A COPY of the court order directing a company to temporarily halt quarrying activities in Minglanilla, Cebu. (Ben Cabrido Jr. FB)
CEBU CITY – People of a barangay in Minglanilla, Cebu scored an important victory in their fight against a company they blamed for ground cracks in their area.
The Regional Trial Court (RTC) Branch 76 in Naga City, Cebu has issued an ex-parte Temporary Environmental Protection Order (TEPO) against Jomara Konstruckt and Jomara Agri Foods.
According to the legal counsel of the residents, Ben Cabrido Jr., the TEPO is good for 72 hours.
The order directed Jomara to immediately cease and desist from quarrying activities in Barangay Guindarohan.
The court action follows mounting concerns from residents against visible cracks formed on the earth’s surface in the area, raising risks of landslides.
The residents said the cracks endangered the safety of families in Sitio Napo. The residents said the filed a citizen suit “for themselves” and “for generations yet unborn.”
In its order, the court emphasized the urgency of the situation, stating that failure to grant the TEPO would expose the petitioners to “grave injustice and irreparable injury.” It further noted that continued excavation and quarrying operations could worsen ground conditions in the area.
“The court is highly convinced that the presence of the families in the area while the excavation and quarrying subsist creates immediate and imminent threats to health and life,” the order stated. “These families, which include children and the elderly, remain at grave risk of death from the high probability of landslides in the area,” the order added.
With the issuance of the TEPO, Jomara Konstruckt and Jomara Agri Foods were ordered to halt all quarrying, excavation, and removal of soil in Guindarohan. They were also directed to stop land clearing, tree cutting, and the operation of motor pool facilities and heavy equipment that may contribute to slope destabilization and ground vibration.
A hearing on the matter is scheduled for May 6 before Presiding Judge Dennis C. Larrobis, where further arguments and evidence will be presented to determine the next course of action.