Tuesday, July 30, 2013

Mainit small scale miners charged for illegal acts

By Gina Dizon

BONTOC, Mountain Province –Whether small scale mining is a boon or a bane depends on  the stakeholder, but in this capital town, some villagers are fed up with such activities that destroyed the environment and endangered their farms and houses due to tunnels which are in danger of caving in. 

A complaint  was filed to stop such activities in gold-rich Barangay Mainit of this capital town, and a stoppage order to all small scale miners in the area “to immediately stop small scale mining operations and processing activities” was issued  by  regional Mines and Geo sciences  Bureau chief and Provincial Mining Regulatory Board chairman Fay Apil and PMRB  vice chair and  Gov. Leonard Mayaen.

Mainit small scale miners  Christopher Culallad, Donald Sagudang, Herman Fawayan  and Manuel Mandiit  were charged for violating provisions of  Republic Act 7076 or small scale mining law and the Forestry Code  or Presidential Decree 705  from a complaint filed by heirs of  Elizabeth Okoren.

The complaint  filed at the Regional Trial Court of  Bontoc, July 18 this year, wanted  respondents to stop  operating mine tunnels, cease and desist from hauling and  transporting  mineral ores  out of the mining sites, and from cutting trees.

Okoren in his complaint said respondents had no small scale mining permit upon his discovery at the regional MGB office.

In April, Edward Okoren representing heirs of Elizabeth Okoren came to know that tunnels were excavated underneath  their  riceland  located at Sitio Avo-os with vertical mine shafts  serving as  entry points to the mine tunnels.  

Okoren said mining operations  would erode their riceland. Okoren also found out that tunnels in Mainit went as deep as 16 meters.  

Small scale mining in this part of the town boomed  since  the early ‘70s and the traditional activity practiced many years  ago in other parts of the province.

Small scale mining is an established source of livelihood  for many of the province’s  households.

Mine ores extracted from these mine tunnels are  transported out of Mainit  for sale to “unknown ports” to the prejudice of the government, said the complaint forwarded  from  Okoren’s  counsels-lawyers Pablito Sanidad, Francisca Macliing-Claver, Maan Grace Baguioen and Meshack Macwes.

The complaint also noted that lack of water supply  of  the place was due to  indiscriminate cutting of trees with timber used for small scale mining activities.  

An inspection team was  conducted June this year by MGB  engineer Gilbert Ayugat  accompanied by personnel from the Provincial  Environment and Natural Resources Office (PENRO)  and the provincial Environment and Natural Resources Office (ENRO).

The  15 page petition also charged  respective government  officers  with  continuing mandamus and  permanent  environmental protection to enforce  environmental  laws.

Named in the charges were PENRO  Manuel Pogeyed,   Apil,  ENRO Cornelio Diego, Mayaen, Bontoc   chief of police Benjamin Challoy,  and regional police director Chief Supt.   Benjamin Magalong.

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