Seized Surigao mining firm’s vehicles worth more than P3-M now impounded at Hall of Justice yard
by Ben Serrano
November 12, 2010
BUTUAN CITY (PNA) -All three luxury vehicles temporarily confiscated by court sheriffs are now safely impounded at the Hall of Justice yard here, the Court Sheriff official report said.
In a three pages official report dated November 6, 2010 signed by Sheriffs Emmanuel Abad, Teddy G. Reyes, Johnson T. Pamador and Angel C. Ancheta, Jr. of the Regional Trial Court Branch 3 of Butuan City submitted to the court and counsels of parties concerned that all seized vehicles are now in safe custody of the court at Hall of Justice compound here.
The two SUV vehicles which were earlier allegedly donated by the mining firm to the Mamanwa tribes were, as per sheriff’s report showed, two units of Toyota Hi-lux Double Cab pick ups, all latest models D4D, with plate numbers, KEE 231 and KEF 221.
Earlier, the tribes were proudly publicly announcing and even issued press releases that Taganito Mining gave them SUV service vehicles but it was later found out that registrations of said vehicles showed it is still owned by the mining firm.
The report claimed that aside from confiscating three SUV vehicles whose certificate of registrations except for the Hyundai Van were named under Taganito Mining Corporation (TMC) whose mining plant is located in Taganito, Claver, Surigao del Norte, said Sheriffs who also issued Notice of Garnishment to bank accounts of Mamanwa Tribal Datus Emiliano Gede, Reynante Buklas, Dodoy Bago and Alicia Patac.
The bank accounts were reportedly deposited at the Land Bank of the Philippines Surigao City Branch and Cantilan Bank Claver, Surigao del Norte Branch had the total deposited money before of about P54-M more or less, the court said.
The signatories of the LBP account were Datu Emiliano Gede, Dodoy Bago, Alicia Patac and NCIP-Surigao del Norte OIC Provincial Officer Vicente Baldoza, the court found out.
But when the Court’s Sheriffs went to Land Bank of the Philippines Surigao City Branch to implement the court’s order last November 5, 2010, the amount garnished was only P 33,295.25, the Sheriff’s official report furnished to this writer claimed.
The funds deposited in said bank accounts were reportedly proceeds of the one percent royalty fees/share of the Mamanwa tribes whose ancestral lands were being mined by Taganito Mining Corporation for many years now
The Indigenous People’s shares were derived from the gross mining proceeds were legally enshrined at both Mining Act and Indigenous People’s Rights Act or IPRA Law.
In early 2006, said Mamanwa tribes with the help of National Commission on the Indigenous People (NCIP) signed an agreement with Taganito Mining Company that Taganito will pay the Mamanwa tribes for their ancestral domain used a P500,000 yearly royalty fees.
With the help of Caraga Indigenous People’s Management and Development Corporation (CIPMAD) headed by Engineer Sergio Pascual, the tribes filed nullification of the agreement and cases before the Ombudsman saying they were not fully explained well or they were allegedly duped when they signed the P500,000 a year royalty fee agreement.
The tribes with their leaders which includes Datus Reynante Buklas, Alfredo Olorico claimed that had it not with the CIPMAD’s help to empower them on their rights that they should received 1% to 1.5% from mining proceeds not merely P500,000.00 per year, they could have remained blinded of the truth.
But Datu Reynaldo Buklas and some other tribesmen who signed legal agreement. contract with CIPMAD parted ways and allegedly sided with mining firm Taganito Mining Corporation, Engineer Pascual complained.
The mining firm, Pascual alleged, give Buklas and his tribal members vehicles, money and other privileges without giving same privileges and opportunities to other tribal members.
Thus, in 2008, CIPMAD was forced to file before the Regional Trial Court Branch 3 “Breach of Contract, Accounting, Damages and Specific Performance with Ex-Parte Application for a Writ of Preliminary Attachment, Etc.” against Buklas and others.
Court ordered garnishment of bank accounts, properties
Finding sufficient ground to issue Writ on the complaints of Pascual, CIPMAD,last October 15, 2010, RTC Presiding Judge Francisco Maclang of Butuan City RTC Branch 3 in two pages order ordered garnishment through Writ of Preliminary Attachments “as much as properties” of the defendants Datu Reynante Buklas, Datu Alfredo Olorico, Emiliano Gede, Dodoy Bago, Alicia Patac and acting NCIP Regional Director for Caraga Region Atty. Jose “Jake” Dumagan, Jr.
The court order also ordered garnishment of properties of Taganito Mining Corporation represented by its President Gerard H. Brimo.
The writ also includes garnishment of bank accounts of defendants Datu Reynante Buklas, Datu Alfredo Olorico, Emiliano Gede, Dodoy Bago, Alicia Patac and acting NCIP Regional Director for Caraga Region Atty. Jose “Jake” Dumagan, Jr. deposited at the Cantilan Bank Claver Branch in Claver, Surigao del Norte.
In the three pages Sheriff’s official report, it did not stated however on whether properties of Dumagan and Taganito Mining Corporation represented by its President Gerard H. Brimo were garnished or not.(PNA/Ben Serrano)