To All,
My random comments on the June 5 statement of Fenway.
1. Fenway has been selective at best on what it will disclose both to the VSE and its investors. It made a big announcement about the endorsement made on the project by the PCSD on November 16 and interpreted the action to mean that the ECC will be automatically granted by the DENR. It makes such claims even until now. What Fenway did not explain was the fact that the November 15 resolution was NEVER ratified by the PCSD during its succeeding meeting as has been its practice (queer as it is). As it stands now, there is no assurance even from the PCSD that the project is already approved.
2. If the PCSD really endorsed the project through the November 15 resolution, why hasn't it forwarded the resolution to the DENR so that the DENR can now "physically" issue the ECC. PCSD hasn't issued anything and is not about to. This has already been made clear by the PCSD chairman, Gov. Socrates, to Mr. Wilson when he attended the first public hearing on the project early this year. With the submission of the EIS, the PCSD next step will be to call for a series of public hearings on the EIS.
3 Fenway is in possession of a letter by DENR acting secretary Virgilio Marcelo in January 1996 explaining that even if the PCSD endorses the project, the ECC is not automatically granted by the DENR. Since this is a crucial piece of information, albeit contrary to Fenway's expectations, this matter should have been publicized. As it was ignoring the DENR position, Fenway was continually harping on the claim that the PCSD had "authorized" the DENR to issue an ECC.
4. Fenway continues to mislead the public by claiming that it is "generally understood" that the DENR merely physically issues an ECC in the case of projects located in Palawan because of RA 7611. This interpretation is the sole invention of Fenway and is not generally understood. Even the PCSD secretariat, through Mrs. Linda Bacosa, has clarified that this is not the arrangement between the DENR and PCSD (the statement of PCSD to this effect is somewhere in the back issues of the Palawan Sun).
5. Another letter, addressed to GAIA South (Fenway's local environmental consultants), rejected both the invitations to join the scoping session and the submission of the draft environmental impact statement (EIS) on the grounds that the project conflicts with certain environmental laws applicable to Palawan. This, too, was kept from the public by Fenway.
6. Fenway is saying that it obtained a legal opinion that the PCSD issues the ECC and the DENR merely follows the instruction of the PCSD to physically issue the ECC. Mr. Wilson did not state where on earth did he get his legal opinion? I'm sure its neither from the PCSD, the DENR or from the Department of Justice. It is Fenway's self-serving interpretation.
7. The fact is that Congressman Alfredo Abueg, vice chairman of the PSCD and an obvious partner in the cement project, is pushing for Fenway's legal interpretation. But his position is not shared by the PCSD as a body. If Fenway wants to clarify this, it should go to the justice department and ask for a specific opinion.
8. I am flattered that Fenway uses me as an alibi to explain why it did not disclose the PCSD's instruction to enter into a MOA with the Domadoway Foundation before the project is given the go signal. Fenway says it decided to wait and see because it suspected that I was in a "dialogue" with the cement manufacturers and "opponents" of the project. However, I fail to grasp the logic of Fenway's statement. It is clear in the Philippine mining law that the project should have "social acceptability", which in this case means that the Domadoway people should first conform with it. Whatever I do, Fenway should know it has to address the issue of the Domadoway.
9. Yes I was in a "dialogue" with cement manufacturers (and they are laughing at Fenway's feasibility study) since I was writing for BusinessWorld, a national business paper, and my own weekly paper. I was also in dialogue with the shorters and the bears. I am in dialogue with everyone except with Mr. Wilson who refused to be interviewed by me. That's how I found a lot of things about the project.
10. If Fenway is now contesting the legal existence of the Domadoway, even insinuating that the tribe is a fake, why did it have to manufacture those documents supposedly signed by Tito Mata and other tribal leaders in favor of the project? Why did Fenway have to make a major announcement that Tito Mata's group have already consented to the project?
11. Now that it has become clear to Fenway that the Domadoway will not relent on its opposition, it has resorted to mudslinging and squid tactics. I don't think people are so dense not to notice Fenway's inconsistency here.
12. Fenway blames its delisting on the Bre-X syndrome. If this is true, I think the VSE acted appropriately and averted what could have been another embarrassment on the Canadian mining industry. The Senate is poised to conduct a public inquiry on the actuation of the PCSD about this project. There are already strong evidence that certain political leaders in the province may have given undue favors to Fenway and a scandal is about to break. The investors of Fenway are being taken for a ride by the company with its dubious claims and unfounded reports. You had another scandal in the making and the VSE was right in nipping it in the bud.
P.S. I forgot to add that Fenway also lied when it announced early on that the proposed project site is in a declared special economic zone. There is no declared economic zone in any part of Palawan.
I received numerous e-mail inquiries about the locally publicized reports that my Associate Editor in Palawan Sun has received death threats from local people in connection with the cement project. While we have taken the necessary precaution to protect our people who are only practicing their profession, we would like to assure those concerned that this threat has been contained. We hope, at least.
It is also not true that Palawan Sun has stopped publishing. We simply forgot to update our web site because of organizational/financial difficulties. We are now regularly updating our site and we have collected enough subscriptions to last for at least another three months.
Redempto Anda
Editor, Palawan Sun |
