Court dimisses TRO vs Gwen’s EO suspending quarry operations in Naga

Local

THE Regional Trial Court (RTC) Branch 9 in Cebu City has dismissed a petition for injunction and a temporary restraining order (TRO) filed by Apo Land and Quarry Corporation (ALQC) against Cebu Governor Gwendolyn Garcia’s Executive Order (EO) No. 22.

The EO, which took effect on December 3, temporarily halts ALQC’s quarry operations in Naga City for 30 days to facilitate an environmental assessment.

Presiding Judge Alexander Acosta dismissed the case on Wednesday, December 11, following ALQC’s decision to withdraw its petition. This development came after a speech by Garcia during the hearing, where she advocated for the safety of thousands of residents living near the quarry sites.

“I ask of this honorable court: help me in protecting existing communities near the quarry sites. They have no voice. Who will stand up for them?” Garcia said according to a Sugbo News report.

Garcia personally appeared in court and requested permission to address the court on behalf of affected communities in Naga City. Speaking for over 25 minutes, she emphasized the potential risks of continued quarry operations, referencing the 2018 landslide in Barangay Tina-an that claimed 77 lives and destroyed several homes.

She appealed to the court to assist in protecting communities near the quarry sites, stating that these residents had no voice and needed someone to stand up for them.

The governor’s EO directs ALQC to cease all earth-moving activities within its Mineral Production Sharing Agreement (MPSA) areas for a month and mandates an environmental audit, comprehensive area risk assessment, and determination of the MPSA areas’ carrying capacity.

Garcia underscored that ALQC operates in areas with significant geohazards, citing findings by the Mines and Geosciences Bureau (MGB) of loose soil and subterranean ponds within the MPSA area.

She raised concerns about the potential for another tragedy if safety precautions were not enforced.

ALQC’s legal counsel informed the court of the company’s decision to withdraw its petition, prompting Judge Acosta to dismiss the case. Garcia described the petition filing as an act of bad faith, noting that both parties had been in discussions to find a mutually beneficial resolution.

In a meeting after the hearing, streamed via Sugbo News, Garcia confronted ALQC and Cemex Philippines officials about the timing of the petition. She characterized the action as "backstabbing" and reiterated her commitment to prioritizing the welfare of Cebu’s residents.

Luis Franco, President and CEO of Cemex Holdings Philippines, apologized to the governor for what he described as unfortunate timing and assured her of the company’s intention to continue negotiations.

Garcia clarified that the EO’s purpose was not to permanently shut down ALQC’s operations but to enforce measures ensuring the safety of surrounding communities.

She proposed creating buffer zones to limit quarrying near populated areas.

She added her intention to foster a business-friendly environment in Cebu but stressed that this should not come at the expense of public safety.

The court proceedings highlighted broader concerns over environmental sustainability and human safety in mining operations. ALQC supplies limestone, clay, and greywacke to Cemex Philippines, a major cement manufacturer. The EO’s implementation disrupted operations, leading to market concerns over cement supply and prices.

However, Garcia emphasized that public safety should take precedence over business interests, framing the issue as an environmental concern with the potential for human disaster.(MyTVCebu)