Police justify arrest of anti-mining protesters in Mati City
POLICE deployed in Barangay Macambol, Mati City, (Contributed photo)
DAVAO CITY – The Davao Oriental Police Provincial Office has justified the arrest of residents protesting against a mining firm in Mati City.
In a statement, the DOPPO said that they acted on the request of Barangay Macambol Captain Cerino Salazar who alleged that they barricaded the portion of the road that links Barangay Macambol proper and interior areas from June 26 to 28.
Police added that the operation on June 28 was necessary since their action was illegal and posed a threat to the security of the public.
On June 26, members of the Davao Oriental Pujada Landscape Eco Tourism Association, Farmer, Fisherfolks, Family, and Friends (DAPUPLETA F4) built a bamboo pole barricade on the road to protest the alleged inaction of government agencies and mining firm on their complaint on the damages to their livelihood due to an alleged landslide from the mine site of Hallmark Mining Corp.
According to the group, heavy rains in January 2024 reportedly triggered landslides in the mine site and resulted in a mudflow towards the fishing grounds in adjacent Pujada Bay.
Fisherfolks have been complaining that most of their fish traps have reportedly been swathed by mud, according to the group.
Glocelity Jayma, the group’s counsel, chided the police for arresting his clients, saying that the barricaded portion of the road sits within the private property owned by Claridel dela Cruz Cellona.
Jayma said his clients presented a certified true copy of the title when Salazar and dozens of heavily-armed police officers led by DOPPO chief Police Col. Julius Silagan arrived.
However, Salazar and the police ignored the villagers’ request for a dialogue, he added.
After a standoff, Salazar and the police dismantled the barricade and arrested Cellona, Bryan Codilla, and Donars Narisma.
Jayma said that the group allowed most motorists, except for the vehicles owned by Hallmark Mining Corp., from passing through the access road.
DOPPO justified the road clearing, saying that it was based on a barangay resolution and Department of Interior and Local Government Memorandum Circular No. 2024-053 which mandates the barangays to conduct road clearing operations.
“The resolution mandates the immediate removal of unauthorized barricades along the provincial road in Sitio Casinihan in Barangay Macambol,” DOPPO said.
Police added that the barricade, especially on provincial roads, was a violation of local and national laws.
Lawmen also said that the barricade was considered as “a nuisance as any act, omission, establishment, business, condition of property, or anything else that injures or endangers health or safety, annoys or offends the senses, shocks or disregards decency or morality, obstructs free passage, or impairs the use of property” based on the Article 694 of the Civil Code of the Philippines.
Police said that the warrantless arrest was proper, citing “in flagrante delicto.”
DOPPO said the road is not a part of a private property and Cellona does not possess any land title.
Cellona, Codilla, and Narisma were charged with resistance and disobedience to persons in authority before the Office of City Prosecutor in Mati City.
Jayma said they have been released after posting a bail of P3,500 each.
The lawyer said that Salazar and barangay officials failed to present any proof that the access road is part of a provincial road or that portion of the road had been donated or turned over to the barangay.
Even as the road has been used by the public for a long time, it remains part of the private property because the road or the land was not expropriated, he said.
“One of those arrested, Bryan Codilla, was arrested because he was recording the incident thru video. There was no crime committed. The other one was just sitting and watching the incident and just informing the police that the land is privately owned,” Jayma said.
He added that landowners have been protesting since January this year but the mining firm did not heed their appeal.
Codilla said that amid the incident, they are still open to dialogue with the mining company to resolve the issue.
Among the requests that they made was the repair of the portion of the road inside the private property.
Hallmark Mining Corp. operates a nickel mining project with a Mineral Sharing Production Agreement (MPSA) covering 5,000 hectares in the slopes of Mount Hamiguitan Range and Wildlife Sanctuary.
The mining firm has yet to release a statement about the incident as of posting time.
Jayma said that his clients are considering filing appropriate charges against barangay officials and police officers involved in the incident.