Daplin sa Baybayon

Mining. Not In My Backyard (Part 2)

2009-05-19T16:29:00.004+08:00

Responsible Mining? (cont.)

(Previous) The 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 and mining law; 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.’

Both companies violated the terms and conditions in their MPSAs. The DENR ignored the breach of agreement for 11 years! The cancellation of their contract was long overdue. This writer’s non-legal mind fails to comprehend the ‘due process’ the mining companies invoked. What is understandable is MMDC and CDC could not continue their mining operations due to low mineral prices and the unfavorable protests of the locals prevented them from attracting investors.

President Ramos set the terms and conditions for breach of agreement in 1993, which were also written in their contracts. The DENR secretary declared these violations minor. Can the DENR secretary change the rules when he desires?

In reinstating the MPSAs, in violation of the terms and conditions of the Philippine Mining Act, the DENR Secretary, by a stroke of the pen, revalidated the companies’ claim of ‘rain fed’ rice in the area and ignored the existence of the Irrigation Systems that hold water rights to the rivers: NIA, Carac-an River, 1975; Buyaan Irrigation System, Buyaan River, 1986; PAGABAGO, Panikian River, 1982; and CABCANT, Alamyo River, 1990. This act deprived the 3,345 farmer beneficiaries their rights to protect and fully utilize their irrigation systems. Furthermore, without consult ting the NIA, it violated its own DAO 40-96, Sec.15b2 that requires written consent from concerned agencies having established prior rights.

It also ignored the rights of the Manobos of Cabangahan and Lobo to their ancestral land. Since the MPSAs were granted before the Indigenous Peoples Rights Act (1997), both MMDC and CDC were not required to obtain a Free Prior Informed Consent (FPIC) from the residents of Brgys. Cabangahan and Lobo. The companies supposedly secured the IP’s consent after the fact. It is being contested by Provincial Chieftain Datu Daengan Cesar Bat-ao who is suing the National Commission on Indigenous Peoples and the Mines and Geosciences Bureau with the Ombudsman in Davao City.

The DENR is the government agency charged with the management and utilization of our natural resources. For whom?

Certainly, from its record with the use of the local mineral resources, the agency did not work for the people of Cantilan, Madrid and Carrascal. It failed us big time.

Benefit versus Cost
Mining Benefit
Cantilan and Carrascal have six approved MPSAs occupying a total of 21,340 has; two in development stage in Carrascal (Mineral Reservation.) The following is the mining revenue for the area in 2007 as posted by the MGB:

Total occupation fees 1,567.78;
Royalty 42,954,524.57;
Excise taxes 18,188,955.93

Total revenue was Php 62,711,265.50. Only the occupation fees go directly to the LGU.

At the ECC public consultation in Cantilan, Surigao del Sur Provincial Governor Vicente Pimentel, Jr., declared that all the people of Carrascal will be employed in 10 years due to mining. He also believes it will solve the unemployment problems of the province.

At the same meeting, MMDC said it can provide only100 jobs initially and 250 maximum. Employment is contractual and only during the dry season. Mining operations stop during the rainy season due to heavy rainfall.

Mining Cost
Directly impacted is rice production, the area’s major source of income for almost two centuries. At two harvests per year, the area’s 3,355 hectares of riceland produces (NIA’s conservative estimate):

@80 cavans/hectare @ 50 kg per cavan Sold @ P14/kg
268,400.00 13,420,000 P187,889,000

The area’s Irrigation Systems cost the government P266M to build. There is a ongoing NIA rehabilitation project in partnership with the DENR and funded by the Asian Development Bank that costs P150M.

Other local projects that will be severely impacted are domestic water use; Sipangpang Mini-hydro Project with a Local Government Unit loan of P70M.

Siltation will not only impact our coastal resources projects funded by USAID, DED & EU but also our budding tourism projects—Malinawa Cool Spring, beautiful beaches, surfing, scuba and snorkeling.

Damage to the environment will be immeasurable. MMDC and CDC MPSAs hold a total of almost 10,000 hectares most of them in Cantilan. MMDC’s Nickel and CDC’s Gold and Copper projects are open pit mines. Last September, DENR’s Environmental Management Bureau (EMB) conducted an Environmental Impact Assessment Hearing in Brgy. Cabangahan on 120 hectares of MMDC’s 4,779 hectare nickel project. The company maintained that damage to the environment would be minimal since multi-tiered settling ponds will be constructed as mitigating measures to minimize siltation to Carac-an River.

At the consultation hearing conducted in Cantilan and attended by more than 4,000 anti-mining townspeople, the NIA representative pointed out that the design of MMDC’s ponds was based on 140mm daily rainfall intensity data of Surigao City which is known as a typhoon prone area and not the data for flood prone Cantilan which has a daily 400mm daily rainfall. The ponds will not be able to withstand the heavy rainfall of the area. NIA also claimed that siltation will be a minor problem to the irrigation systems since they were constructed with siltation controls. The problem will be flooding.

Once the mining company goes into development stage it won’t be hard to imagine another incident happening similar to the catastrophe in 1856 that demolished old Cantilan.

The ECC and SDMP
The LGUs of Cantilan, Madrid and Carrascal sent letters that were read at the ECC consultation last September opposing MMDC’s project. The NIA, the Church represented by Bishop Nereo P. Odchimar, Baywatch and Lovers of Nature (Non-Government Organizations) expressed opposition to the project as well as thousands of farmers, teachers, students and office workers. The ECC certificate was issued on December 22, 2008. The question we are asking right now is, ‘What was the point of the consultation if the peoples’ voice don’t matter?’

Under the General Conditions of the certificate is number 6.4, Submission of a Social Development and Management Plan (SDMP) to the MGB Regional Office XIII for approval. Also one of the recommendations in the certificate, is the convening of the Community Technical Working Group (CTWG) for the proponent ‘to ensure a sustained participative formulation of the project’s (SDMP) and (IPDP) Indigenous People Development Plan.’

It is sad that the EMB does not know that it’s sister office, the MGB has long ago authorized MMDC to organize its SDMP and convene its CTWG even when it was still in the Exploration Stage. It has already distributed Php94,000 to all Barangays, impacted or not, for its SDMP. In it’s guise too, the company also repaired barangay roads from its mining site to its proposed shipyard.

Asked why MMDC was allowed to organize its SDMP before its ECC approval, Engr. Alilo Ensomo, MGB Director, Region XIII, replied that the Region allows the program to be implemented even while in Exploration Stage to soften the impression of mining in the people’s minds and to make it acceptable to them.

Bribery takes on many forms.

Cantilan’s barangay captains, working against the anti-mining Mayor and Sangunian Bayan, sings the high praises for the mining company. They claim that the company’s repair of their roads, scholarship programs and money for barangay development are gifts that the town officials can’t even dream about. They also signed a resolution denouncing Surigao del Sur Bishop, Rev. Nereo P. Odchimar, calling him a liar for causing the temporary suspension of the mining operations.

Not in My Backyard
The people and the LGU of Cantilan, long opposed to mining in the area, believe that mining is short-lived, non-renewable and should not be allowed in areas where rice production is vital to the area’s economy. Likewise, the people and LGUs of Madrid and Carrascal strongly share the same sentiment and expressed it through their resolutions.

Recognizing the adverse impact of mining to the area, the Cantilan LGU issued an ordinance prohibiting heavy-duty equipment from passing through roads in its jurisdiction. Likewise, the Sangunian Panlalawigan, issued a resolution prohibiting heavy-duty equipment from passing through provincial roads. The SP also issued a resolution supporting the three town’s opposition to MMDC and CDC and a resolution prohibiting the LGUs of the province from endorsing mining applications.

Shortly after the issuance of MMDC’s ECC, rumors that the company will resume its operations in early March circulated. Baywatch countered with a statement that the ECC is only a planning tool for the mining company and it cannot start its Development Stage without prior approval from ‘other pertinent Government agencies.’

MMDC may have to wait for a change of government officials after the elections to get endorsements from the LGUs. Mayor Tomas Guardo of Cantilan together with the SB will not give a business permit nor issue an endorsement. The SP through its resolutions is not going to endorse the mining company either.

In the event that MMDC gets pro-mining officials elected, and they get to start their Development Stage, it may yet see how resolute the Cantilangnons are as a people. Farmers and NGOs have expressed their willingness to barricade the roads to prevent mining vehicles to pass. An IP leader secured a promise from this writer to supply his group with coffee when the time comes for them to hole up in the mountains of Cabangahan. Rev. Bishop Odchimar, in his message to the Cantilan faithful said that ‘as a good shepherd he is committed to protect the area’s watershed.’

One group has a not so secret motto that expresses its commitment to the cause, ‘Our lives for our watershed!

Published in Haring Ibon Magazine
Jan - March 2009 Issue

Good Omen

2009-03-21T09:52:00.004+08:00

I woke up early today. That was a lucky stroke because I was able to see the sunrise from my bathroom. I rushed out with my camera to take a video and pictures. What else could start a person's day in a good light (no pun intended?) Living by the Pacific Ocean, one might think that one sees the sunrise everyday. That is not the case. Huge clouds are always in the horizon, covering the sunrise and also the moonrise. They are a rare occurrence to see and so today, seeing the sun rise I think, is a good omen.

CBFI (CarCanMadCarLan Baywatch) is being interviewed on radio by Atty. Gerry Maglinte on his show, 'Ang Atong Dagat, Atong Kinabuhi.' The subject of the interview is the MGB's meeting on March 26, 2008 at the Oasis Beach Resort in Carrascal, Surigao del Sur. The Mines and Geosciences Bureau (MGB) Region XIII is organizing the Mine Rehabilitation Fund for Marcventures Mining and Development Corporation and signing of the memorandum of Agreement (MOA); and the Multipartite Monitoring Team for the company.

CBFI finds this violative of the Philippine Mining Act since the organization of the rehabilitation fund and monitoring team presupposes that the mining company is already in the Development Stage of their mining operation.

MMDC's Exploration is under suspension by the DENR Secretary, Lito Atienza and we haven't received information that it has been lifted. MMDC still needs two endorsements from three LGUs: Province, Town and Baranggay. As you may know, Cantilan LGU is vehemently against this mining operation in Cantilan because it is detrimental to its rice production. Impacted will be the area's more than 3,000 farmers.

The province has also written MMDC's Vice President that it is not endorsing their operation because they support the farmers, Baywatch, the LGUs of Cantilan, Carrascal and Madrid in their petition to the DENR for cancellation of MMDC's MPSA. Mayor Tomasa Guardo and the Sanggunian Bayan are not endorsing their operation either. Their only hope is an endorsement from one of the Baranggay's. But that is one of three.

Let's hope the mining company's people are listening to the broadcast and will relay the message to its officials. WE DO NOT WANT YOU IN CANTILAN!

Mining. Not in My Backyard

2009-03-20T17:27:00.004+08:00

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

Thoughts on the NPA Raid on the Cantilan Police Outpost

2007-10-05T15:54:00.000+08:00

It was a slow Sunday afternoon; most people were just finishing their lunch; some were getting ready for their siesta; unaware that the police were on red alert against the NPA. Rapid bursts of gunfire, which people at first mistook for fireworks, tore the quiet, complacent Cantilangnon air.

A band of NPA attacked the Cantilan Police Station on Sunday, September 23, 2007 between 12:30 and 1:00 pm. The rebels drove off with 18 armalite rifles, assorted firearms and ammunitions after entering the police station that was manned by two policemen who were naturally caught off-guard. The raid lasted about 30 minutes. There were no casualties—the two policemen on duty were slightly injured. The windows of the front office were destroyed and interior walls of the police station were peppered with bullets. After the raid, the convoy noisily left town and headed for Babuyan, a mountain barrio in Carrascal where they left their rented vehicles to melt back into the mountains hours before the PNP contingent based in Noventa arrived at around 4 p.m.

Interviews with witnesses indicated that the raiders came very well prepared and coordinated. A blue cargo truck and a white van entered town like a convoy at around 10 a.m. Witnesses noticed the truck because it had a lot of passengers in the open back which was not unusual on Sundays when people from neighboring towns come to Cantilan beaches in large groups. The passengers wore uniform yellow shirts with white trim on the sleeves. Residents around the police station noticed several young women standing around the stores and corners but didn’t cause alarm since the street was a busy one. A grocery store is located a couple of houses across from the station.

At around 12:30 the two vehicles stopped in front of the police station—this time, the blue truck was covered with tarpaulin. A witness coming out of the grocery store saw the raiders in full military gear come out of the truck, shooting at the police station. The women who were seen earlier were heard telling the residents and the shoppers to that they were the NPA and to stay calm because they were not going to harm the civilians. The rebels were also heard shouting, “Mabuhay Alsa ng Masa, and “Ayaw kamo kahadlok kay dili kami dautan.” Meantime, the two exit roads from Cantilan were blocked by two other trucks full of rebels. One was in Malitangtang and the other was at the fork between Panikian and Carrascal. The rebels blocked the roads with burning tires. When the raid was over, the rebels left town and were allegedly heard to shout, “kasayon ra nang Cantilan.” They also left copies of their hand-written manifesto alleging Cantilan police corruption and drug use; PNP and AFP abuses against activist leaders, militant organizations, mass media and the church but mostly denouncing the “US-Macapagal-Arroyo regime’s” programs against the rebels and inciting the people to join them in arms against the government.

Further interviews with witnesses revealed that the Noventa contingent were at the town market that morning to do their weekly shopping, unaware that they were being observed by the raiding group. As soon as they arrived back at their post in Noventa, they got word that the police station was being raided. The outpost is about 30 minutes away from Carrascal. They could have rushed back to Cantilan but it took them four hours before they arrived at the police station. Could they have realized that if they came back to confront the rebels, they could have been wiped out? They were surely outnumbered.

I am of the opinion that it was also fortunate that there were only two policemen at the station and the remaining officers did not come to “help” even if they could hear the gunfire. It would have been a sorry loss of additional arms and probably carnage.

Our very wise policemen are very well on their way to Butuan where they were supposedly transferred. Meantime, our police station is being manned by strange men in uniform and I must say I’m not comfortable that they are around. The next NPA raid might be bloody.