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Agham Party list urges CA to reverse junking of writ of kalikasan plea vs. Zambales mining firm

MANILA, Jan. 28 — The Agham Party-List on Wednesday asked the Court of Appeals (CA) to reverse its ruling that dismissed the writ of kalikasan petition which they filed against the operation of a mining company in Zambales province.

The case involves the mining operations of the DMCI Holdings Inc. (DMCI-HI) and DMCI Mining Corp. (DMCI-MC).

The Agham Party-List alleged that DMCI-HI flattened a mountain in Barangay Bolitoc, Sta. Cruz, Zambales, as well as dumped the “extracted soil from the mountain” into the sea.

In their motion for reconsideration, the party-list group urged the CA’s Eighth Division to reverse its ruling on Dec. 27, 2014 dismissing their petition.

The petitioner claimed that contrary to the decision of the CA, they were able to present the violations of environmental laws made by DMCI-HI and DMCI-MC.

They cited the DMCI-HI and DMCI-MC’s lack of “valid permit” for the flattening of a mountain in Barangay Bolitoc.

The petitioner said that they clearly pointed out during the hearing at the CA the failure of the firms to secure a “Foreshore Lease Agreement” from the government, which is necessary for mining operations.

According to the Agham Party-List, the lack of “Foreshore Lease Agreement” is a violation of Commonwealth Act No. 141 or the “Public Land Act”.

They also expressed their apprehension that the residents of Zambales may also suffer the tragedy experienced by the residents of Tacloban City from the effects of Typhoon Yolanda because DMCI-HI flattened the mountain which serves as a “natural protective barrier” of some towns in Zambales from the strong waves of sea waters. (PNA)

RMA/PTR/EDS

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