NCIP junks case vs mine operations

By Dexter A. See
LA TRINIDAD, Benguet – The Cordillera office of the National Indigenous Peoples dismissed a case filed by affected indigenous cultural communities against the operation of Philex Mining corporation over a 98-hectare expansion area after the contending tribes decided to share among themselves the royalty and economic packages due them in the future.

Under the approved compromise agreement which resulted to the eventual dismissal of the case against Philex’s mining operation, the heirs and members of the Artemio Pio Clan Inc (APAI) is included in the list of indigenous cultural communities and indigenous peoples within the Applied Production Sharing Agreement (APSA) 102 affected by the mining operation of Philex as recognized by the members of the Indigenous peoples Organization of Alang, Pukis, Santa Fe, Oliba and Ligay (IPO APSOL) and NCIP-CAR.

Furthermore, APAI members shall be consolidated and included by IPO APSOL as its added members and are recognized as indigenous peoples of the community.

Being members of the IPO APSOL now, APAI members honor and recognize the existence, due execution and validity of the free and prior informed consent (FPIC) and memorandum of agreement entered by the former with the Philex management relative to APSA 102 which was executed by the parties on January 14, 2008.

The compromise agreement stated by the consolidation and recognition of the APAI members, it is understood that they, or each of them, is entitled to the remaining royalty and socio-economic projects defined in the signed agreement for APSA 102 and its implementing guidelines based on its community development plan or projects in the same manner that all the indigenous peoples represented by IPO APSOL are entitled to the same.

The agreement between IPO APSOL and Philex relative to the controversial APSA 10 2 provides the indigenous cultural communities shall receive an annual royalty for the use of their property as mine site which is equivalent to 1.25 percent of the company’s gross receipts.

As its commitment to the compromise agreement, the APAI members warrant and guarantee that any or all claims by any clam, heir or member now and in the future shall be settled by APAI from whatever socio-economic development program and benefit that each of their heirs and members may receive from IPO APSOL and shall hold IPO APSOL and all the parties in the agreement relative to the FPIC and memorandum of agreement (MOA) for APSA 102 free from any further obligation or liability.

According to the same agreement entered into between APAI and IPO APSOL representatives, it made clear that a certain petitioner named as Eric Petilan is not a member of APAI and will not be included by IPO APSOL and by virtue of the compromise agreement, he is not an indigenous people of APSA 102 affected area, thus, hereby waives any claim and all claims he may have against all the parties hereto relative to the FPIC and MOA for the mining operation of Philex.

At the same time, APAI declared it will no longer file any case, demand or claim based on similar cause of action in the NCIP and in any other court, tribunal or any government agency against all the concerned parties.

Philex, NCIP-CAR and IPO APSOL also waived any counter-claim against APAI in as far as the case is concerned for the benefit of smooth community relationship in the coming days.