12 Sibuyan anti-mining advocates subpoenaed over July protest

CALAPAN CITY— Twelve community members in Sibuyan Island have received subpoenas from the Office of the Provincial Prosecutor of Romblon over criminal complaints filed by an employee of Altai Philippines Mining Corp. (APMC) over their July 6 protest against the proposed mining project.

The Barikada ng Mamamayan ng Sibuyan said on Thursday that the complaints filed by APMC employee Luilyn P. Viñas accuse their members of grave threats, unjust vexation, and light coercion.

The respondents were directed to submit their counter-affidavits and supporting evidence as part of the preliminary investigation, according to the group.

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READ: 30 Sibuyan anti-mining advocates referred for barangay conciliation

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Barikada said it expected that more community members could still receive subpoenas over the same complaints.

The group said this development does not constitute guilt, and that prosecutors still have to evaluate the allegations based on the evidence and applicable law.

“Twelve members of our community have received subpoenas so far, and we expect that more may still be served,” Barikada said in a statement.

It said legal assistance had been arranged for the respondents. 

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Barikada also said it would examine whether the complaints could fall under the Strategic Lawsuit Against Public Participation (SLAPP) provisions of the Rules of Procedure for Environmental Cases.

READ: House probe sought into Altai Mining operations in Sibuyan Island

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Under the Supreme Court’s environmental rules, a SLAPP is a malicious legal action intended to harass, vex, exert undue pressure, or stifle legal recourse involving the enforcement of environmental laws, protection of the environment, or assertion of environmental rights.

The July 6 protest took place while the Sangguniang Bayan of San Fernando was considering APMC’s request for a municipal endorsement of its proposed mining project, according to Barikada.

The group said the circumstances surrounding the protest would form part of the respondents’ evidence in answering the complaints.

The Commission on Human Rights has previously called for the protection of environmental defenders, noting that they may face harassment and attacks while exercising their rights to freedom of speech, association and assembly.

The CHR has also said human rights defenders should be able to carry out their work without fear and that protection of civic participation is important to a democratic society.

Barikada said it would continue supporting the respondents while asserting what it described as the right of Sibuyan residents to participate peacefully in decisions affecting the island’s environment and future.

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“The right of communities to speak, assemble, protest peacefully, petition government, and defend their environment is part of democratic participation and human rights,” the group said./coa