Act on San Miguel row now

Letter

(The following is an Aug. 31 letter sent to Mayor Oscar Moreno, city police director Senior Supt. Faro Antonio Olaguera, and Edwin Dael, officer in charge of the City Local Environment and Natural Resources Office.)

THIS is an an emergency and urgent matter which we, as counsel for the San Miguel Village residents at Lapasan, Cagayan de Oro, wish to bring to your attention for prompt  or pre-emptive action.

It has come to the attention of our clients, based on reliable information, that tomorrow morning or early in the morning or even tonight, about 10 backhoes supported by hundreds of security guards under the employ of the Mindanao Health Care Corporation, would again conduct an illegal quarrying operation so that the road leading to San Miguel Village would be totally erased or excavated so as to render useless the plan to expropriate the road which the City Council has unanimously approved and for which budget has been allocated by the city government.

As you know, a stoppage order had been issued by the City Mayor, Oscar Moreno and the OIC of Clenro, Mr. Edwin Dael, commanding the Mindanao Health Care Corporation, “to cease and desist from engaging in any Earth Moving Operation” since there is no quarry permit or authority for the same and that said “operations would severely hamper the soil integrity of the area and would pose safety and hazard concerns among the residents and the immediate area.” Copy of the Stoppage Order is respectfully attached as Annex A.

Also attached herewith are the Resolutions and budget appropriations as approved by the city officials, showing the need to maintain the integrity of the road so the proper road construction and expropriation can be effected for the public interest and general welfare.

It has also come to the knowledge of our clients that the illegal moves or plans are being undertaken at the instance not only of Mindanao Health Care, but also at the instance of Filinvest and Limketkai who would want to build an integrated subdivision/condominium area or enclave for the rich and privileged—to the prejudice and detriment of the general public who pass by the road and the area and the residents of San Miguel Village whose houses overlook Oasis and the Limketkai area. This plan would be insidious, devious, and disastrous to the general welfare which no civilized society or institution or government should tolerate.

Our clients will stage a massive protest and boycott campaign against the companies and the financial institutions allied with them, if and when, such an evil plan will be undertaken. We are thus requesting the authorities, your good offices especially, to please intervene and stop any such repetition of the illegal quarrying should it proceed anytime now.

We would also be constrained to bring the matter to the attention of the national and local mass media, the Ombudsman, the higher police authorities, and the legislature for investigation. Furthermore, should our clients observe that government and its functionaries would abandon them in their times of need, then, they will be forced to avail of their right to self-defense and defense of property pursuant to the Civil Code and Revised Penal Code provisions.

Hoping for your positive and urgent action in this regard. ––Evangeline Tadlas-Carrasco, legal counsel