From the inbox comes this SOS from fellow health and environment advocate Golly Ramos. We wish her only the best in this face-off with a powerful opponent. This blogger will continue to post developments as this case unfolds. Go Golly!
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Hello, my dearest co-advocates and fighters for good governance,
Today is supposed to be the day that Cebu Governor Gwendolyn Garcia will file a criminal case for malicious prosecution against me. She plans to run as a Senator in the 2013 elections.
Last Friday, we, advocates and affected fisherfolk, filed administrative and criminal actions against the Governor, mayor of the municipality of Cordova, officials of the DENR and DILG for failure to perform their duties, including violations of our environmental rights and right to public participation, and undertaking and allowing an illegal reclamation projects, among other laws.
Our original plan was to file a petition for a writ of kalikasan as the project would impact diverse and abundant sea grass, corals, and mangroves ecosystems, which will be destroyed and affect the livelihood not just in cordova but also in the cities of Cebu, Mandaue, Talisay and even Consolacion. while in the process of collating the data, we requested the DILG to investigate the actions that led to the implementation of the reclamation projects. The DILG officials refused. Thus, we had no choice but to file the cases last Friday.
Last Saturday, my three co-complainants who are among the affected fisherfolk in the reclamation project, were asked to see the mayor through the former Chief of Police and the tanods. One, out of fear, went and was asked questions, the answers to which he lied because he was scared. But, he subsequently issued an Affidavit to spell out the truth.
Meanwhile,and understandably, the Governor is angry. She was the respondent in the case for Environmental Protection to stop the indiscriminate dumping of coal ash. The green court stopped the dumping of the coal ash through a Temporary Environmental Protection Order and prevented the dumping in the Balili beach front property, which her administration bought, amid issues that it is land of the public domain and that several hectares are actually underwater. She also pushed for the offshore drilling in Tanons Strait Protected Seascape, which eventually was elevated as a case filed in behalf of the fisherfolk and the whales and dolphins, before the Supreme Court in 2007. still pending.
We also sent various Notice to Sue to her and local chief executives for violations of the Ecological Solid Waste Management Law and the Clean Air Act, which contain anti SLAPP provisions. we called her attention to the non implementation of the Clean Water Act as well. The cases are yet to be filed, however, as we focus on equally pressing environmental issues.
We have also filed administrative case for her failure to deliver the requested documents on the controversial Balili case.Because of our initiatives, there was an investigation and the Balili case became a fodder in Cebu for news and commentaries for almost a year. It led to the filing of a corruption case in the Ombudsman, now in the table of Ombudsman Morales,
The former Ombudsman Gutierrez, two days before she resigned, dismissed our case. When we appealed to the Supreme Court last year, it was dismissed with unprecedented speed - within two days from filing. (This was before the TRO issued to GMA). So, we chose not to make an MR and it became final.
While I still have to receive the Governor's affidavit complaint, I am preparing for my defense. It is a harassment case, pure and simple. But, I need to present my "credentials" as an environmental law educator and advocate. I would very much appreciate your help in coming up with a signed letter or manifesto regarding my contributions in promoting rights of women and children and our rights to health, environment and public participation.
We are coming up with FAQs soon, we also need your skills and respective networks to lay the groundwork to call for a moratorium on reclamation projects nationwide.
I was also among those who shared inputs in the crafting of the Environmental Rules. I am so glad that the provision is a shining armor and a shield against harassment from public officials, for the defenders of human rights and nature.
This case is a test if our institutions are strong enough to stand behind Law, HUMAN RIGHTS, Justice and of course Nature.
What is happening is so fitting for the 2012 celebration of Women's Month: "Women Weathering Climate Change: Governance and Accountability, Everyone’s Responsibility.”
Thanks so much for your help and prayers.
Golly
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