Saturday, March 29, 2014

Tetrad of Lunar Eclipses - Extraordinary series of four Blood Moons

Joel 2:31: “The sun will be turned into darkness, and the moon into blood, before the great and terrible day of the Lord come.”

WATCH: NASA's ScienceCasts - A Tetrad of Lunar Eclipses.

  


On average, lunar eclipses occur about twice a year, but not all of them are total.  There are three types: 

penumbral eclipse is when the Moon passes through the pale outskirts of Earth’s shadow.  It’s so subtle, sky watchers often don’t notice an eclipse is underway.  

partial eclipse is more dramatic.  The Moon dips into the core of Earth’s shadow, but not all the way, so only a fraction of Moon is darkened. 

total eclipse, when the entire Moon is shadowed, is best of all.  The face of the Moon turns sunset-red for up to an hour or more as the eclipse slowly unfolds. 

Usually, lunar eclipses come in no particular order. A partial can be followed by a total, followed by a penumbral, and so on.  Anything goes. Occasionally, though, the sequence is more orderly. When four consecutive lunar eclipses are all total, the series is called a tetrad.

Complete visibility map of the April 15th lunar eclipse.

"During the 21st century, there are 9 sets of tetrads, so I would describe tetrads as a frequent occurrence in the current pattern of lunar eclipses," says Espenak. "But this has not always been the case. During the three hundred year interval from 1600 to 1900, for instance, there were no tetrads at all." 

The April 15th eclipse begins at 2 AM Eastern time when the edge of the Moon first enters the amber core of Earth’s shadow. Totality occurs during a 78 minute interval beginning around 3 o’clock in the morning on the east coast, midnight on the west coast. Weather permitting, the red Moon will be easy to see across the entirety of North America. 

Why red? 

A quick trip to the Moon provides the answer: Imagine yourself standing on a dusty lunar plain looking up at the sky. Overhead hangs Earth, nightside down, completely hiding the sun behind it. The eclipse is underway. 

You might expect Earth seen in this way to be utterly dark, but it's not. The rim of the planet is on fire! As you scan your eye around Earth's circumference, you're seeing every sunrise and every sunset in the world, all of them, all at once. This incredible light beams into the heart of Earth's shadow, filling it with a coppery glow and transforming the Moon into a great red orb. 

Mark your calendar for April 15th and let the tetrad begin. 

More information about the lunar eclipse may be found on NASA's eclipse home page. - NASA.

Friday, March 28, 2014

Mga kasong ipinapabasura muna ng Barrick Gold sa Pilipinas bukod pa sa di katanggap-tanggap na mga kundisyon

Bukod pa sa mga hindi katanggap-tanggap na mga kundisyon sa Statement of Stipulated Facts (SSF)na nakadikit sa proposed settlement sa pagitan ng Provincial Government of Marinduque at Barrick Gold Corp. ay may nailantad pa ring iba pang mga dokumento nitong mga huling araw. Ito ay patungkol naman sa mga kasong naisampa na sa Pilipinas laban sa Placer Dome/Barrick Gold, kasama na rin ang mga usaping may kinalaman sa DENR. 

May mga kundisyon ang kumpanya na dapat anila na iurong ang lahat ng mga kasong ito. Iginigiit ng Barrick Gold ang pagsusumite sa nasabing kumpanya ng mga patunay na ibinasura na nga ang mga kasong ito sa loob ng anim (6) na buwan matapos ang pagsumite sa kanila ng nilagdaang SSF.


Mogpog River, Boac River, Tapian Pit at Makulapnit Dam - ilan lamang sa mga pinsala ng pagmimina sa Marinduque. Image: Google earth 

Ito ang mga kasong tinutukoy ng Barrick Gold, at mga dokumentong responsibilidad ng pamahalaang panlalawigan na iprisinta sa kumpanya:

2.3.1 With respect to the Perilla Action:
(1) a Verified Release Waiver and Quitclaim in the form of Appendix D from each named plaintiff in the Perilla Action; 
(2) proof that a Verified Motion to Dismiss with Prejudice of the Perilla Action in the form set forth in Appendix E has been duly filed with the court before which the Perilla Action is pending; and
(3) an order of the court dismissing the Perilla Action with prejudice pursuant to said motion.

“2.3.2 With respect to the Kalikasan Action: 
(1) a Verified Release Waiver and Quitclaim in the form of Appendix F from each named petitioner in the Kalikasan Action; 
(2) copies of the SSF in the form of Appendix G executed by each named petitioner in the Kalikasan Action; (3) Proof that an Intervenors’ Notice of Withdrawal in the form of Appendix H has been filed with the Supreme Court of the Republic of the Philippines by each of Barangay Labo and San Antonio and has been approved by the Court; 
(4) proof that a Verified Motion to Dismiss with Prejudice the Kalikasan Action in the form of Appendix I, with copy of the SSF as executed by each named petitioner attached, has been filed with the Court; and 
(5) an order by the Supreme Court of the Republic of the Philippines granting said motion with prejudice.

“2.3.3 With respect to the Nevada, Perilla and Kalikasan Actions 
(1) a Sangguniang Panlalawigan Resolution in the form of Appendix J; 
(2) a Sangguniang Bayan Resolution in the form of Appendix K, executed by the Municipalities of Sta. Cruz, Boac and Mogpog;

“2.3.4 With respect to the DENR Matters: a release in the form of Appendix M from the DENR.”

Ipinaalam ng Sangguniang Bayan ng Boac sa Sangguniang Panlalawigan ng Marinduque sa pamamagitan ng Resolution No. 2014-028 ang kanilang pagtutol sa mga kundisyong ito at tahasang sinabi na: 


This Body, cannot by conscience, allow these abusive conditions of simply releasing Barrick of its liabilities and accountabilities and waiving all rights to the people’s, government’s and the province’s claims for all Barrick’s accountabilities and liabilities as cited in various cases, considering the magnitude of impacts and devastation the province had sustained in the series of environmental disasters due to the mining operations.
We believe that in so far as the settlement processes is concerned, we can only allow the Nevada case filed by the Province to be sacrificed, stayed and/or dismissed in favour of any amount of settlement agreement BUT IN NO WAY AND FOR REASONS RELATED TO THE CURRENT STATE AND CONDITIONS OF THE SETTLEMENT NEGOTIATIONS SHALL THE SANGGUIANG BAYAN OF BOAC ALLOW AND CONSENT TO quitclaim, release, discharge and waive any claims, causes of actions, demands, and/or actions of whatever nature, including claims not known or anticipated and that will arise in the future especially those that will be discovered in relation to health safety and general welfare concerns within the areas of Calancan Bay, Mogpog and Boac Rivers specifically in connection with the Perilla Action (2.3.1), Kalikasan Action (2.3.2), the actions and release documents stipulated in 2.3.3 except those for the Nevada Action, and, the DENR Matters (2.3.4).

Makabubuting tanungin kung ano kaya ang magaganap kapag hindi natugunan at naisumite ng pamahalaang panlalawigan ang isa, dalawa, tatlo o higit pa sa mga dokumentong nabanggit sa loob ng nakatakdang panahon na nakasaad sa kontrata. Bukod pa sa katiyakan na hindi mababayaran ni isang kusing ang pamahalaang panlalawigan kapag hindi nito naisumite ang mga dokumentong ito, ay hindi kaya maaaring mangyari na ito pa ang sampahan ng demanda ng kumpanya dahil sa paglabag sa kasunduan?

Tiniyak na ng Pamahalaang Bayan ng Boac na "NO WAY" nitong papayagan o pahihintulutan ang mga hinihinging "quitclaim, release, discharge and waive any claims, causes of actions, demands, and/or actions of whatever nature, including claims not known or anticipated and that will arise in the future especially those that will be discovered in relation to health safety and general welfare concerns within the areas of Calancan Bay, Mogpog and Boac Rivers..." 

Bakit kaya tila sadyang pinapahaba pa rin ang usapan sa kabila ng hayagang deklarasyon ng pagtutol sa settlement ng mga bokal ng pamahalaang panlalawigan sa katatapos lamang na protest rally noong Marso 24, 2014, gayundin ang pagtutol ng pamahalaang bayan ng Boac, Gasan at Buenavista, ng MaCEC, sampu ng lahat ng mga barangay ng Boac? 

Maasahan kaya naman natin na makiaalam na ang Department of Justice sa usaping ito para higit na masuri ang implikasyon ng mga termino at kundisyon at iba pang mga bagay?

Nakasaad din sa Resolution No. 2013-028 ng SB Boac ang ganito:
We believe that it is essential that longer time should be considered in studying every detail of the terms and conditions of the settlement agreement, proper consultation with all stakeholders is conducted and expert advise from local agencies be pursued including but not limited to the Department of Justice, in order to come up with a firm grasp of the implications of the terms and conditions of the said proposed settlement agreement and to come up with a more realistic amount of settlement money that are commensurate to the original prayers (a-h) mentioned in page 20 hereof.
Rally sa Boac, Marso 24, 2014

Marinduque: Wolves in its gateway

by Jun Pasaylo

AS A traveling journalist, there’s no place that captivated the tip of my pen as Marinduque — its enchantment can command the writer’s inspiration within me to chronicle the sweetest embrace of its places and people.
I never wrote (and published) so many stories of places as that of Marinduque since I first visited the place few years ago. Almost all of these stories remain accessible in the Internet via Philippine Star Online Portal, http://www.philstar.com.
But my good memories were tainted by an experience in my recent travel there last weekend.
At Balanacan Port, Mogpog, Marinduque. Photo: Mark Julius Estur
I came from a travel abroad and met my fiancée in Lucena City for her monthly pre-natal check-up. She is six month pregnant. After more than 12 hours in series of laboratory tests and shopping for maternity needs, we managed to catch the 10:30 p.m. Marinduque-bound vessel.
Seeing our cargoes, the porters met and offered us the “Door-to-Door” van service so we would save ourselves from the hassles of unloading-and-onloading when we reach Balanacan Port.
When we met the driver of “Door-to-Door” van (Plate No. 257, Green), I told him I will pay for six seats (we were only three — me, my fiancée, and our housemaid) provided that we will occupy the two seats on the front and the four seats at the back of the driver for our cargoes.
He has no words but, “Yes sir, no problem.” At P450 per head, I paid P2,700 for the six seats.
Leaving our things under the driver’s care and banking my trust to a Marinduqueno, I and my fiancée went upstairs and enjoy the three-hour boat ride from Dalahican Port in Lucena City to Balanacan Port in Marinduque.
But the romanticity of the moonlit evening was short live and turned into a nightmare.
When the Roro vessel positioned to dock Balanacan Port, we slowly squeezed ourselves to the lower deck like all other passengers. When we approached the “Door-to-Door” service, we find our baggage by the floor and not being on-loaded to the van.
While the passengers were busy for disembarkation, the driver attempted to put our cargoes at the back portion of his van, to which I protested because our earlier agreement was for those to be situated on the back of the driver seat.
Worse, when he opened the door of his van and invited us inside, the seats that were promised to us were already occupied and he wanted us (me, my fiancée and our maid) to sit in the back seats.
So I protested not to ride, considering that my pregnant fiancée could not be able to sustain the bumpy ride on the back. By this time, the driver called another man (later I knew him to be certain “Joel” a worker of Philippine Port Authority in Balanacan) and told us that Joel will guide us to a waiting van outside.
Hoping for another vehicle, we went with Joel only to find out that no van is waiting outside but a regular passenger jeepney. I went to the Police station to ask for a rescue, but no officer was awake that time (around 2am). When I went back to the Roro to confront the driver, he and his vehicle were nowhere to be found.
Later, I managed to know that the name of the driver was “Alyas Pahid”.
According to the porters that conversed with me, Alyas Pahid is a notorious scammer of tourists in Marinduque victimizing anyone that come in his way. But he still remains in his ill practice up until today because tourists don’t have time to file formal complaints against him, and authorities have done nothing to stop him.
Porters in Balanacan called him “Pahid” but I named him “Boy Buni” because you can easily identify him on the marks of “bunis” on his hands and face.
Few minutes later, we went back to the police station and managed to log the incident in the Police Blotter of Balanacan Police Station, leaving my number there with a promise from law enforcers that they will exerts all efforts to catch Pahid.
But until this blog is posted, I haven’t get any notice from the police that they intercepted Pahid and his vehicle amid the fact that there are only two entry-and-exit points in the province.
My fiancée has been once a victim to this kind of driver when the barker of “Door-to-Door” service promised that the van will travel up to Torrijos town, only to find out that the driver won’t go to her hometown anymore and left her past midnight at Sta. Cruz Plaza.
I wrote this article to warn tourists to Marinduque to watch for this man. I understood that he has connections because “Joel” himself, the man that brought us to the passenger jeep, has PPA identification in him.
I wrote this article because I pity those people and groups like the Marinduque Tourism Council that tirelessly promoted and trumpeting the havens of Marinduque in the tourism arena, not knowing of these wolves that are drooling to devour innocent victims even before they can set foot in the province.
I wrote this article to call on the attention of Marinduque tourism authorities to address this kind of problem because this is the main thrusts of your local tourism industry, a foremost strand of the province’s economic life.
I recalled my good experiences in the country’s top tourism destinations like Baguio and Davao, where you don’t need an extra tip for drivers but pay the fare according to the taxi meters. I left a DLSR Canon camera in Naga City and it was returned to me. I left a travel bag in a taxi in Legazpi City last December, and I still got it intact when it was returned to me early this month (February). You don’t need to worry to travel to Davao City if it’s your first time — go to the next police station and surely you have a law enforcer to guide you to your destination.
As we masquerade the province of Marinduque – Home of the Moriones Festival – to be on the top of the country’s tourism destination, these are the kind of people that we need to build, and not the kinds of “Pahid”, in the gateways of our localities. Grand Inquisitor
Comment:
Seller Nollos: I think the first thing that the board members has to do in our province is to pass a resolution to control our door-to-door services. We all know that all of these vans are holding a private license plate. Require them to have a franchise if they want to be in that business. Enough is enough for all of these monkey business.

Thursday, March 27, 2014

Marinduque folk rally against mine waste deal

By 

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12:33 am | Wednesday, March 26th, 2014




PROTESTERS from six towns in Marinduque converge at a covered court near the municipal hall of Boac, the town worst hit by the 1996 disaster caused by 200 million tons of mine waste discharged into the Boac River. JOFEL JOYCE LANCION/INQUIRER SOUTHERN LUZON
LUCENA CITY—More than a thousand people held a rally on Monday in Boac, Marinduque province, to protest a $20-million deal being offered to the province  as compensation for the 1996 mine waste spill that killed the Boac River and its tributaries and is considered the country’s worst mining disaster.

Boac Councilor Rolando Larracas, in a phone interview, said the offer was “gravely disadvantageous to the people who have long been suffering from the environment destruction left by their past mining operation.”

The $20 million take-it-or-leave-it package was offered in September 2013 and is way lower than the $100 million claim for damage that Marinduque is demanding from Barrick in a 2006 lawsuit.

Barrick is the global gold-mining firm that purchased Placer Dome Inc., the former parent company of Marcopper Mining Corp. that shut down operations following the mine tailing spill.

In 1996, the plug of the Tapian pit of the Marcopper mine gave way and unleashed approximately 200 million tons of toxic mine tailings into the Boac River.
Nearly 20 years after the disaster, the damaged areas have yet to be fully rehabilitated.

Larracas said the rally started early morning. Protesters came from four assembly points in the town and converged at a covered court at the municipal hall of Boac.
At least 1,000 people attended the rally. “They all came despite the rain,” he said.

On March 10, 2014, the local government of Boac unanimously adopted a resolution authored by Councilor Miguel Magalang objecting to Barrick’s compensation offer.
Aside from Boac, the towns of Gasan and Buenavista, through separate resolutions, called for a renegotiation of the deal, while the rest of the towns in the province—Mogpog, Sta. Cruz and Torrijos—have kept quiet.

On March 8, 2011, the Supreme Court also issued a writ of kalikasan in favor of three residents who sued Placer Dome Inc. and Barrick on behalf of the victims of the mining disaster. With a report from Jofel Joyce Lancion, Newsinfo. Inquirer

Why $20-M with only $13-M (P520-M) going to Marinduque after deducting legal fees is so pathetic; Estimated amount of damages; Tax debts

One of the items in the Statement of Stipulated Facts in the proposed Marinduque-Barrick Gold settlement is the following:   

(xvii) For all legal purposes, the consideration provided to the Province of Marinduque by PDI and Barrick Gold Corporation under the terms of this Settlement Agreement is adequate and reasonable.

"The amount proposed to be conveyed to the province is far too little and abusive of the Province’s goodwill in entering into the mediation process in comparison to the original prayers of the Province" (specified a the bottom of this post). This was contained in the 44-page Resolution No. 2014-028 conveyed by the SB Boac to the provincial government of Marinduque. 

Moreover, the amount offered by Barrick Gold Corporation, the SB stated, is unfair and unacceptable in comparison to the estimated amount of damage claims of the people of Marinduque as culled from the prayers in various administrative, criminal and civil cases lodges in local venues. 

Based on a study entitled: “Marinduque Mining: Elusive Justice, Elusive Development,” by Miguel R. Magalang, Executive Director, MaCEC, 2006, are the following:

NATURE OF DAMAGE CLAIMS
ESTIMATED AMOUNT


a) Claims of the municipal government of Boac integrated in the criminal cases vs. John Loney et al. of Boac integrated in the criminal cases vs. John Loney et al., 1996 filed by the DENR in the Municipal Trial Court of Boac:
Php 1, 234,177,630.00
b) Claims of the municipal government of Boac integrated in the criminal cases vs. John Loney et al. of Boac integrated in the criminal cases vs. John Loney et al., 1996 filed by the DENR in the Municipal Trial Court of Boac:
Php 500,000,000.00
c) Claims of the people of Mogpog in Civil Case, Rita Natal, et al. vs. Marcopper Mining Corporation at the Regional Trial Court of Marinduque:
Php 37,448,425.00


d) Claims of the people of Calancan Bay area in Civil Case, Calancan Bay Fisherfolks’ Association vs. Marcopper Mining Corporation lodged at the Regional Trial Court of Marinduque:
Php 44,720,000,000.00



e) Actual damage compensations received by 5,318 claimants for the year 1996 in an administrative claim lodged at the Boac Environmental Guarantee Fund Committee:
Php 38,452,929.61
f) Actual damage compensations earmarked for 4,225 claimants from Boac for the years 1997-1998 in an administrative claim lodged at the Boac Environmental Guarantee Fund Committee:
Php 50,548,001.00
g) Actual damage compensations earmarked for 1,017 claimants from Mogpog for the years 1997-1998 in an administrative claim lodged at the Mogpog Environmental Guarantee Fund Committee:
Php 13,183,155.00
h) Estimate of damage claims for the years 1999-2001 of the claimants from Boac and Mogpog lodged at the Boac & Mogpog Environmental Guarantee Fund Committee, respectively:
Php 37,500,000.00
TOTAL:  Php 46,631,310,140.61


“Another important concern that MACEC strongly pursues is to find ways and means to compel Marcopper Mining Corporation and Placer Dome, Inc to pay their unpaid real property taxes to the province of Marinduque and the municipalities of Boac, Mogpog, Sta. Cruz and Torrijos which totalled Php 1,048,624,496.80 ($21,773,764.46 at an exchange rate of $1=P48.16) as of the second quarter of 2006.



“This is an extreme insensitivity of a company which amassed billions of dollars in profits and which claims to be a good corporate citizen of the country but neglecting its primary duty to pay legitimate taxes to the government. This is a period when poor Filipinos are trooping the local treasury offices in the country to pay their basic real property taxes. But the mining company which caused destruction to the people’s health and the island’s environment preferred to go to Court to sue the provincial government of Marinduque to question the tax assessment schedule imposed by the local government,” explained Magalang.

According to the records of the Provincial Treasurer of Marinduque officially furnished to MACEC, Marcopper has standing tax debts of PhP1,013,101,529.51 ($21,036,161.32) in the municipality of Sta. Cruz for the period 1980 to 2006Q2; PhP11,164,686.80 ($231,824.89) in the municipality of Torrijos for the period 1983-1996); PhP1,194,977.89 ($24,812.66) in the municipality of Mogpog for the period 1999 to 2006); and, PhP23,163,602.60 ($480,971.81) in the municipality of Boac for the period 1985 to 2006). TOTAL OUTSTANDING TAX DEBTS: PhP 1,048,624,496.80
* * *
Prayers in the case filed by the Marinduque provincial government in the Nevada court: Award of damages for economic, public health injuries and environmental remediation, etc:  
“a. An order of the Court awarding damages for injuries to the natural, ecological, and wildlife resources within the Province and to compensate for the restoration and/or replacement of the natural, ecological, and wildlife resources within the Province, including, without limitations, the rivers, streams, soils, fish, marine life, biota, and related environs within the Province;
“b. An order of the Court awarding damages for the economic and public health injuries sustained by the Province;
“c. An order of the Court directing Placer and Barrick Gold to undertake and complete (and/or pay for the undertaking and completion of) the remediation, environmental cleanup, and balancing of the ecology of the affected areas, including but not limited to, the Tapian Pit, the San Antonio Pit, Calancan Bay, the Mogpog River system, the Boac River System, downstream coastal areas, and the surrounding areas. This environmental cleanup must include, among other things, ensuring potable water in the region and healthy hunting and fishing grounds, the repair of deteriorating mine structures and the Maguila-Guila Dam, and the renovation and rehabilitation of the Tapian Pit, the San Antonio Pit, and other structures;
“d. An order of the Court directing Placer Dome and Barrick Gold to fund all costs needed to adequately conduct environmental monitoring within the Province;
“e. An order of the Court directing Placer Dome and Barrick to fund all costs needed to adequately conduct medical monitoring within the Province;
“f. An award against Placer Dome and Barrick of pre-judgment and post-judgment interest at the maximum rate permitted by contract, law or equity;
“g. An award against Placer Dome and Barrick of the Province’s costs and reasonable attorney fees; and
“h. Such Other and further relief, either equitable or legal, that the Court deems appropria te.”
Source: Plaintiff’s Third Amended Complaint filed on June 29, 2006, was docketed as Provincial Government of Marinduque versus Placer Dome Inc, and Barick Gold Corporation in Case No. CV-S-05-1299-BES-RJJ (removed from District Court, Clark County, Nevada Case No. A511078).
 * * *

The accidental discharge at Padcal mine in Benguet:

The amount proposed by Barrick is far too little in comparison to the administrative fines imposed on Philex Mining in the Philippines by DENR even if the accidental discharge of sediments of the mine’s dam was due to typhoons, viz:

“The DENR affirmed on Thursday (November 2012), the P1 billion fine imposed against the Philex Mining Corp for the alleged tailings pond breach at the Padcal mine in Benguet.
“This was announced today by Environment Secretary Ramon Paje. The firm was given 45 days to pay its obligations. The issue stemmed from the August 1 accidental discharge of sediments due to heavy rains from typhoons Ferdie and Gener.”
Source: DENR affirms P1-B penalty vs Philex Mining by Ira Pedrasa, ABS-CBNnews


Wednesday, March 26, 2014

Sharing something staggeringly stunning!


"Pleiades" by the Japanese troupe 'Enra'. This dance with light has been described as "staggeringly beautiful", "simply magical", "visually stunning and mesmerizing".
After director Noboyuki Hanabusa wowed the Olympic Committee with "Fuma-Kai" he brought this fantastic piece of work. 
While Hanabusa handled the music and directing, he wasn't alone in making this magical piece. The routine was performed and choreographed by Saya Watatani and Maki Yokoyama, and the animation done by Seiya Ishii. 

Tuesday, March 25, 2014

Marinduque marks 18th year of Marcopper toxic-mine spill

Business Mirror


                                                                EIGHTEEN years ago today, a tailings dam of Marcopper Mining Corp. collapsed and spilled millions of liters of mine waste into the Boac River, severely affecting the livelihood of the residents, especially farmers and fishermen who depended on the river’s bounty for their livelihood. 
To this day, the river is classified as “biologically dead.”
Almost two decades after the environmental disaster killed the Boac River, the people of Marinduque continue to demand justice and reparation for the victims of the Marcopper toxic-mine tragedy.

Organized by the local government leaders of Boac with the Marinduque Council for Environmental Concerns (MaCEC), residents walked toward the Boac River on Monday to offer flowers to the Boac River, their way of condemning the irresponsibility of the mining companies that operate the mines. 
They specifically condemned Marcopper Mining Corp., Placer Dome and Barrick Gold for allegedly refusing to accept responsibility for the disaster, which, they said, has brought misery to the people whose lives depended largely on the Boac River.
“No rehabilitation was done so that mine tailings continue to be in the river until they have mixed up with the water and sand,” MaCEC Executive Secretary Elizabeth “Beth” Manggol said.

MaCEC is a church-based and multi-sectoral non-governmental organization in Marinduque founded in July 1996 to address issues related to mining and disasters.
Manggol cited the many tragedies caused by Marcopper since it started operations.
First, she said, was the use of Calancan Bay as tailings pond from 1975 to 1991; second, the December 1993 collapse of the Maguil-guila siltation dam that killed two children in Mogpog and flooded the areas; and third, the March 1996 collapse of the Marcopper tailings dam.
The mine is inactive, but it is yet to be fully decommissioned and rehabilitated.
In 2005 the local government filed a case against Placer Dome in the United States, but nothing has happened since.
Last year its owner, Barrick Gold, offered a $20-million settlement with a condition that the petitioners, including Philippines government agencies, waive their accountabilities and responsibilities with regard to the disaster.
“The fourth tragedy is the Nevada case proposed settlement.  Is it practical for the local government to accept the offer of Barrick Gold and carry the burden of rehabilitating the area and arresting all damage that may be caused by the abandoned mines? If this happens, the responsibilities of Marcopper, Placer Dome and Barrick Gold will be passed on to the government. This will result in a conflict between affected communities and the government,” Manggol said. - Business Mirror

Post from Board Member Adeline 'Lyn' Angeles on the Marinduque Nevada Case




 TANONG & SAGOT (Q&A) TUNGKOL SA MARINDUQUE NEVADA CASE (PART 1)
Q: Ano ang Nevada Case?
S: Ito ay ang kasong isinampa sa United States noong 2005 ng Prov'l Gov't of Marinduque (PGM) vs. Placer Dome Inc. (PDI) at Barrick Gold Corp para sa mga naging epekto sa kalikasan, kalusugan at buhay ng mga Marinduqueno bunga ng maraming taong operasyon ng Marcopper Mining Corp sa lalawigan.
Q: Bakit Placer Dome (PDI) & Barrick Gold ang dinemanda?
A: Sapagkat ang PDI na isang Canadian transnational company ay dating may-ari ng Marcopper na nabili naman ng Barrick Gold na isa ring Canadian Corp.
Q: Bakit sa US isinampa ang kaso gayong ang inirereklamo ay Canadian Companies at sa Pilipinas naman naganap ang inirereklamong operasyon at epekto ng pagmimina?
A: Naniniwala kase ang PGM noon na mas makakakuha ng balanse/favorable decision sa US courts kesa sa korte ng Canada lalo na at Canadian company ang nirereklamo. Kung sa korte naman sa Pilipinas, inisip na baka mahirapan din sapagkat wala na sa Pilipinas ang Placer Dome hindi kagaya sa Nevada, USA kung saan naroon ang malaking mining operation ng Barrick.
Q: Sino ang abogado/firm na kinuha ng Prov'l Gov't para sa kaso on "contingency arrangement"?
A: Diamond McCarthy Law Firm at Special Outside Counsel Walter J. Skipp Scott. Dahil "contingency arrangement", wala munang binabayaran ang probinsya sa abogado.
Q: Paano napasok ang isyu ng Settlement?
A: Ayon sa dokumento/report ng External Counsel na inindorso ng Gob. Carmencita Reyes sa Sangg. Panlalawigan dated Sept. 30, 2013, lumalabas na ang lalawigan through Atty. Scott ay nagsimulang pumasok sa isang proseso ng International Mediation/mediated settlement discussions mahigit 2 taon na ang nakakaraan para sa posibleng out of court settlement ng kaso.
Q: Ano ang resulta ng nasabing mediation process?
A: Isang Proposed Settlement Agreement o mungkahing kasunduan sa pagitan ng Provincial Government at ng Barrick Gold Corp. Ito ay inindorso ng Gobernadora sa Sangg. Panlalawigan upang i-accept in principle subject to incorporation of certain changes, sa kanyang communication to the SP dated Sept 30, 2013.
BM Lyn Angeles with some plaintiffs in cases filed in the Philippines against the mining companies.
Q: Ano ang naging initial action ng Sangg. Panlalawigan tungkol dito?
Noong Oktubre 2013, ipinasa ng Sangg. Panlalawigan ang SP Resolution 111 s. 2013 entitled " Resolution Expressing the Interest and Willingness of the Province of Marinduque to Re-Negotiate the Terms and Conditions of the Proposed Settlement Agreement with Barrick Gold Corp in Connection with the Case No. A511078 Filed in the Disttict Court of Nrvada, USA".
Q: Ano naman ang tinatawag na Amended Proposed Settlement Agreement?
A: Ito ay ang amended version ng proposed agreement na inindorso ng Tanggapan ng Gobernador sa Sangg. Panlalawigan noong Nobyembre 2013 (1 month after the SP Res. 111 s 2013 was adopted) na naglalaman ng ilang amended provisions.
Boac residents with delegations from the other five municipalities
of Mogpog, Gasan, Buenavista, Torrijos and Sta. Cruz during the commemoration of the 18h anniversary of the Marcopper mining tragedy, March 24, 2014
 Sa simpleng salita, ano ang 2 panig/ pananaw (broad insights) tungkol dito base sa resulta ng ilang pulong/consultation?
1) Ayaw ang Proposed Settlement Agreement
Reason: naniniwalang hindi katanggap-tanggap ang mga terms & conditions (unacceptable, very disadvantageous to the prov, LGUs & mamamayang Marinduquenos sa kasalukuyan & sa hinaharap; hindi rin katanggap-tanggap ang form at settlement structure na hindi paborable sa lalawigan.
(Note: nangunguna ang Pamahalaang Bayan at mga barangay ng Boac, MACEC at ilang CSOs sa pagpapahayag ng kahalintulad na posisyon. Sumuporta din sa posisyong ito ang Pamahalaang Bayan ng Gasan at Buenavista. Ang detalyadong pagpapaliwanag tugkol dito sa PART 2 ng Q&A na ito)
2) Gusto ang Settlement Offer.
Reason: naniniwalang sa kabila daw ng mga conditiones at limitasyon ng proposed settlement offer ay dapat pa ring tanggapin ang offer sapagkat sayang din daw ang $20M na bagamat di pwedeng gamitin sa environmental rehab ay pwedeng gamitin sa mga development projects.
Note: ganito ang posisyon ng dating myembro ng Labor Union ng Marcopper lead by Mr. Boyet Molbog. More discussion on these sa Part 2 ng Q&A
Q: Ano ang status ngayon ng amended Proposed Agreement?
A: Ito ay naka-refer sa SP Committee of the Whole na binubuo ng lahat ng myembro ng Sanggunian.
A: May 2 proposed Resolution din ngayon sa SP na naka-refer din sa Committee of the Whole. Ito ay:
1) Proposed Resolution Accepting the $20M Settlement Offer of Barrick Gold Corp. Subject to the Revision, Amendment, and/or Refinement of the Terms & Conditions of the Settlement Agreement which the Province will Provide in the Form of Counter Proposal.
2) Proposed Resolution Manifesting Interest of the Provl Govt of Marinduque to Continously Engage the Mediation Process but Laying Down the Non-Negotiable Conditions/Positions of the Province.
(Ang 2nd proposed resolution pong ito ay ako, BM Lyn Angeles ang may akda)
NOTE: PARA PO SA MAS DETALYADONG PAGPAPALIWANAG NG HULING DALAWANG TANONG AT SAGOT, SUNDAN PO ANG PART 2 NG Q&A NA ITO.
SANA PO'Y MAKATULONG ITO PARA SA MEANINGFUL AND SUBSTANTIAL STAKEHOLDERS' DISCUSSION AT MAG-RESULTA NG ISANG INFORMED DECISION-MAKING ON THE ISSUE.
Miserere Nobis!
Prepared by:
BOKAL LYN ANGELES
Chair, SP Committee on Human Rights
BM Lyn Angeles, MaCEC's Beth Manggol with some stakeholders
during yesterday's Boac River mine spill commemoration 

Monday, March 24, 2014

18th anniversary of Boac River disaster commemorated: Marinduqueños still demand justice

Boac, Marinduque— Marinduqueños continue to demand for justice and reparation for the victims of the Marcopper toxic mine tragedy that killed Boac River.

Boac barangay officials and residents converge at the Boac Covered Court for today's commemoration of the 18th anniversary of the Marcopper mining disaster.
Organized by the local government leaders of Boac with the Marinduque Council for Environmental Concerns (MaCEC), residents walked towards the Boac River to offer flowers and continued with a short program condemning the irresponsibility of involved mining companies—Marcopper Mining Corp, Placer Dome and Barrick Gold (Placer Dome is now owned by Barrick Gold).

It was exactly 18 years ago today when a drainage tunnel from the Tapian Pit used by Marcopper mine for mine waste disposal collapsed and left the Boac River biologically dead. This affected the livelihood of farmers, fisher folks, clothes washers and other members of the community dependent on traditional use of the river.




MaCEC Executive Secretary Elizabeth “Beth” Manggol said: Walang nangyaring rehabilitasyon-kaya’t ang mga basurang-mina ay nanatiling nakatambak sa ilog, hanggang sa tuluyan na itong mahalo at mabaon sa buhangin.” (No rehabilitation was done so tha mine tailings continue to be in the river until it has mixed up with the water and sand.)

MaCEC cited the many tragedies caused by Marcopper since it started operations: first, the use of Calancan Bay as tailings pond since 1975-1991; second, the December 1993 collapse of the Maguil-guila siltation dam that killed two children in Mogpog and flooded the areas; and third, the March 1996 collapse of Marcopper tailings dam. The mine is inactive but is yet to be fully decommissioned and rehabilitated.

In 2005, the local government filed a case against Placer Dome in the United States but nothing has happened since. Last year, its owner Barrick Gold offered a US$ 20-million settlement with a set of conditions that includes Philippine government agencies, having to waive the company's accountabilities and responsibilities in relation to the disaster. 
 
Barangay leaders publicly sign Manifesto in support of the Sangguniang Bayan of Boac Resolution No., 2014-028 and in rejection of Barrick Gold 'unacceptable conditions'


Manggol emphasized: “The fourth tragedy is the Nevada case proposed settlement! Praktikal ba na kapag tinanggap ng pamahalang panlalawigan ang alok ng Barrick ay sila na ang mananagot sa lahat ng mga nabanggit na trahedya at mga paghahabol kung may maging  pinsala na maaring mangyari sa hinaharap, kapag nawasak ang mga abandonadong estruktura ng minahan at marami ang namatay praktikal ba na sila na rin ang mananagot? 

"Ang suwerte naman ng mga kumpanyang ito malilinis ang kanilang pangalan at mapapasa sa pamahalaan ang responsiblidad. Kapag nangyari ito sa halip na ang Marcopper, Placer Dome at Barrick Gold ang hinahabol natin, ang pamahalaan na ang hahabulin natin, ang mag-aaway na ay ang mga tao at ang pamahalaan”, Manggol said. (Is it practical for the local government to accept the offer of Barrick Gold and carry the burden of rehabilitating the area and arresting all damages that may be caused by the abandoned mines? If this happens, the responsibilities of Marcopper, Placer Dome and Barrick Gold will be passed on to the government—this will result in a conflict between affected communities and the government.)

In the end, the petitioners and the people are united in their position to not accept the settlement offer by Barrick Gold and that they will never waive their cases. MaCEC


"Kami ang mamamayang Marinduqueno na sumusuporta sa mga kundisyong inihain ng Sangguniang Bayan ng Boac na nasasaad sa SB Resolution No. 2014-028 hinggil sa nararapat na mga kundisyon sa sistema ng pagbabayad ng kompensasyon para sa mga mamamayang naapektuan ng pagkalason ng Ilog Boac noong Marso 24, 1996 at mahigpit naming tinututulan ang kundisyong inihain ng Barrick Gold (Placer Dome) sa Lalawigan ng Marinduque na tinuturing naming hindi katanggap-tanggap para sa mamamayan ng buong lalawigan ng Marinduque . - Nilagdaan ngayong Marso 24, 2014 sa Boac, Marinduque.
 --
MaCEC is a church-based and multi-sectoral NGO in Marinduque founded in July 1996 to address issues related to mining and disasters.


Showering a river with love flowers

Viewing the river from a bridge as it rained

Prayers for enlightenment 

They came with umbrellas
Flowers for the historic River

They came wearing black

Myke M signing

Board Member Adeline 'Lyn' Angeles

Tao Muna Hindi Mina!

Konsehal Myke Magalang

A Boac resident signing

Boac Mayor Roberto Madla signing the manifesto

PASASALAMAT NI MAYOR ROBERTO M. MADLA SA IKA-18 ANIBERSARYO NG BOAC RIVER MINING DISASTER OF 1996


· Taken at Boac, Marinduque
MARSO 24, 2014: Maraming salamat po sa mga mamamayang Boakenyo at mga delegasyon mula sa limang (5) bayan ng Marinduque sa inyong pakikiisa sa ating paggunita sa ika-18 taon ng Boac River Disaster. Salamat po sa ating matatag na pagkakaisang itakwil at tutulan ang mga hindi makatarungang kundisyong inihain ng Barrick Gold sa kritikal na usapin ng Nevada Case Settlement Agreement. Ang pamahalaang bayan ng Boac, kasama ang mga Konsehal ng Sangguniang Bayan, sa aking pangunguna ay tuloy-tuloy na magbabantay at tututulan ang mapaniil na prosesong ito ng settlement. Hindi tayo mga pulubing maninikluhod ng limos mula sa mayamang minahan. Tayong mga mamamayan ng Islang ito na may dignidad at paninindingang naniningil ng kanilang inutang na responsibilidad!!! Mabuhay ang marangal na lahing Boakenyo at Marindukenyo!
The Boac after the toxic mine spill 

Also read:

Boac River mine spill commemoration; How's the river now?; Flashback