After more than two decades of waiting, a Marinduque court granted damages to residents impacted by Marcopper mining spill in 1993.
In a ruling dated May 16, 2022, Judge Emmanuel Recalde of the Marinduque Regional Trial Court Branch 38 ordered Marcopper Mining Corp. to pay each of the 30 plaintiffs P200,000 in actual damages and P100,000 in moral damages. The judgment was made public Tuesday.
The case against Marcopper was filed in 2001.
The court stated that the award for actual damages is for the properties, crops, and livestock lost by each of the remaining plaintiffs, whereas the award for moral damages is for the physical and mental suffering the plaintiffs endured as a result of the loss of their means of subsistence and the ongoing threat posed by the Maguila-guila Dam.
Through a memorandum of understanding, certain plaintiffs had already received a portion of the temperate damages in 1994.
“It was also established that Marcopper was negligent in the performance of its duty to conscientiously operate and maintain the Maguila-guila Dam that led to the over sedimentation of the facility causing the dam to breach thereby spilling floodwater containing silt into the Mogpog River to the damage and prejudice of the Plaintiffs,” the ruling said.
In addition, the court ordered Marcopper to pay the plaintiffs P1 million in punitive damages.
Marcopper to pay residents affected by mine spill in 1993
The plaintiffs are Barangay Bocboc and Barangay Magpapua, Mogpog, Marinduque, residents.
In 1993, they were impacted by a flood generated by Typhoon Monang’s aftermath. After eight years, they filed a complaint against Marcopper alleging that the 1993 flood was caused by mud from the Maguili-guila Dam.
In addition, they stated that they continued to suffer because of the silt accumulated in the Mogpog River and nearby places.
In its response, Marcopper stated that assuming there is a cause of action, the residents’ claims were made after the prescription period – the time limit for filing a lawsuit.
In its decision, the court acknowledged that a quasi-delict or tort had a four-year statute of limitations under the law.
A quasi-delict or tort refers to an act or omission by one person that causes harm to another party, with fault or carelessness present. The negligent party is required to pay for the damages.
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