ITOGON, Benguet – Contending parties to an environment case filed before La Trinidad-based court a joint motion to dismiss the said case following the earlier agreed settlement of their respective claims in an effort to preserve peace in the community, court records reveal.
In a joint motion to dismiss filed before the Regional Trial Court (RTC) Branch 59 in La Trinidad, the complainants and the respondents, through their respective counsels, assured the court that the said motion is submitted in good faith not to delay the proceedings but solely due to the purposes stipulated in their agreement.
Earlier, the heirs of Bruno Saguidic and heirs of Eduardo Busoy filed an environmental case against Macawiwili Gold Mining and Development Co., Inc. (MGMDCI), haling in the process Philex Mining Corporation (PMC), its drilling contractor, for the restoration of ecosystem, issuance of Permanent Environmental Protection Order and damages for violation of Republic Act (RA) 8371 or the Indigenous Peoples Rights Act (IPRA), RA 11038, RA 7942 or the Philippine Mining Act and Presidential Decree (PD) 705 or the Forestry Reform code of the Philippines and other related environmental laws with prayer for the issuance of an environmental protection order.
The joint motion stated that upon the evaluation of the settlement offer, the heirs of Saguidic and heirs of Busoy, through their duly authorized representatives, agreed and decided to accept the offer.
On November 15, 2023, the heirs of Busoy, through their authorized representative, Mr. Rodel O. Busoy, upon full payment of the settlement offer freely, voluntarily and intelligently executed a waiver and quitclaim where they affirmed their decision to accept the settlement offer and agreed to no longer pursue and dismiss the case against the MGMDCI and its contractor PMC.
Subsequently, on November 29, 2023, the heirs of Saguidic, through their authorized representative, Mr. Mark A. Caslangan, upon full payment of the settlement offer, likewise, freely, voluntarily and intelligently executed a waiver and quitclaim affirming their decision to accept the same and their agreement to no longer pursue and dismiss the case against the respondents.
By virtue of the settlement offer and the subsequent acceptance and execution of the waiver and quitclaim, through their respective representatives, the complainants and the respondents jointly moved for the admission and approval of the aforesaid waiver and quitclaim and issuance of an order directing the dismissal of the case with prejudice.
Moreover, the complainants and the respondents submitted that the amicable settlement of claims is pursuant with Section 10, Rule 3 of AM No. 09-6-8-SC otherwise known as the rules of procedure for environmental cases.
More importantly, the complainants and the respondents confirmed that each of them had faithfully complied with their respective obligations by virtue of the settlement offer.
The settlement accepted by the complainants allowed the respondents to pursue and continue their exploration activities within barangay Ampucao without any further disturbance of the aforesaid activities that will be undertaken by the companies and their contractors. By Dexter A. See