The tribal funds ordered frozen formed part of the royalty payment paid by Taganito Mining Corp. (TMC) operating within the Mamanwa ancestral domain areas.
The court also ordered contesting or affected parties like Caraga Indigenous People’s Management and Development Corp., headed by Engr. Sergio Pascual, NCIP through Baldoza, Buklas and Patac, TMC to submit simultaneously memorandum until Monday, Oct. 18, to support their respective positions on the issue raised.
Maclang in his October 18 court order said, “Finding the grounds relief upon by plaintiffs (Caraga Indigenous People’s Management and Development Corp., headed by Engr. Sergio Pascual) application in the issuance of Writ of Preliminary Attachment is found meritorious and inconformity with section1, rue 57 of the Rules of Court”.
Maclang however also ordered the plaintiffs to put up required bond as required by law afterwhich a Writ of Preliminary Attachments against defendants be issued.
It can be recalled that sometime in 2008, Mamanwa tribal leaders Buklas and Datu Alfredo Olorico signed a memorandum of agreement or entered into a legal contract with CIPMDC headed by Pascual, for a management and consulting services.
The two tribal leaders, with the help of Pascual, filed several complaints against NCIP, mining firms including Bureau of Mines of why they only got P500,000 a year in royalty payment, representing the one percent from gross mining income as share of the lumads from mining operations in their ancestral lands.
Buklas and Olorico complained they were not fully aware of the P500,000 a year agreement as this was not fully explained to them even allegedly by the NCIP, which supposedly a government agency tasked to coordinate in protecting their rights as indigenous people.
Buklas parted ways with Pascual with only Olorico left continuing asking services and assistance, including financial, medical and other assistance from Pascual in pursuing cases against mining firms operating within Mamanwa ancestral domain.
NCIP offices here alleged the Mamanwas themselves ousted Datu Alfredo Olorico as one of their leader.
Pascual and Olorico complained that Buklas group eventually sided with mining firms, thus receiving millions of pesos royalty fees and other assistance while Olorico received nothing.
This writer tried to reach or contact NCIP Caraga regional director Jake Dumagan to get his side through his mobile phone several times but to no avail.
This writer also tried to reach Baldoza and TMC but also to no avail. (-30-)
In : Ben Serrano