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Penro to issue cease and desist order vs Maasin LGU

The Provincial Environment and Natural Resources Office (Penro) is preparing a “cease and desist” order against the local government of Maasin, Iloilo for refusing to stop its illegal quarry operations despite several warnings from the agency.

Penro head Soledad Sucaldito said they have received several complaints about the LGU’s quarry operations along Tigum River. Their team has also gathered pieces of evidence from their recent investigation, she said.

Sucaldito cited several violations made by the LGU.

First, their permit to operate has expired in 2010.

Second, they LGU has failed to secure its government gratuitous permit from the Penro as a prerequisite of any government entity/ instrumentality for the extraction of certain minerals for government projects. 

The last gratuitous permit issued to them was in 1999-2000.

Third, since the LGU’s extractions of sand and gravel are within the distance of one kilometer of the Tigum River, it violated Republic Act No. 7942 or Philippine Mining Act of 1995. The Act states that extraction or removal of materials shall not be allowed within the distance of one kilometer from the boundaries of reservoirs established for public water supply, archeological and historical sites, or of public or private works or structures, unless prior clearance of the agency or owner concerned is obtained. 

Even if the extractions are for government projects, the Maasin LGU is not exempted from the law, Sucaldito said.

A report was submitted to Gov. Arthur Defensor Sr. and was forwarded to the Penro for its immediate action.

The News Today has secured a copy of the complaint signed by three witnesses. Attached to it are photos of a payloader loading extracted materials to dumptrucks within one kilometer radius of the bridge that connects Barangays Naslo and Caigon and another bridge that connects Barangays Agrocel and Tubang.

The complainants said that Mayor Mariano Malones Sr’s statement that the extractions were done 2.5 kilometers away from the river is not true.

They also revealed that it is an “open secret” in their town that illegal commercial quarrying operations are conducted in Barangays Mab-riz, Agrocel, Naslo, Caigon, and Mandog by people close to the mayor. 

“His claim that no commercial quarrying is conducted in our town is an outright lie. He surely knows that there are two persons, Madoginog and Anico who were granted quarry permits in our town,” the complainants said. 

Sucaldito said the LGU will be meted with an administrative fine of P 5,000 and Department of Environment and Natural resources (DENR) fee of P 50,000 for quarrying without permit and for not having an Environmental Compliance Certificate (ECC). The personnel involved in the extractions will also be arrested.

Earlier, Maasin’s Municipal Administrator Cresencio Manejar said that they already stopped their quarry operations pending approval of their permit from the Penro.

However, the Penro clarified that the LGU has no pending permit in their office.*

 

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