Duterte: Special Treatment in De Lima Arrest (time of arrest, place of arrest, place of confinement or jail)

Bagamat dapat pantaypantay lahat ng mga mamamayan sa harap ng batas, si Senadora Leila De Lima ay nakukuha ang gusto niya sa pamamaraan ng kanyang pagkaaresto. Nuong nakauwi na siya sa kanyang bahay, nalaman niya na ang CIDG arresting team ay papunta na sa kanyang subdivision. Dalidali naman siyang bumalik sa Senado sapagkat hindi naman daw magandang itsura na sa bahay niya siya arestuhin. Nuong pumunta naman ang mga pulis na dala ang  arrest warrant para sa Senadora sa Senado, sinabi naman niya na sa pagsikat na lang daw ng araw siya dakipin sapagkat hindi raw siya kampante makuha habang madilim pa (mga hatinggabi iyon). Ngayong hindi pa rin siya sumusuko o hinuhuli, pumapalag naman siya sa kanyang paglalagyan sapagkat ayaw naman niya sa compound ng Philippine National Police dahil daw maraming nakakulong doon na siya ang nagsampa ng mga kaso. Kung siya ang pipili doon niya gusto sa AFP headquarters sa Camp Aguinaldo, katapat ng Camp Crame kung saan siya dapat dalhin. Mala telenovela ang mga pangyayari ngunit ang pagtataray ni De Lima ay nagdudulot ng resulta kung saan humihingi siya ng simpatya mula sa publiko, ang tanong na lang ay kung may magpapapaniwala pa sa mga drama niya. Sa kabilang banada ang mga kaaway niya ay lalo lang nagngingitngit sa mga pinaggagagawa niyang pagikot sa batas. Umaasa ang marami na kapag nakakulong na si De Lima, level up na ang buhay niya sapagkat sa korte na siya maaring magpaliwanag sa halip ng sa press con.    

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Muntinlupa court orders arrest of De Lima

By: Tetch Torres-Tupas – Reporter / @T2TupasINQ
INQUIRER.net / 04:11 PM February 23, 2017
Muntinlupa Regional Trial Court (Branch 204) Executive Judge Juanita T. Guerrero has ordered the arrest of Senator Leila de Lima.

De Lima is facing a case for violation of Section 5 (sale) in relation to Section 3 (jj trading), Section 26 (b ) and Section 28 or the criminal liability of government officials and employees of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.

“After a careful evaluation of the herein Information and all the evidence presented during the preliminary investigation conducted in this case by the Department of Justice, the Court finds sufficient probable cause for the issuance of warrants of arrest,” the court’s order stated.

Section 3 (jj) refers to the transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices or acting as a broker in any of such transactions.

Section 26 (b) on the other hand refers to the sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical.

Muntinlupa RTC Branch 204 is handling Criminal Case No. 17-165. In this case, aside from De Lima, her co-accused include former driver and boyfriend Ronnie Dayan and former Bureau of Corrections (BuCor) officer-in-charge and National Bureau of Investigation Deputy Director Rafael Ragos. Dayan was allegedly her bagman while Ragos said  they delivered millions of pesos to De Lima’s house.

The Senator has two other similar cases pending before two other branches of the Muntinlupa Regional Trial Court. CDG/rga
#DeLima #Duterte #Kulong #WarOnDrugs #DugLordProtector

 

Duterte: De Lima calls for EDSA 4 People Power to topple Duterte Administration

Nananawagan na si Senadora Leila De Lima sa Gabinete ni Pangulong Duterte at sa taumbayan upang itakwil at IBAGSAK na ang Pamahalaan ni Digong. Nagpapaalala si DOJ Secretary Aguirre na labag na sa batas ang mga kilos at pananalita ni De Lima.

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Aguirre: De Lima committed inciting to sedition with tirade vs. Duterte

 

Justice Secretary Vitaliano Aguirre II on Tuesday accused Senator Leila de Lima of committing a criminal act for calling on Filipinos to resist the “repressive” regime of President Rodrigo Duterte.

“Just a piece of unsolicited advice to her, from someone she referred to as a mediocre lawyer, she should be careful about her statements, she was already inciting to sedition earlier,” Aguirre said.

The Cabinet official issued the response after De Lima delivered scathing remarks against Duterte and his government, whom she accused of filing trumped up charges of drug trading as a consequence of criticizing the President’s anti-drug war.

In her speech, De Lima recalled how Filipinos banded together to end the dictatorial rule of former President Ferdinand Marcos, who was removed through the People Power Revolution nearly 31 years ago.

The senator then called on the public to stand up and speak out against Duterte, whom she described as a “sociopathic serial killer” and “dictator.”

“Mahigit tatlong dekada na ang nakalipas mula noong huli nating ipakita sa sarili natin at sa buong mundo sa lansangan ng EDSA, na kahit ang kamaong bakal ng diktadurya ay walang binatbat laban sa pinagkaisang lakas at adhikain ng sambayanan. Ngayon ay panahon na naman upang tayo ay manindigan at tumayo sa harap ng isa pang kriminal na diktador at rehimeng mapaniil,” De Lima said.

“Ipaglaban natin ang ating mga karapatan, ipaglaban natin ang hustisya, ipaglaban natin ang demokrasya.”

Article 139 of the Revised Penal Code defines sedition as an act committed by persons “who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods” such as preventing the national government from freely exercising its functions.

Inciting people to sedition, meanwhile, is committed through speeches, proclamations, writings, emblems, cartoons, banners and other similar representations.

Any person found guilty of inciting to sedition may suffer a jail term of six months and one day to six years and pay a fine of P2,000.

During the Marcos regime, inciting to sedition was punishable with death before his successor, then-President Corazon Aquino, restored the original penalties in 1987.

Meanwhile, Aguirre said De Lima should just face the three drug cases — all in relation to her alleged participation in the New Bilibid Prison drug trade — in court.

“I just try to understand where Senator de Lima is coming from. She is under a lot of pressure lately. People in her situation can easily make accusations unfounded they may be. I try my best to understand her. All I can do now is to pray for her,” Aguirre said.

“As a former Secretary of Justice, Senator De Lima should know that the real battle is in the courts. She should do the fighting there, answer all the charges against her there and present credible evidence in her defense there and not in a press conference,” he added.

Solicitor General Jose Calida, who once called De Lima “public enemy number one” for her alleged involvement in illegal drugs, offered the same advice.

“My unsolicited advice to her is: face the charges with equanimity and dignity befitting a senator,” he said.

Calida also asked De Lima to “stop acting like a vacuous victim and crybaby.” — MDM, GMA News

Duterte: Philippine Daily Inquirer nagunguna sa PAGBANAT sa DENR at Secretary Gina Lopez. MINING COMPANY OWNER asawa ang PDI OWNER.

Huwag na po kayo magtaka kung bakit ONE-SIDED ang mga artikulo ng PDI pabor sa MAPANIRANG MINING COMPANIES. Una, pansinin ninyo na hindi sinaad ang pananaw ni Secretary Lopez at ng DENR. Pangalawa, dahil mayari ng mining company at tagapagsalita ng industriya ng minahan ay asawa naman ng mayari ng PDI, dapat may tinatawag na FULL DISCLOSURE kung saan isusulat ang relasyon ng dalawa para makita ng mga babasa ng pahayagan at malaman nila kung saan nanggagaling ang galit at suklam ng pagkasulat ng istorya. Ang PDI ay matinding kumalaban sa kandidatura ni dating Mayor Duterte nuong 2016 sa Presidential campaign. Patuloy ang pagtuligsa ng PDI kay Presidente Duterte sa maraming isyu katulad ng War on Drugs, Death Penalty at Mining.

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Industry outraged over cancellation of 75 mining deals
Threat to $22B worth of projects

By: Ronnel W. Domingo
Philippine Daily Inquirer  February 16, 2017
Mining companies voiced outrage on Wednesday over Environment Secretary Gina Lopez’s decision to cancel 75 mining contracts, days after she ordered 23 mines shut and five other suspended.

The Chamber of Mines of the Philippines said it would fight Lopez’s decision, warning it threatened $22 billion worth of projects.

The contracts are for projects in the pipeline but are not yet operating.

“She’s out to kill the industry. We do not see a future for us under her,” said Ronald Recidoro, the chamber’s vice president for legal and policy affairs.

Lopez’s decision has put the government at risk of spending “several billions of dollars” in taxpayer money should the mining companies go to court and sue for full reimbursement of their investments, according to Dante Bravo, president of Global Ferronickel Holdings Inc. and its subsidiary, Platinum Group Metals Corp.

“Under the law, there is an investment guarantee,” Bravo told a news forum in Quezon City on Wednesday. “Congress will have to pass a law to pay for this damage or for the return of investment for all the mining companies affected.” —WITH A REPORT FROM AFP

 

Duterte: Mga DILAWAN kikilos para sa MUSCLE FLEXING, DESTABILIZATION at posibleng PEOPLE POWER

Gagamtin ng pwersang DILAWAN ang EDSA 1 People Power anniversary celebration para makapagpakita ng lakas nila sa paramihan ng mga tagasuporta. Maguumpisa sila sa Febrero 18 sa EDSA at umaasa na dagsain sila ng mga tao. Kasama sa dadalo sa DILAWANG PAGKILOS ay ang Liberal Party, mga tagasuporta ng dating Aquino Administration, ang Simbahang Katolika at mga hakot na popondohan ng mga NARCOPOLITICIANS. May sinasabi ring grupo na magmumula sa kapulisan at miilitar. Ang magigiging slogan nila ay WALK FOR LIFE na patungkol sa buhay ng mga taong nasawi sa WAR ON DRUGS na pinatutupad ng Duterte Administration. Pagtutol din ito laban sa panukalang batas upang ibalik ang DEATH PENALTY sa ating bansa. Ang SHOW of FORCE na ito ay parte ng DESTABILIZATION CAMPAIGN laban kay Pangulong Duterte. Kung sakaling maging matagumpay ang huling araw sa Febrero 25, maari ding magtagal pa ito para maging PEOPLE POWER. Kung sa pananaw ng mga nagpaplanong maghasik ng gulo na hindi mainit ang pagtanggap ng taumbayan sa planong patumbahin ang kasalukuyang pamahalaan, tatapusin na nila ang pagkilos sa takdang arawpnoy-people-power-handa.   #Duterte #Pnoy #EDSA1 #WarOnDrugs #LiberalParty #PeoplePower

Duterte: DENR chief cancels 75 mining contracts

MANILA, Philippines – Seventy-five more mining contracts have been cancelled in an intensified government crackdown on mines deemed destructive to watersheds.

The cancelled contracts – representing almost a third of the country’s contracts for undeveloped mines – include the $5.9-billion Tampakan gold and copper project in South Cotabato, potentially the country’s biggest foreign investment and believed to be one of the largest gold prospects in the world.

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Department of Environment and Natural resources (DENR) Secretary Regina Lopez said she had to order the cancellation of the contracts because they were all in watershed zones and could endanger the water supply. The latest canceled contracts cover projects still in the exploration stage or otherwise not yet in production.

The move turns up the heat in her battle with the mining sector after she ordered the closure of 23 of the country’s 41 mines earlier this month on environmental grounds, causing an outcry among the industry and threats of legal action.

“You kill the watershed, you kill life,” Lopez said at a media briefing.

A long-time environmentalist, Lopez ordered the closure of the 23 mines on Feb. 2 for damaging watersheds and for siltation of coastal waters and farmlands. Five other mines were suspended.

The industry, represented by the Chamber of Mines of the Philippines (COMP), said the orders will affect 1.2 million people.

The contracts cancelled were mineral production sharing agreements (MPSA). Also affected by Lopez’s latest move was the $1.2-billion copper-gold project of Philex Mining Corp., one of the country’s biggest miners, in Mindanao.

In a statement, Philex said none of the areas covered by its Silangan Mining MPSA is located in a proclaimed watershed forest reserve where mining is prohibited. “Silangan Mining is therefore confident that its MPSA is valid and can withstand any legal challenge,” Philex said.

It added Silangan Mining secured its MPSA from the government “only after a thorough review process by all relevant government agencies and the endorsement of the host communities and local government units.”

Tampakan, meanwhile, failed to take off after the province where it is located banned open-pit mining in 2010, prompting commodities giant Glencore Plc to quit the project in 2015.

“We’re cancelling this as a gift of love to the people of Cotabato,” Lopez said.

There are currently 311 MPSAs including those for the 41 operating mines, government data showed.

“They were given MPSAs but after evaluation, we want to cancel it. Their MPSAs were given before my time and they are in watershed areas, how can I say yes? We can never benefit from those,” Lopez said.

“It’s the duty of the government to look after the people. We cannot say that their (investors) money is more important than the lives of the people,” Lopez said.

“If they want to invest here and rape the country, then I prefer them to go away. I’d prefer them to just go somewhere else, not here. We only want investments that will benefit us,” she added.

Lopez also disputed the ability of the country’s courts to halt her closure orders as affected miners prepare to take legal action.

“There is no TRO (temporary restraining order) that holds function in the case of environment enforcement,” she said.

“We would have suffered the food basket of Mindanao for nothing? Is it worth it? It’s not even an economic problem, it’s a peace issue. No wonder Mindanao cannot achieve peace, it is being ravaged,” the environment chief added.

The Tampakan project is an open pit mine the size of 700 football fields on top of agricultural lands.

As soon as she assumed the top DENR post, Lopez vowed to never allow Tampakan mine operations to proceed.

The DENR said the Department of Agrarian Reform has issued certificates of land ownership award (CLOA) to 3,000 families inhabiting the area where Tampakan’s open pit mine is to be located.

Operator Sagittarius Mines Inc. (SMI) has secured a declaration of mining feasibility and is a few steps closer to full operations. The Tampakan mine development had been targeted for operations next year.

Tampakan is estimated to contain 2.94 billion tons of mineral resources – 15 million tons of copper and 18 million ounces of gold.

The prospective mine is projected to produce 375,000 tons of copper and 360,000 ounces of gold per year in the initial mine-life of 17 years, with potential for mine-life extension.

The project site has an area of around 10,000 hectares covering Tampakan, South Cotabato, Columbio in Sultan Kudarat, Kiblawan in Davao del Sur and Malungon in Sarangani. The value of the mine’s production is estimated at $37 billion over a period of 20 years.

“DENR approved 37 MPSAs to do open pit mining in Mindanao. If mining is so good and done so well then why are  the poorest areas there?” Lopez said.

In Davao region alone, MPSAs ordered cancelled were those of Alsons Development and Investment Co. Inc., King Eagle Exploration and Mining Corp., Dabawenyo Minerals Corp., Phil. Youbang Mining International Corp., Sinophil Mining and Trading Corp., Core Mining Corp., Ore-East Mining Co. Inc. and Napnapan Mineral Resources Inc.

Despite outrage and legal threats from the mining industry, Lopez appears unfazed.

“The mining companies have accused me of bias. And I admit, I do (have biases) and these are healthy biases, for social justice and the common good,” she said.

Lopez has failed to get the nod of the Commission of Appointments (CA) but has been re-appointed by President Duterte.

“Mining money funds political campaigns and there are mining supporters in the Congress and Senate. I will not stop doing the right thing just to please the CA. Let the dice fall where it may,” she said.

Absurd

COMP lawyer Ronald Recidoro said Lopez’s latest action was “absurd” and ignored due process, given MPSAs were contracts between the government and the companies.

“You cannot just unilaterally cancel contracts, especially if there are no specific grounds,” Recidoro said.

Mining law allowed operations in watersheds, he added, except those declared protected by the government.

But Lopez said it was within her discretion “to decide on the resources of the country.”

Top Philippine nickel ore producer Nickel Asia Corp. said it would pursue all legal remedies to overturn an order to close the operations of its unit Hinatuan Mining Corp.

Hinatuan was told that its operation has “impaired the functions of the watershed in the area,” according to a copy of the closure order.

The decision to close or suspend existing mine operations followed a months-long audit of the mines, although a government team that reviewed the audit recommended only suspensions and fines.

President Duterte on Sunday said he would not stand in the way of Lopez’s decision to shut several mines in Mindanao, the second time he has thrown his support behind the Cabinet official he appointed last June.

If Duterte upholds Lopez’s actions, Recidoro said affected miners could seek relief with the Court of Appeals and “then the Supreme Court.”

Meanwhile, a group called Philippine Business for Environment Stewardship (PBEST) has issued a statement criticizing Lopez for her “divisive” leadership.

“We live in one big ecosystem, where everything and everyone is interconnected. We need a type of governance that is inclusive, not just of the marginalized, but of all, including those perceived to be the ones destroying the environment,” PBEST secretary general Ysan Castillo said.

He said the DENR should focus on more pressing environmental issues. “The DENR keeps on challenging just the legitimate large-scale miners, and not the thousands of illegal small-scale operations,” Castillo said. “This is myopic, considering the host of other pressing environmental concerns that the country is facing.”

PBEST convenor and president of think tank Stratbase-ADRI Dindo Manhit said the environment department should unite stakeholders and not cause division.

“What we see here is a failure to transcend one’s single-cause advocacy, and a regulator who is supposed to look after and unite all the stakeholders for the good of the environment,” Manhit said.

“The sound management of the environment requires the involvement and cooperation of people and communities, not antagonism and animosity,” Castillo said.

Manhit added that the DENR leadership should complement the Duterte administration’s effort to improve the lives of the Filipino people.

“In order to fulfill this commitment, the President pushes for the country’s industrialization, and mining cannot be taken away from that equation,” Manhit stressed.

PBEST is a non-governmental organization advocating sustainable development through sound policies and collaboration among the government, private, academic and civil society sectors.

No official notice

In its statement, Philex said the MPSA of wholly owned subsidiary Silangan Mindanao Mining Co. Inc. was included in the list even if the firm has not, to date, received any cancellation order or any notice of cancellation from the DENR or any other government agency.

The Silangan project is a copper and gold project located in Surigao del Norte in Mindanao, with an expected investment opportunity of P40 billion, Philex said.

“Mindanao is an area where President Duterte has declared his fight against hunger, poverty and underdevelopment. It is expected that, starting 2020, the Silangan project will, for the first 10 years of operation, generate P170 billion of revenues, P31 billion in national and local taxes and at least 8,000 employment opportunities,” it said.

Silangan Mining is also expected to spend P6 billion over the same period for social development and infrastructure programs that will benefit Mindanao. “The project will promote the much-needed development in an area which, in the words of President Duterte, has long been neglected,” it added.

Philex stressed it has a long-standing policy of strictly complying with all applicable laws and regulations, and especially those pertaining to social development, environmental protection and rehabilitation.

“While the DENR, as regulator, has the right, if not also the duty, to enforce faithfully all mining laws and to act against erring mining companies, it must do so within the bounds of the constitutionally-mandated due process procedure,” Philex pointed out.

It added the “confusion and uncertainty” triggered by Lopez’s pronouncements “has already resulted in significant economic harm” to Philex’s public shareholders, including the Social Security System and its beneficiaries, through a sharp decline in its share price – approximately P6.5 billion loss in shareholder value in one day – and has endangered the Silangan project.

It also cited the erosion of investor confidence “in the midst of a worrisome regulatory landscape that appears to disregard due process and interprets applicable laws as it wishes.”

Another Philex subsidiary, Philex Gold Philippines, Inc. (PGPI), has also been affected even if all its MPSAs were “validly issued” and the projects “not located in proclaimed watershed forest reserves.”

Philex and its subsidiaries, according to the statement, “are willing partners of the government in protecting the environment, and in its fight against poverty and unemployment, and in upholding the rule of law and supporting due process.”

It stressed it “continues to support President Duterte in his drive against illegal and irresponsible mining, and rally behind the President in promoting responsible and community-oriented mining.”

By Louise Maureen Simeon and Rhodina Villanueva  With Catherine Talavera

The Philippine Star

#DENR #GinaLopez #Mining #NoToMining

Duterte: Misleading Inquirer story title on impending De Lima arrest

Attn: Basahin ninyo mabuti. Sa unang tingin sa titulo, parang hindi maaaring arestuhin si De Lima. Kapag nabasa naman ang kabuuan ng artikulo, lumalabas na hindi pala pwedeng pigilan ang pagaresto kay De Lima. Ganyan ang BIASED MAINSTREAM MEDIA.

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Senate won’t allow arrest of De Lima

By: Christine O. Avendaño, Gil Cabacungan
Philippine Daily Inquirer  February 14, 2017

 

The Senate will not allow Sen. Leila de Lima to be arrested inside the session hall and will insist that the rule of law be followed, Senate President Pro Tempore Franklin Drilon said on Monday.

But Drilon, who is acting Senate President in the absence of Senate President Aquilino Pimentel III who is abroad, conceded that the Senate cannot stop the arrest of De Lima, who is facing possible drug trafficking charges before the Department of Justice (DOJ).

“By tradition, we will oppose service of the warrant of arrest inside the session hall. The sanctity of the session hall must be respected,” Drilon told reporters.

He acknowledged that the Senate cannot stop the arrest of De Lima outside the session hall as the alleged offense to be filed against his Liberal Party mate had a penalty of beyond six years’ imprisonment.

“That is a legal process and the general statement that I can make is that we will see to it the process is followed strictly in accordance with the rule of law,” Drilon said.

Asked whether the Senate can take custody of De Lima, he said that was up to the court to decide “because at that point, theoretically, she is under the custody of the court.”

On Monday, De Lima dared the House to investigate a Bureau of Corrections confidential memo stating that Justice Secretary Vitaliano Aguirre II restored special privileges to high profile New Bilibid Prison (NBP) inmates who testified against her in the House inquiry and who were transferred to a military custodial center in September last year.
De Lima said she had already replied to the ethics complaint filed against her in the Senate by the House and a lawyer regarding her move to stop her former bodyguard and boyfriend Ronnie Dayan from attending the House inquiry investigating her alleged involvement in the proliferation of the illegal drug trade at the NBP.

She said she only provided guidance to Dayan “because he was asking my advice or opinion if he should attend.”

As she anticipates to be charged and even arrested anytime this week, De Lima is preparing to slap charges against Aguirre before the Ombudsman.

De Lima said that among the charges she will file against Aguirre included subordination of perjury and tampering with witnesses for pressuring them against her as well as for recent controversies that she said made him unfit as justice secretary.

For his part, Aguirre took exception to De Lima’s claim that the DOJ was moving heaven and earth to send her to jail.

In a statement, Aguirre called De Lima’s charges “erroneous,” a “blatant lie” and “total misinformation.”

“As a lawyer and as a former Secretary of Justice, she should know that the DOJ does not issue warrants of arrest. Consequently, it is totally irresponsible of her to announce that the DOJ is expediting the issuance of such warrants. Senator De Lima’s motivation for saying such is beyond us,” Aguirre said.

 

Duterte: I can’t do anything if DENR Seretary Gina wants to clamp down on mining

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Surigao City – At the sidelines of his visit here Sunday afternoon to look in on the damage caused by the magnitude 6.7 earth quake two nights ago, President Rodrigo Duterte expressed support for the decision of Environment Secretary Regina Lopez decision to clamp several erring mining companies.

“If Gina will close the mining, I cannot do anything about it, especially after what I saw earlier when I passed over the area. Especially also if they cannot return the mined places to the way they looked before they started extracting there.

“Surigao is the most mined part in this region. The way I see it, I might have to close them all,” Duterte said, after expressing dire concern over the scenes he personally saw during his helicopter flight passing through mountainous mining concession areas from Butuan City to Surigao City.

Duterte further elaborated his position on the mining issue backing the decision of the environment secretary.

“Our revenue from mining is about PhP70 billion. Now, if only I could find an alternative source of livelihood or an industry that can replace the destructive mining sector,” the president said.

“I think we would really have to close them, because our mountains are devastated, and in most cases, from experience, they just leave the extracted area scarred and unhealed. If that’s the case, I will not allow it,” he said.

It should be Filipino first, President Duterte said: “Your child and the offspring of your child should benefit from the land, and they should not face any problem when they look at their homeland.”

Nevertheless, the president expressed concern for those who will lose jobs in the mining industry closures.

Over the past week, the decision of the Department of Environment and Natural Resources to close 23 mining operations has meet with criticism and even threats to derail her appointment as DENR secretary.

 

Erwin M. Mascariñas, InterAksyon
February 12, 2017
Photo: from InterAksyon
#Environment #NoToMing #Duterte #DENR #GinaLopez #Kalikasan
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