Mining. Not in My Backyard

History
Located in the Northeastern part of Mindanao, Cantilan is the second town from the border of the two Surigao provinces and is about 65 kilometers north of Tandag City, the capital of Surigao del Sur. It faces Lanuza Bay in the Pacific Ocean and is backed westward by the ore and used to be timber rich Diwata Mountains. Its boundaries are Carrascal to the North, Madrid to the South and Santiago, Agusan del Norte to the west. It has a total land area of 24,010 hectares, 71% of which is forested land and 29% classified as alienable and disposable land (A &D) of which 5,264 hectares is devoted to agriculture. It is a 4th class community and derives income mostly from rice farming, copra production and fishing from its 44 hectares of municipal water. Cantilan, Madrid and Carrascal as a group is identified as the food basket of the province. Cantilan and its neighboring towns is also the old home of Kantilan, the Philippine eagle, which was found injured in a falcata plantation in Cabangahan.

Cantilan was created on October 16, 1760 by virtue of the Spanish Royal Decree known as the Maura Law. Fr. Valerio de San Agustin built the town and its fortification and in 1782 the priory in Calagdaan (Calagan) and the visita in Bayoyo were consolidated and resettled in Kan Tilang (Cantilan.) The fort was protected by a hunasan (corral reef) on the Pacific Ocean side, Cantilan River on the North and western sides and the Carac-an River on the south. At that time, Kan Tilang encompassed the areas from Carrascal, Madrid, Carmen and Lanuza (CCMCL).

Two big rivers bisect Cantilan’s mountain area namely, Carac-an and Alamyo rivers. Carac-an River winds down southeastward from its headwaters in Brgy. Cabangahan to Madrid before it empties into Lanuza Bay and the Pacific Ocean. Alamyo river located in the north winds through the mountains of Cantilan and Carrascal before it empties into Carrascal Bay. These two rivers are either the boon or bane of the three towns. Protected, they will provide continuous water supply for agricultural and domestic use; preserve the rich biodiversity of the area; and ensure the preservation of the area’s environment. Destroyed and abused, it will mark the slow death of the three towns: loss of forest cover, vastly lowered rice production, horrible flash floods and crippled coastal resources.

Pag-asa data shows the ‘mean annual rainfall of the Philippines varies from 965 to 4,064 mm annually. Eastern Surigao, Baguio City, eastern Samar receive the greatest amount of rainfall. The 1993-2000 rainfall data in Hinatuan, Surigao del Sur recorded a mean annual of 4,775.4 mm for eastern Surigao, which makes the province a flood prone area. The northeast monsoon season starts in October as the Pacific Ocean wakes up from its placid summer slumber. ‘The ocean is waking up,’ the natives would say as the waves thunderously announce their arrival. Highest rainfall is from December to February. There are days that rain will pour for eight days straight. The natives call the phenomena, ‘wayo wayo’ (eight eight.) The highest tides occur in February and March.

One day in October 1856, flooded rivers caused by wayo wayo, and an oracan (hurricane) combined together and demolished the old Cantilan town and its fortifications. As the Cantilangnons woke up in the morning of October 15, they saw huge waves breaking in the islands fronting the town. The hurricane fueled waves rolled towards town over the floodwaters, destroying the town’s nipa and wooden houses, the stone church and the schools for boys and girls. The town disappeared when the waves and the floodwaters receded, leaving only the church’s stonewalls and the fort with its cannons. The survivors including the priest relocated the town across the Cantilan River to its present location. The old fort remnants is now called Daan Lungsod (Old Town.)

Mining – A Threat
Another serious and devastating threat looms over Cantilan—mining. Two mining companies, both owned by Mario Vijungco are operating in Cantilan’s forested areas: Carac-an Development Corporation (CDC) and Ventura Timber Corporation whose mining rights was transferred to Marcventures Mining and Development Corporation (MMDC.) Both Mineral Product Sharing Agreements (MPSA) are located on the watersheds of Carac-an, Buyaan, and Alamyo rivers. All of these rivers support irrigation projects in Madrid and Cantilan. Furthermore, MMDC also encroaches on the watershed of the Panikian River in Carrascal which support the Panikian Community Irrigation System.

These MPSAs occupy 56% of Cantilan’s forested area. Three other MPSAs are under process, all of them overlapping through the towns of Carrascal, Cantilan and Madrid, leaving most if not all of Cantilan’s forested area to the mining companies once they get approved.

Responsible Mining?
VTC/MMDC and CDC were granted MPSAs in 1993. The approvals of these mining contracts were highly irregular. The Environmental Work Program (EWP) in their applications conveniently failed to mention the existing irrigation systems in the area. It described the contract areas as ‘generally planted to coconut, fruit trees, rootcrops, seasonal vegetables, corn and rain fed rice.’ (Falsehood or Omission of Facts in the Statement is a ground for revocation and termination of MPSA under Sec. 99 of the Philippine Mining Act.)

Both MPSAs were cancelled in October 2004, after 11 years, on the following grounds: no record of actual mineral exploration, non-payment of fiscal obligations, non-submission of required reports and non-filing of the Declaration of Mining Project Feasibility. On May 31, 2005 & June 1, 2005, VTC & CDC, respectively, filed separate Motions for Reconsideration, for reasons among others: the cancellation violated their rights to due process; the question of unconstitutionality of R.A. 7942 severely affected their abilities to attract and keep foreign business partners/investors; opposition and protests by local communities, etc.

Both MPSAs were reinstated in February 2005 by Secretary Reyes on the following basis: ‘there was indeed violation of due process caused by sudden issuance of DAO 2205-03; CDC/VTC had tried to fully comply with the terms & conditions of the MPSAs, mining law; CDC/VTC paid the occupation fees;
CDC/VTC conducted initial mining exploration in accordance with EWP 1192-1996; that non-payment of fiscal obligations, non-submission of required reports, non-filing of the declaration of mining project feasibility study, are but minor violations.’
Part 1 of 2
Published in Haring Ibon, December 2009 Issue