Dear MsTragicPlease stop this nonsense. Please. I’ve been trying...

Dear MsTragic

Please stop this nonsense. Please. I’ve been trying to help you out with this mess you’ve got yourself into.I asked for a “simple, sincere and contrite post without the excuses for yourself and others”. Don’t mention Red5, don’t mention the Philippine community, good corporate citizenship, KOTH, the MD or the SP, etc and please be honest. Keep it to 50 words or less. If you need help with the wording I will help you.

Please re-post a Lopez and Pike version accordingly and remove (moderate) the first attempts. No word salads please. This is serious business and time is of the essence.

When you wrote “At no time did I ever disrespect Ms Lopez as a person”, that is simply untrue. Every time you had the opportunity to take a jab at her you did, even after she had passed away in August 2019. Here’s just a sample of your work on HC:

1. “Quite simple - Cyclone Gina decreed that all open-pit mining was to cease,” (18/10/2017)
2. “before cyclone Gina struck” (21/10/2017).
3. “Before cyclone Gina struck” (3/3/2018).
4. “before cyclone Gina struck” (17/4/2018)
5. “cyclone Gina struck.” (29/11/2018)
6. “after cyclone Gina struck” (21/2/2019)
7. “pre-cyclone Gina” (27/3/2019)
8. “before cyclone Gina struck,” (29/3/2019)
9. “cyclone Gina stuck (sic) in 2016” (3/6/2019)
10. “when cyclone Gina struck” (25/11/2019)
11. “after Cyclone Gina struck in 2016” (30/3/2020)
12. “when cyclone Gina shut down the Phillipines (sic) mining industry” (15/5/2020)
13. “cyclone Gina stopped mining in the Phillipines (sic)” (11/11/2020)
14. “deal with cyclone Gina” (12/11/2020)
15. “till Cyclone Gina struck in 2016” (20/8/2021)
16. “After restoring the operations by 2016, the Filipino mining industry was hit by "cyclone Gina Lopez" and the rest is history.” (05/07/23)
17. “Then in 2016, came the Duterte madness and Gina Lopez that shut down mining for the (then) foreseeable future.” (09/12/23)
18. “Then Gina Lopez came to power in mid 2016 and cast a pall over the entire Filipino mining sector.” (31/3/2024).

Just so you are informed:

The following are the elements of cyber libel, based on Section 4(c)(4) of R.A. 10175, in relation to Articles 353 and 355 of the Revised Penal Code (of the Philippines):

a. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance.
b. The imputation must be made publicly, which requires that at least one other person must have seen the libelous post, in addition to the author and the person defamed or alluded to in the post.
c. The imputation must be malicious, which means that the author of the libelous post made such post with knowledge that it was false, or with reckless disregard as to the truth or falsity thereof. (Yunchengco vs. The Manila Chronicle Publishing Corporation, G.R. No. 184315, 25 November 2009.)
d. The imputation must be directed at a natural or juridical person, or one who is dead, which requires that the post must identify the person defamed, or at the very least, the person defamed is identifiable by a third person.
e. The imputation must tend to cause the dishonor, discredit or contempt of the person defamed. (Reyes, Luis B., Revised Penal Code, Fifteenth Edition, 2001, page 932.)
f. The imputation was done through the use of a computer system or any other similar means which may be devised in the future. (Sec. 4(c)(4) of R.A. 10175)

The Philippines government read HC and the ASX announcements of Australian companies with business interests in-country. If it is at all possible don’t publish anything potentially derogatory. Look at the timing of RED announcements and HC posts and you will understand.

The dumbest time to apply for any government permit is up to 6-12 months after the (6-year term) elections becausethis is the period when Secretaries of government departments are going through the confirmation process. During this time they do not have the "power" that you falsely alluded to. Ms Lopez had no legal right to sign off (or have the Bureau that is part of the DENR sign off ) on the RED permits unless she was confirmed (except in exceptional circumstances). Check when all the permits I obtained were granted.

If RED had applied for TFS6 approval in late 2013 (say 4-6 months after their tailings dam failure), they would have had almost a 3-year window to have it granted. Plenty of time.

I had the ECC (environmental permit) and MGB Notice to Proceed for Siana completed within 12 months by way of comparison (records of which are available on the DENR website). Perfect timing would have been to have had the TSF6 permit and the lifting of the Cease and Desist Order at the same time (late Dec 2014). Then there would have been no need for you to take jabs at Ms Lopez and the mine would probably never been sold. Ask RED why they didn’t do it the tried and trusted way.

Kind regards