allotment for the province’s rice modernization program has been used to fund farm-to-market roads worth P500,000 and the purchase of a bulldozer for Kasibu town worth P1.5 million.

“This questionable move is highlighted now that the entire country is on the verge of a food crisis. At a time when we were supposed to improve rice production, roads and bulldozers are given priority,” said Board Member Patricio Dumlao Jr.

Farmers here have expressed alarm over the looming decrease of their rice production due to the abandonment by the provincial government of the “grains modernization” program, which has been left with no budget allocation under the 2008 annual investment plan (AIP).

“This is even more worrisome because infrastructure projects and purchase of equipment have long been recorded as a good source of graft and corruption, especially in local governments where monitoring is often weak or even non-existent,” said rice farmer Alejo Rubio, 62.

This writer tried to contact Governor Luisa Cuaresma for comment on Wednesday but a member of her staff, Erdina Dimal, said she was out of her office.

Provincial officials earlier defended the move, saying farm-to-market roads supported the province’s agriculture program.

Dumlao scored provincial officials for sacrificing the program for hybrid rice production, which tops the province’s list of priority projects, to accommodate infrastructure projects that are “unranked” in the AIP.

“This program is a priority of the Department of Agriculture, that it has committed to provide subsidy which is twice the amount presented by the province as counterpart. If we allot P2 million, we could have received a P2-million subsidy as well,” he said.

This subsidy, Dumlao said, is in the form of farm tools and other inputs such as fertilizers and chemicals expected to boost the farmers’ rice production of hybrid rice.

“We need this program because of our aim to increase production to a level near what China has been able to achieve, which is around 250 cavans per hectare, a far cry from our peak of production in the province which is a measly 150 cavans [per hectare],” he said.

“What do we need the roads for when our farmers no longer have produce to bring to the market?” asked Board Member Filma Dulay-Perez.

Dumlao cited circulars from national agencies that development funds of local governments, which are mostly derived from their internal revenue allotment shares, should cater to programs of the national government on food security.

He questioned the proposed purchased of a bulldozer, which, he said, did not have any justification to be needed by the farmers.

Sources in the provincial government, who asked not to be named for fear of reprisal, revealed that officials have been pursuing the purchase of the bulldozer to be used in a road project that had been contracted by a private firm owned by a high-ranking provincial official, through the use of an alleged dummy.

“They like Kasibu very much because it is remote, and away from the eyes of the public and the media,” the source said.