25/09/2025
ELAC lauds the Guiuan Regional Trial Court’s decision to deny EMRC’s application for Preliminary Injunction.
On September 23, 2025, the Regional Trial Court Branch 3, Guiuan, Eastern Samar, resolved to deny the application of EMIR Mineral Resources Corporation (EMRC) for the issuance of a writ of Preliminary Injunction and/or Temporary Restraining Order against members of the HEARD Organization and other residents of Brgy. Casuguran, Homonhon Island, on their ongoing protests to prevent the mine’s operations near a declared watershed and the community's vital water source.
The Court ruled that the company failed to show irreparable injury that would justify silencing the community. Business losses and corporate programs, it said, are quantifiable and not grounds for injunction.
Carmi Macapagao, one of the respondents in the case, welcomed the ruling: “We are thankful and feel vindicated somehow. While the case continues, we know that what we are doing now—protecting our right to a healthy environment—is the right thing to do, it is worth fighting for.”
Other respondents also expressed gratitude and resolve: “We are thankful to everyone who support us. We will continue to fight our right to prevent them from mining nearby the watershed and freshwater source. It is clear from the Philippine Constitution, the Clean Water Act (RA 9275), and the Water Code that watersheds and freshwater sources must be protected.”
The EMRC’s application for the issuance of a Writ of Preliminary Injunction is just the first part of a suit that challenges the community’s right to protest against mine operations near a declared watershed and a vital water source. Currently, the main case for Injunction is still pending before the Regional Trial Court, Branch 3, Guiuan, Eastern Samar, against Carmi Macapagao and other residents of Brgy. Casuguran, Guiuan, Eastern Samar.
