Court issues TRO vs Lepanto rallyists

By Marionne Marie G. Molintas-Ruiz

MANKAYAN, Benguet --  A 20 day temporary restraining order (TRO)was issued by the Regional Trial Court, Branch 64 of Abatan in Benguet against rallyists of the Lepanto Consolidated Mining Company (LCMC) here for them to stop protest actions against the company. 

           

The order was directed to Larry Bestoca, Alex Dapiawen, among others and served by Sheriff Jess Anthony Caramto Friday morning at the barricaded area.

The complaint was filed by the LCMC represented by its vice president and resident manager, Magellan G. Bagayao.

 Summons and notices of hearing for the issuance of a TRO was served to the defendants last May 23.

The sheriff’s report stated that, “While the summons and notices were received by the defendants, with the exception of Jerome Campos who was reportedly out of the country, only Alex Dapiawen acknowledged the receipt of the said documents. All the other defendants refused to acknowledge receipt of said processes.”

Seeing the tense situation in the area, the sheriff requested for the assistance and presence of the local police when he goes to serve the TRO.

Sheriff Caramto and the Mankayan Chief of Police William Willie, approached the picketers to explain the order.

However, the picketers reportedly remained defiant and stated that they will stand their ground.

The explanation and serving of the order took several hours. The local police and the sheriff left the area after peacefully serving the notice.

Presiding judge Agapito Laoagan ruled in his order: “Finding that the plaintiff (LCMC) will suffer grave and irreparable injuries, before the matter of preliminary injunction will be heard on notice and pursuant to applicable Rules of Civil Procedure, the defendants and all persons acting in their behalf are ordered to stop and desist from: blocking the roads going to the properties of Lepanto located at sitioMadaymen; to stop and desist from performing acts that would unjustly restrain and/or deprive Lepanto and its employees from exercising their right to fence or enclose the subject properties; and also to stop and desist from converging, camping, picketing and installing any and all forms of barricade (human and otherwise) in roads leading to the properties that tend to block, close or constrict the ingress and egress depriving Lepanto of their right to exercise its ownership and perform its lawful business therein within 20 days from the receipt of the TRO.” 

Meanwhile, a preliminary hearing of the preliminary injunction was set on June 11 at the Abatan RTC.

Following this development, FSE released a statement saying that they will continue to observe and abide by the rule of law. “We do not want anyone physically hurt from these procedures. We are hoping that the picketers would also heed the orders and decisions of the courts.”

 Earlier a 20 day TRO was issued against the FSE by the NCIP and FSE management respected the order voluntarily stopping the drilling prior to the issuance of the TRO from the NCIP.

The FSE project where partners Lepanto (60%) and Gold Fields (40%) is the company conducting the geo technical drilling at sitio Madaymen in Mankayan where a picket has been ongoing for several months now.