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Court Issued TRO vs. PASG Agents due Illegal Entry, Search Inside Wood firm Premises

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by Ben Serrano July 12, 2009 BUTUAN CITY- For allegedly coming inside wood firm premises without proper documents such as court order, search warrant and others, twenty Presidential Anti-Smuggling Group (PAGS) personnel and eighteen Philippine Army personnel are in now in hot water after Regional Trial Court Branch 5 of Butuan and Agusan del Norte Executive Judge [...]

by Ben Serrano

July 12, 2009

BUTUAN CITY- For allegedly coming inside wood firm premises without proper documents such as court order, search warrant and others, twenty Presidential Anti-Smuggling Group (PAGS) personnel and eighteen Philippine Army personnel are in now in hot water after Regional Trial Court Branch 5 of Butuan and Agusan del Norte Executive Judge Augustus Calo issued Temporary Restraining Order against the 38 law enforcers.

The court orders dated July 1, 2009 for seventy two hours and July 3, 2009 respectively which further extend the period of Temporary Restraining Order to 18 days enjoined the law enforcers not to enter again premises of EMCO Plywood Corporation, situated in Magallanes, Agusan del Norte and not to interfere or performing any form of interference in the plywood plant’s routine work particularly In lifting the subject logs from log pond to dry dock area of the company.

The PASG personnel named in the charged sheet were retired Police Senior Supt. Celso Josol Curitana who once served as Surigao del Norte Police Provincial Director, Rafael Memita, Ernesto Salazar, Lilibeth Orong, Roumlo J. Neri, Jr., Robert Satonero, Darwin C. Alicarte, Melvin Gallardo, Jospeh Bongbong, Ricardo Mandid, Jr., Genaro Molejon, Sr., Manuelo Perez, Zacarias Aquino, Cesar Molate, Warlito Lisondato, Escolastico R. Hitgano, Jr., Expedito G. Murillo, Ronald Fortun and Albert Sawan-on.

According to the complaint of EMCO Plywood Corporation headed by Manila-based Filipino Chinese businessman Antonio Tansipek that about 9:30 in the morning of June 30, 2009, armed men in full battle gear and all armed with long firearms who introduced themselves as agents and officials of Presidential Anti-Smuggling Group (PASG) accompanied by at least 18 soldiers of the 30th IB Philippine Army plunged into the EMCO compound.

The armed men then proceeded into the plywood plant’s main entrance gate and allegedly pointed barrels of their guns which are all high powered firearms to already trembling in fear plywood plant’s security guards.

The court said in its three pages order dated July 1, 2009 that it immediately issued TRO to cause further irreparable damages and that the complainant will suffer further grave injustice and that to avoid further imminent irreparable injuries it grant temporary restraining order in favor to the complainant.

The court said testimonies from three eyewitnesses of the complainant showed the PASG agents and soldiers took control of the firm’s logs without valid court order or search warrant issued by Court of Law.

In its earlier report, the PASG agents alleged that an estimated 800 pieces of logs worth millions of pesos were allegedly undocumented or no proper documents at all and it found toxic chemicals without proper documents stored inside EMCO premises.

Environmentalist groups on the other hand showed mixed reactions of the raid saying why only EMCO compound were being inspected and raided eventually since majority of wood processing firms in Caraga Region had no proper documents at all.

They claimed that why PASG failed to shut down 26 mini-sawmills near Agusan River who caused wanton environmental destruction of the historical river now heavily silted.

They claimed that in many instances illegally cut logs were brought to said mini-sawmills undocumented with allegedly full knowledge of some DENR personnel.

They wondered why the Butuan City Government failed to act and transfer said mini sawmills who at many times were found dumping toxic sawdust to the river which ultimately caused alleged many fish kills in the past, rapid heavy siltation that caused flooding to city’s low lying areas and damaged marine life and corrals.

The groups said corruption in the bureaucracy have caused miserable failure of the government to address not only wanton environmental destructions but economic sabotage at the hilt due smuggling that leads to failure to collect taxes for cash-strapped Philippine Government which only went to the pockets of few.


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