PH mining industry now safer: stakeholders

 Mining Trends

Liza Agoot

BAGUIO CITY – An executive of the Mines and Geosciences Bureau (MGB) said the mining industry is now safer due to additional policies to improve the sector. 
    “The industry is very safe. It is the most highly regulated industry in terms of safety, health, community development and environment,” Marcial Mateo, chief of MGB's Mine Safety, Environment and Social Development Division, told the media on the sidelines of the recent 69th Philippine Mine Safety and Environment Association (PMSEA) conference here. 
    He said the MGB does regular monitoring among players to ensure that companies are complying with the rules.
    “We have a monitoring every quarter to see that the mining companies’ annual safety and health program is implemented and that a budget is allotted to ensure it is being implemented. The budget in place is an essential component of the health and safety program because it is impossible to be implemented without funds,” he said. 
    Mateo said personal protective equipment like hard hats and safety shoes, which some workers opt not to use, is part of preventive measures in mining sites. 
    “Companies are careful about having accidents because it is a cause of interruption and will lead to no production,” he said. 
    Louie Sarmiento, PMSEA president, said in a separate interview that the mining industry has about 220,000 direct employees in large-scale mining companies. 
    The number excludes the contractors and those working downstream.  
    Being a huge labor-creating activity, those in the industry endeavor to make safety, health, environment, and community development on top of the list in their operations, he said.  
    Sarmiento said the government’s strict policies and its implementation make the industry better. 
“    If we make safety a priority, our job will be easy and we become more productive because there are no disruptions,” he added. -- PNA  
 

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Mining industry provides 5K jobs in Ilocos Region

ROBUST INDUSTRY -- Mines and Geosciences Bureau officials, headed by Ilocos Regional Director Carlos Tayag (middle) says the mining industry generated almost 5,000 jobs in the region in 2022. The sector posted P2 billion in gross revenues and P93.7 million in taxes, fees, and royalties last year. 

By Hilda Austria 

MALASIQUI, Pangasinan - The Mines and Geosciences Bureau recorded 4,963 jobs generated through the mining industry in Ilocos Region in 2022.
    In a virtual press conference on Monday, MGB Regional Office No. 1 Mine Management division chief Engr. Renato Rimando said the industry in the region is robust as it continues to provide jobs and create wealth in terms of payment of taxes to the local governments and the national government.
    According to the MGB data, the sector posted gross earnings of PHP2 billion last year, from the value of limestone, pebbles, sand and gravel, shale, silica, calcareous sandstone, zeolite, and bentonite.
    The amount of taxes and fees paid and royalties generated amounted to PHP93.7 million.
    "Sand and gravel industry are prime mover in the implementation of infra projects," Rimando said.
    In terms of environmental protection and rehabilitation programs, mining companies spent PHP8.1 million for environmental and rehabilitation programs and PHP10.2 million for social development and management programs, with 62 barangays as recipients.
    Rimando said they have issued 254 mining permits, two for cement plants, and seven for mineral processing.
    MGB Ilocos regional director engineer Carlos Tayag, during same event, said although mining has negative connotations it has benefited the region.
    "Our country is highly mineralized. We have to really develop them as trees and plants in most of the areas being mined cannot live. There are programs on how to rehabilitate the areas," he said.
    Meanwhile, Rimando assured the public that while they intend to open more areas for mining they also consider the rules and regulations before potential areas are put into commercial operations. -- PNA

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NEDA-CAR holds mining gab to mark RDC Week

By Jose V. Costales

BAGUIO CITY -- The Cordillera National Economic and Development Authority held a webinar Sept. 27 which discussed “policy brief preparation for sustainable mining industry practices.”
    This was in observance of 21st Development Research and Policy Month and Regional Development Week celebrated every fourth week of September.
     “The mining industry, which is a sensitive development concern for the Cordillera, should strike a balance between economic benefits and its environmental and social consequences,” said NEDA-CAR regional director Susan A. Sumbeling.
    “The mining industry could serve as an excellent subject for the exercise on writing policy briefs since this can be used as a means of presenting the summary of issues, policy choices, and recommendations.”
    Dr. Shiela Siar of the Philippine Institute for Development Studies (PIDS) said “a policy brief should not be an editorial or an opinion article, but based on facts. This should also be concise to help decision-makers make decisions quickly.”
    Lawyer John Ray Libiran, Dean of the College of Law of University of Baguio, said “mining has one of the lowest contributions to national economic growth, accounting for less than one percent of the country’s economy.”
    He cited review results of the Mining Industry
    Coordinating Council (MICC), which included insufficient to no climate mitigation and adaptation programs, problems with FPIC and royalty payments, short-lived impacts of social development and management programs, miniscule share of LGUs from taxes and challenges in
sustaining economic gains from mining activities beyond the mine’s life.
    Among policies cited to address findings were Mines and Geosciences Bureau (MGB) MC 2018-02 or “guidelines for compliance monitoring and rating/scorecard of mining permits/contracts” and MC 2020-01 “guidelines for care and maintenance program for mining projects” and the Dept. of Environment and Natural Resources DAO 2018-19 or “guidelines for additional environmental measures for operating surface metallic mines” among others.
    The Cordillera Regional Development Council, as the highest policy-making body in the region, said research is a vital tool for fact-based policies.
    To this, the DPRM is bound to recognize vital contribution of policy research to national development and nation-building by virtue of Presidential Proclamation 247 in 2002.
    RDC Week is also observed per Presidential Proclamation 1164 in 1998 to commemorate establishment of the RDCs as key structure for regional planning and for integrated local planning and investment programming to contribute in national development.
 

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Backflip deals happen in damp mine tunnels

LETTERS FROM THE AGNO

March L. Fianza

ITOGON, Benguet -- Last week, I accidentally came across an article about the so-called “responsible mining.” Under another related article, it talked about the effects of mining within indigenous cultural communities (ICCs).
     Coming across these articles was timely since the indigenous peoples of Barangay Ampucao in Itogon are in a bind on how to resolve looming problems concerning the wider operations of the Itogon-Suyoc Resources Inc. (ISRI) which they believe has overlapped their domain.
    In the Philippines, it is public knowledge that about 60 percent of mining operations take place within ancestral domains. In most cases, the operations often proceed without the consent of the affected communities despite mandatory processes required by the Indigenous Peoples Rights Act (IPRA).
     The most common incidents reported in some mining operations in Nueva Viscaya and Mindanao were that IPs became victims of displacement, human rights violations such as arbitrary detention, harassment and demolition of private houses, to the extent that oppositors were killed.
     In other words, displacement of IPs from their ancestral domains was due to mining projects which primarily threatened their indigenous ways of life by intruding into their farms, houses, traditional workplaces and churches.
     It is also common knowledge that mining operations lead to loss of biodiversity, contribute to climate change, cause erosions and sinkholes; pollute air, groundwater, surface water and soil, and cause many negative effects on communities downstream. These are forthcoming conditions in Itogon.
     To minimize the negative effects of mining in ICCs, large scale companies have attempted to be more responsible by employing more acceptable means of operations such as low-impact mining methods by using eco-friendly machines, recycle or reuse mining waste, rehabilitate and improve mining sites.
    In 2014, “responsible mining” was the phrase that was being used to replace “sustainable mining” which was then popular among mining advocates in the 90s but was discredited after its concept became doubtful as it was hardly applicable.
    The new phrase, according to a high school classmate who is now semi-retired from mining after employment in Africa, said “responsible mining” is more acceptable as it involves and respects all stakeholders, lessens environmental impact, and takes into account an impartial share of financial benefits.
    The mining sector, whether private or government, is attempting to peddle “responsible mining” as a new brand in the industry that will answer concerns of environmental destruction and poverty in the host communities. I wonder if this rebranding will improve the volatile situation in Itogon.
    With very recent events that were not so favorable to mining-affected communities in Itogon, reality portrays a picture that is different from how company management and government see “responsible mining”. It could be applied in Africa and in some mining operations in Benguet, but not in Itogon.  
    By the way, some 28 mine operations that were stopped during the time of President Duterte due to violations of environment laws were surprisingly allowed to operate. Since there is unstoppable corruption in the government, there is no way for “responsible mining” to happen in many mining operations in the Philippines.
     In Itogon, particularly in the four sitios of Barangay Ampucao that are believed to be overlapped by the Application for Production Sharing Agreement (APSA 103) of ISRI; many community elders, households and property owners, and small-scale miners have already accepted that they cannot stop the operations of ISRI.
    But they have choices on whether to vote Yes or No on the APSA. Another means of tackling the conflict is by choosing to “excise” and remove the four sitios from the mining operations, or give their “consent” to the company to dig underneath their properties.
    In a voting exercise last September 13, at least 210 voted to give their consent for the APSA. However, nothing was finalized as the event was disrupted by their own barangay kapitan who was understandably on the side of ISRI. Residents who were disappointed by the commotion no longer participated in the voting although 710 voted “No” to APSA in a previous show of hands.
    On September 20, the Memorandum of Agreement (MOA) which was still being questioned was signed despite a petition against the APSA that was received by officials from the National Commission on Indigenous Peoples (NCIP).
     There was no action nor recommendation by the latter to hold an honest to goodness Free and Prior Informed Consent (FPIC) process to make every soul in Itogon be more informed of the plans of ISRI. Nothing. Zero.

Days after the MOA was signed, I was informed that pro-APSA barangay officials held a “victory” party, followed by dinner dates by pro-APSA residents and ISRI representatives at exclusive restaurants in Baguio.

The only reason why some people do not care about the future and welfare of their own community and reverse their stand on an issue is when they are offered bribes that they cannot refuse. Shady deals can make them backflip even in damp gold mine tunnels.

Even at this time, if the opposition takes an active stance and involves the new NCIP officials in their fight, they can refresh their chances of protecting their water sources, their properties and livelihood which should be everyone’s priority concern. Losing hope in getting public attention and eventual help should be the last thing on their minds.

 

 

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Sagada miners fined P1-M; Planet Gold ups extraction

 

SAGADA-  Representatives from  Planet GOLD (Global Opportunities for the Long Term Development), Mines and Geo Sciences Bureau (MGB), Bangko Sentral ng Pilipinas (BSP), local governments units of Sagada Municipality and Mountain Province, National Commission on Indigenous Peoples (NCIP) pose with small scale miners of Sagada and Besao following their  forum here at  barangay Bangaan. (Gina Dizon) 

By Gina Dizon

SAGADA, Mountain Province --  Fined for P1 million by residents downstream for using mercury in their gold extraction in 2001, the Northern Barangays Sagada Small Mining Association (NBSMA) has returned to manual method now improved with centralized gold extraction  facility availed from Planet GOLD.
    This with the conduct of a regional artisanal forum with Planet GOLD (Global Opportunities for the Long Term Development) for  Artisanal and Small Scale Gold Mining (ASGM), Mines and Geo Sciences Bureau (MGB), BangkoSentral ng Pilipinas (BSP) and  small scale miners of Sagada and Besao here at barangay Bangaan last Sept. 19.
    Planet GOLD project manager Abigail Ocate said further gold extraction shall be done in partnership with Loakan Itogon Pocket Miners Association (LIPMA).
    NBSMA’s manual method recovers 60% from the nava (gold ore) with the remaining 40% remaining stuck in the mine tailings subject to extraction by LIPMA in their processing plant.
    Planet GOLD shall assist LIPMA to increase its gold extraction process, Ocate said in an interview.
    Planet GOLD aims to make small scale gold mining safer with the non-use of mercury and cyanide and let small scale miners gain from responsible mining.
    Planet GOLD is funded by the Global Environment Facility (GEF) and implemented by the United Nations Industrial Development Organizations (UNIDO) and the United Nations Environment Program (UNEP) in partnership with the MGB and the Department of Environment and Natural Resources (DENR).
    Aside from NBSMA, Planet GOLD also partners with small scale miners of Paracale, Camarines Norte in the same project though Paracale miners make use of amino acid in their gold extraction.
    Small scale miners from northern Sagada have since then been doing manual extraction since folks from downstream Tetep-an then accused northern Sagada  miners  from polluting Amlosong River where the latter source their irrigation water.
    Villagers from Tetep-an complained of river fish having been killed and their rice produce having decreased due to mine tailings and mine waste directly flowed to the river.
    For quite some time, NBSMA transported its mine tailings to LIPMA and sold to other buyers.   
    Processed gold ready for market is sold in the black market.
    More than 90% of informal gold production  is sold in  the black market and eventually reaches  China, lawyer Noel Malimban regional director of  BSP  said.
    Studies say undocumented exports of gold are sent to Hongkong, Malimban added. 
    The BSP can only buy gold from mining associations registered as Minahang Bayan and has mining contract with the DENR.
    One of BSP’s gold buying station is available in Baguio City.
    Four others are located in Davao, Naga, Zamboanga and Quezon City.
    One gram of gold is purchased now at P3,518 as of press time.
    Eighty percent of the BSP’s gold reserves come from small scale mining with $13.3 million  gross production value from SSM, a leaflet from Planet Gold reveals.
    Malimban said large scale mining companies sell gold anywhere.
    Malimban said major contribution of small scale miners to the national economy when gold is sold to the BSP is the increase of  gold  international reserves  and the country’s consequent  decrease on dollar exchange.
    Selling gold to BSP is advantageous to the country’s economy with gold serving as reserves in case of financial crisis.
    Malimban encouraged small scale miners to register their organization with the government, secure a mining contract and thus be able to sell gold to BSP.
    Not only is formal registration of a mining association beneficial to the country’s economy but also to local communities concerned.  
    Apil in said forum noted that with duly registered Minahang Bayan and  mining contract  of small scale miners lets revenue generation  of the host barangay  have a share of 40% from taxes paid though the provincial government, the province getting 30% and the municipality with 40% share.
    That is, if  the source is legal the seller being duly registered as a Minahang Bayan  and has a mining contract awarded  by the  Provincial Mining Regulatory Board composed  of representatives from  the MGB-DENR, ProvinciaL LGU, small scale miners, big scale miners and private organization.
    There are some 250 small scale miners from Mountain Province registered with the MGB out of some 2,050  from the Cordillera with half of the total number from Benguet.
    Mountain Province has small scale miners from Mainit, Bontoc;  Laylaya, Besao; Mabalite,Tadian;  and Fidelisan, Sagada.  
Small scale miner Cornelio Pagada from Laylaya, Besao hoped that Mountain Province buy gold  to eventually sell to BSP and for individual miners to be travelling to Manila or elsewhere to sell their gold production.
    In response to Pagada’s aspiration, Malimban in an interview said it is possible if the operation is cost effective vis a vis gold production.
    As it is, only the NBSMA from Mountain Province is registered and with a mining permit. 
Only NBSMA and LIPMA  among duly registered  13 Minahang Bayan of the region are the only two mining associations  granted  mining permits by DENR  having complied with the requirements. 
    A Minahang Bayan permit is given a contract of two years  in order to legalize its operations. A legally registered miners organization is given an Ore Transport Permit (OTP) in order to have its gold ores/mine tailings  transported for processing.
    Otherwise if not, transported ore/tailings are intercepted  along the way and confiscated by the DENR.
    NBSMA’a permit is on the process of renewal.
    A major agenda of the small scale miners groups here during the forum is their renewal or registration as Minahang Bayan.
Small scale mining in this northern part of town was done in the early  70s with the usual  traditional ‘tiktik’ method using  pick and shovel and  developed to the high tech  jackleg, compressors and  blasting  equipment in the ‘90s and made full blast in the  years 2000.
    Water-powered ‘gilingan’ (milling equipment) was done and mercury was used to separate the gold dust from the gold ore. Gold extraction  used  gosgos method where pounding  was  done  in  a mortar with spiked nails  and by the process of  ‘gosgos’ on a rock called ‘molingan’. 
    In the mid ‘80s to the  ‘90s, blasting  equipment was initiated and lamps were used as light in exploring the tunnels. Spot lights came years after followed by  electricity-lighted tunnels in the ‘90s. Mechanized equipment such as jacklegs and compressors became a need to compensate for the time spent in searching for or pursuing  a gold vein.
    But blasting using explosives is against the law. Republic Act 7076 or the Small Scale  Mining Act  refers to small-scale mining as “ mining activities which rely heavily on manual labor using simple implement and methods and do not use explosives or heavy mining equipment;”

    In said forum, officer in charge engineer Theodore Pestano of MGB’s mining technology division said amendments were being formulated   to “respond to  the overarching need  for blasting considering  production  and livelihood.”

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Itogon folks reject MOA for ISRI to mine ancestral lands

By March Fianza and Aldwin Quitasol

ITOGON, Benguet -- Mining residents of at least three sitios namely; Dalicno, Simpa and Lolita of Barangay Ampucao in this mining town averted signing of a memorandum of agreement (MOA) that could have resulted to approval of a pending Application for Production Sharing Agreement (APSA 103) by the Itogon-Suyoc Resources Inc. (ISRI).
    In a petition letter dated August 16, 2023 and addressed to the National Commission on Indigenous Peoples (NCIP) and the Itogon Indigenous Peoples Organization (IIPO), petitioners claimed their sitios were part of the areas inside the ancestral domain of Itogon affected by the APSA 103 of ISRI.
    Donalyn Basilio who acted as spokesperson of the petitioners said the three Ampucao sitios consisted of more than 2,000 individuals.
They feared that their water sources, small-scale mining activities, livelihood, safety of the people and properties would greatly be at risk without proper negotiations.
    A majority of Ampucao residents, particularly those whose households and properties were within the three sitios were insufficiently informed as negotiations through general assemblies and meetings were inadequate.
    To their knowledge, they were still in the process of consultation between ISRI and those concerned.
    The petitioners did not give their consensus approval of the project (APSA) on the grounds that they were not properly informed about the provisions and contents of the MOA.
    Signing of the MOA by representatives of the IPs of the ancestral domain of Itogon, the IIPO, ISRI and NCIP could have pushed through if it was not stopped.
    The proposed APSA 103 project covers 581 hectares that overlaps the ancestral domain of Itogon, particularly barangays Ampucao, Virac and Poblacion.
    If approved in a community consensus, an agreement would be signed that would allow ISRI to explore and develop the areas under a Mineral Production Sharing Agreement with certain conditions. 
    “We believe that our voice as an indigenous cultural community has been neglected since the MOA has been drafted already without the collective agreement of the community of sitios Dalicno, Simpa and Lolita,” the Ampucao residents wrote in their petition-letter.
    Dalicno elders Bonnie Arsi, Juanito Arciba and Ms. Basilio who sought the help of local and national news correspondents said they requested in their petition-letter to the IIPO and NCIP to uphold their rights as IPs of Itogon and ensure that their voices be heard prior to the signing of an agreement.
    The conduct of an FPIC (Free and Prior Informed Consent) with the physical presence of the IPs of the community affected by the ISRI project is required prior to the issuance of a certification precondition by the NCIP, certifying that a certain project does not overlap a part of an ancestral domain area. 
 

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Mankayan ancestral domain and corporate mining

Mining and IP rights

Michael G. Umaming

On July 1, 2023, during the kick-off activity of the 2023 Cordillera Month commemorating establishment of the Cordillera Administrative Region and renewing the call for the establishment of a Cordillera Autonomous Region, Lilia Bugtong, a Kankana-ey elder from the ancestral domain of Mankayan in Mankayan, Benguet, had a poignant message.
“Mannamnama kami ay nan Regional Autonomy et solbarena din problema mi isna Mankayan
(We expect that Regional Autonomy will resolve our problem here in Mankayan),” she said.
    Bugtong, who heads the Mankayan Indigenous Peoples’ Organization (MADIPO), continued: Din problema mi isna et conflict di daga between Lepanto Consolidated Mining Company (LCMCo) ya nan te-eng ay man-ili isna (Our problem here is a conflict of land between LCMCo and the natives of this ancestral domain).
    She said that LCMCo is claiming several settled communities as part of its patented mining areas causing insecurity among the native Kankana-eys whose ancestors were proven to had been in Mankayan since time immemorial or before the coming of Spain.
    LCMCo, founded by American mining prospectors in 1936, had once been a leading producer of copper and gold not just in the country but in the Far East (which includes Southeast Asia).
    Today, the company which remains in operation is showing company decline revealed among others by its largely contractual employees, unmaintained community infrastructures within its
perimeter, and other unaddressed issues with its host AD.
    The once proud mining company has, in fact, become a reason to say NO to Corporate Mining.
    The sinking in Barangay Poblacion, and the huge landslide in Barangay Colalo which the company deny to be related to its operation did not seem to convince people within and outside of the area.
    Other issues that lingers were the illegal dumping of hazardous waste in Barangay Sapid which came outside of Mankayan and the now tailings dam in the tri-boundary of barangays Paco, Cabiten and Colalo which gives the communities spill-scare.
    One resident commented: Embag no way spill yan bayadan da dakami. Tan id Philex kano uray namulta din kompanya yan magay biningay di ili issan multa (Good, if in case of a spill, the community will be compensated for damages. In the case of the Philex mine tailings spill in 2012, while Philex mining company was made to pay heavily, affected communities have not
received a share from the penalty).
    The labor contractualization that is happening in Lepanto also appear to be a big let-down for other areas to open-up to mining. Take these words from a community elder in Tadian, Mountain Province when asked about the intent of a mining company to do exploration in its AD:
    Ay ta abo-abotan da han ili tako? Ala-en da han balitok hadat taynan et mabati tako ay umili ta dedemangen tako han binakas da? Maid ka-a-a-pal hin minas - ed Lepanto et anggay contractual et nan ka-aduwan ay empleyado (So that mining will destroy our community? It gets the gold and leaves us to deal with a damaged land? Nothing is enviable from mining – in Lepanto, we know that most workers are contractuals).
    Other corporate miners are interested to enter Mankayan.
    In a mining tenement map prepared by mining engineer Jimmy Lawana, IPMR of Barangay Tabio and former president of MADIPO, there are twelve mining tenement applications that covers approximately 10,442.7045 hectares, or 74 percent of the AD’s land area of 13,653.17 hectares .
    Of the thirteen, four applications belong to Lepanto; one is a joint operation of Lepanto and Far South-East Gold Resources, Incorporated (FSGRI); and three are private mining claims (Jaime Panganiban, June Prill Brett, Heirs of Brett) with operating agreement with Lepanto.
    The other four are applications by FSGRI; Itogon-Suyoc Resources, Incorporated (ISRI)-APEX; Crescent Mining and Development Corporation (CMDC) and BEZANT and Cordillera Exploration Company, Incorporated (CEXCI).
    CEXCI’s application had been rejected by the Kankana-ey of Mankayan through the Free, Prior, Informed Consent (FPIC) which was concluded in 2021.
    Most of the grievances raised during the FPIC process were grievances with Lepanto making one elder say: New players must not be made to pay the sins of those that came before them.
    The rejection had been appealed by the company to MADIPO but it remains undecided by the AD through the IPO. There were however indications that the IPs of Mankayan will most-likely retain its rejection.
    CMDC, on the other hand, had been embroiled in a controversy also related to FPIC with the Mining Geoscience Bureau (MGB) issuing an MPSA renewal even without the FPIC process. CMDC’s MPS No. 057-96-CAR expired in 2021.
    Today, CMDC agreed to undergo the FPIC process, though it already got its permit from MGB which the company used to do exploration in Barangay Bulalacao in 2022 causing community members to barricade its site of exploration.
    CMDC’s exploration activity obviously created a conflict among community members with affected individual land claimants coming out with a resolution supporting the exploration.
    It is assumed that if Mankayan AD rejected CMDC, MGB will withdraw the permit issued to the company.
MPSA No. 001-1990-CAR of Lepanto and its subsidiary FSGRI expired in 2015 which entailed an FPIC process.
    Lepanto, however, asserted that the renewal need not undergo the FPIC process and that an arbitration to be facilitated by the Integrated Bar of the Philippines (IBP) is enough.
    The issue reached the Supreme Court, which in December 2022, came up with a decision that Lepanto must undergo the FPIC process.
    FPIC is the way by which the community’s consent is solicited by any company who wants to extract resources from an ancestral domain. It is one of the provision of Republic Act 8371 or the Indigenous Peoples Rights Act (IPRA) which was signed into law in October 1997.
    Mankayan IPs’ decision Mankayan lived with corporate mining for almost a century.    
    While its people have real grievances against it, there are AD claimants employed by the company or have benefitted from it.

    But Mankayan is also a farming town. Most of its populace are into vegetable farming and looks at mining as a threat to water that sustains their farms.
    In a 2021 data provided by the agriculture office of Benguet, the town is the second-most producer of vegetables in Benguet (the Cordillera’s number one producer of vegetables) producing 7,671.76 metric tons next only to its neighboring town Buguias, which produced 10,280.39 metric tons.
    Another sector whose voices are still unheard are the private miners. Many of them think in terms of “itulok tako di exploration ta ammowen tako no wada di karga na. No umey is production satako pay adi ipalubos ta datako di mangminas (Let us allow exploration so we will know if there is gold inside. Then when they do FPIC for production, we should say NO so that we will be the one to mine the gold). This of course can be problematic knowing big companies are more scheming and can get the side of the government including agencies supposedly for the IPs.
    So should the whole of Mankayan be under corporate mining? Or just part of it through proper zoning? Or shall it totally close itself to corporate mining?
    The decision belongs to the native Kankana-ey of Mankayan, hopefully free and informed. And with consideration of their collective interest including their children and their children’s children.
 

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BSP buys more gold from Didipio Mine

OceanaGold Philippines Inc.’s Financial Accounting Superintendent Hesther Bahiwag, lawyer Karina Dulinayan, President Joan Adaci-Cattiling, and CEO Gerard Bond with BSP Gov. Felipe Medalla, Senior Assistant Gov. Edna Villa, Deputy Gov. Mamerto Tangonan, Managing Director Rosabel Guerrero, Deputy Governor Bernadette Romulo-Puyat, Currency and Securities Production Department Officer in Charge Sarah Severina Curtis, and Mint and Refinery Operations Director Erizelle Linaban. 

By Leander C. Domingo

OCEANAGOLD Philippines Inc. (OGPI) has offered to increase its gold sales to the Bangko Sentral ng Pilipinas (BSP). OGPI operates the Didipio Mine in the Nueva Vizcaya and Quirino provinces area under a financial or technical assistance agreement (FTAA) with the Philippine government.
    OceanaGold's offer to sell more gold to BSP was in response to BSP Governor Felipe Medalla, who underscored the central bank's commitment to responsible gold sourcing and sound reserve management.
    According to the central bank, Medalla made this declaration at the courtesy call by OceanaGold President and Chief Executive Officer Gerard Bond at the BSP last month where he offered to increase its gold sales to the BSP.
    In May 2022, the BSP and OGPI signed an agreement that will offer at least 25 percent of OGPI's annual gold production to the BSP at fair market prices.
    The BSP said the central bank buys gold from both small- and large-scale miners operating in the Philippines. The BSP said its gold holdings form part of the country's gross international reserves which support economic activities and serve as a buffer against potential adverse impact on the economy.
    An FTAA is a permit issued to a multinational company sharing technology and resources to explore and extract minerals in the Philippines.

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Lawyer, groups hit NCIP for easing FPIC on Benguet mine

By Sherwin De Vera

BAGUIO CITY – Indigenous peoples' rights advocates and an environmental group questioned the decision of the National Commission of Indigenous Peoples En Banc (CEB) to ease the Free Prior and Informed Consent (FPIC) process for a mining company in Benguet.
    A CEB resolution dated March 16 stated the agency would apply Section 24 of the Revised FPIC Guidelines, which refers to non-extractive and small-scale activities, for Benguet Corporation's Certification Precondition (CP) application for its special mining permit (SMP) in Virac, Itogon in Benguet.
    The document said the Cordillera regional office presented the company's application with the request to consider the following circumstances: the SMP is for a one-year operation, renewable for another year; it is in partnership with the community with a 60-40 sharing in favor of the indigenous peoples; and the council of elders' endorsement of the project.
    The CEB noted that "the revised FPIC guidelines is silent on these kinds of application," referring to the SMP.     The body also considered the recommendation of the Legal Affairs Office and Ancestral Domains Office.
NCIP issues CP to attest that project proponents have undergone the mandatory FPIC and received the community's consent.
    But for lawyer and IP rights advocate Mary Ann Bayang, the reason "is not applicable and logical." She added that the period covered and the elders' endorsement do not change the nature of the operation.
    "Mining is an extractive industry, whether small or large scale and should be covered by the regular FPIC process," she said in an online interview on May 22.
    Bayang added that the guidelines is not 'silent,' noting that Section 19, which governs extractive and exploitative operations, does not distinguish between if it is a year or a longer.
    Projects under the provision require a longer and more rigid FPIC process. These include a review of the proceedings from the regional to the national office and deliberation of the CEB before issuing the CP.
    Why ease the process?
    "If we take the regular FPIC process, it might take longer than the period for the operation which is only one year," explained lawyer and NCIP Cordillera director Atanacio Addog on May 19, noting that the resolution was supposed to be an internal document.
    The director said the project will still undergo FPIC, but simpler than the usual process for projects under Section 19. "The company will still have to present the project to the community, they still need to secure the consent and enter a memorandum of agreement before we can issue the CP."
    Instead of being reviewed by the CEB, the regional office will assess the FPIC proceedings and issue the CP. It will then be transmitted to CAR and Region 1 Commissioner Gaspar Cayat for concurrence. After which, it will be forwarded for the confirmation of the chairperson.
    Addog also dismissed fears that the resolution is a bad precedent mining companies can use to circumvent the FPIC process. The lawyer said they would review the CP again after one year and change the process for the FPIC depending on their assessment.
    "BC's situation is different, its winding up its operation, no more large-scale production and it is only the Acupan mines that is operating under the contract mining agreement with the community," he added.
Dangerous precedent
Indigenous peoples' rights and environmental groups called the resolution "dangerous" and a move to "water down" safeguards provided by the Indigenous Peoples Rights Act (IPRA), which mandates the conduct of FPIC for projects inside indigenous peoples' ancestral domains.
    "This is a dangerous precedent. It further erodes the little safeguard the IPRA offers," said Cordillera Peoples Alliance Secretary General Sarah Dekdeken during a May 19 interview.
    Dekdeken said the decision was not unexpected, saying this is not the first time NCIP made questionable decisions favoring project proponents.
    "It is not surprising for NCIP to push for leeway like this to accommodate big business, especially with officials like Cayat and Addog, who are both facing allegations and legal complaints for manipulating the FPIC process," she said.
    Cayat faces grave misconduct and malfeasance complaints filed by indigenous peoples in Sison, Pangasinan, before the Ombudsman. They alleged that he influenced the issuance of the Certificate for Non-Overlap for the renewal of the Mineral Production Sharing Agreement of the Northern Cement Corporation without an FPIC process.
    Meanwhile, Addog is among the respondent in the complaint filed by residents of Kabugao, Apayao. They accused him and personnel of the NCIP Apayao office of manipulating the FPIC for the Gened 1 Dam, a Pan Pacific Renewable Power Philippines Corporation project.
    Meanwhile, Jon Bonifacio, national coordinator of Kalikasan-People's Network for the Environment, said, "The move watered down the FPIC process to facilitate the needs" of the mining company.
    "Across the country, in many projects, the NCIP has routinely run roughshod over the FPIC of IPs and acted as lawyer and facilitator of big mining and other corporations. This last resolution is the final proof of this," 

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Itogon mines uses P70.5-M for projects

ITOGON, Benguet -- Sangilo and Suyoc mines of the Itogon Suyoc Resources Inc. (ISRI) spent more than P70.5 million for the company's social development and management program projects for its host and neighboring communities last year.
    ISRI the past years undertook community activities/services like financial assistance for health concerns, facilities and medical professionals, access and support to local schools, livelihood programs for residents, assistance to socio-cultural activities, and assistance to infrastructure development and facilities improvement.
    Among its community development initiatives in 2022 were financial assistance/sponsorship to community activities like barangay fiesta and IP celebration, various donations to organizations of senior citizens, various electrical supplies and trash bins for various elementary schools, and road signages to Barangay Virac.
    ISRI projects included sustainable environmental management and protection campaigns like reforestation, TSF raising and enhancement project, slope stabilization, regular road backfilling and grading, regular water sampling, construction of filtration and settling pond at L1300 drain tunnel, cleanup of Ambalanga River, hauling/treatment of residual and hazardous waste, implementation of stack emission test, ambient air quality monitoring, and work environment monitoring.
    Some of the plant species ISRI propagates in its nursery are the Benguet Pine, coffee, rain trees, rambutan, avocado and other flowering and ornamental plants, with 3,011 seedlings of Benguet pine, coffee and bamboo donated to several reforestation programs in 2022.

ISRI also collaborated with small-scale miners through its Big Brother Small Brother (BBSB) program. Under this scheme, ISRI's partner organization (usually a cooperative/association of small-scale miners) mines in designated areas within ISRI's tenements, with small miners also undergoing ISRI's standard miners' underground orientation, including safety, security and ISO compliance.

In 2022, ISRI renewed its agreement with the Dalicno Small Scale Miners Association (DaSSMA). Under the BBSB, ISRI remitted P20,594,388 to DaSMMA in 2022.

In 2022, Suyoc Mine's community development programs included providing financial assistance to health facilities/workers, subsidizing the day care worker for the educational support programs, and promoting organic farming and composting. During the two-year exploration period, it spent an additional P788,000 on top of the CDP as part of its corporate social responsibility to its host barangays and neighboring communities, including the Municipality of Mankayan.

At the Suyoc mine site, the environmental work programs focused on land resources and hydrology, and water quality management. Suyoc Mine's nursery propagated pine trees and coffee seedlings for planting in its tenements and donation to local communities. It adopted a reforestation site in Sitio Elizabeth (7 hectares) planted with pine and guava trees.

 

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Mining firm sets P58.8-M for Nueva Vizcaya infra projects

By Leander C. Domingo

BAYOMBONG, Nueva Vizcaya -- A London-based mining firm operating in Barangay Runruno here allotted more than P58.8 million for infrastructure projects in the towns of Quezon and Kasibu in this province and nearby Diffun town in Quirino province.
    Lorne Harvey, FCF Minerals Corp. general manager for operations, said the funding was allocated to 52 infrastructure projects with 31,151 beneficiaries in the three municipalities.
    "The infrastructure projects were funded through the allocated annual Social Development and Management Program (SDMP) for 2022 between the FCF Minerals Corp. and the barangay from the three municipalities," he said.
    The SDMP has a timeline of five years and is funded by the companies themselves by allocating 1.5 percent of their annual expenses.
    Out of this allocation, 75 percent goes to community development, 10 percent goes to the development of mining technology and geosciences, and the remaining 15 percent is for information, education and communication campaign.
    Harvey said geohazard assessments had been conducted on the locations of the projects by the Mines and Geosciences Bureau in Region 2 (Cagayan Valley) headed by Director Mario Ancheta.
    "Recommendations were already incorporated in the program of works prepared in partnership with the Municipal Engineering Office of Quezon, Kasibu and Diffun in Quirino province," he said.
Harvey said they had reached a 96.80-percent physical accomplishment based on the percentage distribution of 2022 completed infrastructure projects.
    He added that the completion of construction and improvement of health-related infrastructure was now at 6 percent, construction/improvement of school-related infrastructure at 19 percent, installation of solar streetlights at 2 percent, support to the promotion of ecotourism at 4 percent, improvement/establishment of agricultural infrastructure at 27 percent, improvement of barangay hall at 17 percent and improvement of road network at 25 percent.
 

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Benguet asks DENR anew to allow small-scale mining ops

By Liza Agoot 

LA TRINIDAD, Benguet – The provincial government is hopeful that small-scale mining activities in the province would be allowed again pending the approval of Minahang Bayan applications.
    "Our constituents are living through mining, many relying on it for survival which makes it impossible to stop them from operating while the Minahang Bayan applications are pending and being processed," Vice Governor Ericson Felipe said in an interview on Tuesday.
    Felipe cited dilemma of the mining associations in obtaining a Minahang Bayan declaration, which he said is tedious and complicated.
    He added the provincial government, in several resolutions, requested the Dept. of Environment and Natural Resources (DENR) to streamline the requirements that was identified as the reason for the delay in obtaining a Minahang Bayan declaration.
    Following the issuance of the declaration, a small-scale mining contract that will allow the association to afford the Minahang Bayan the authority to utilize the same to extract minerals is also required.
    In 2018, the DENR issued a cease and desist order (CDO) for all small-scale mining operations in Benguet and the whole of Cordillera following the massive landslide in a mining community in the town of Itogon that claimed the lives of about a hundred persons.

"Our people engaged in small-scale mining are in a sad plight with their operation being simply tolerated because of the absence of legal status in operation and have to survive thru mining as a livelihood. We hope that the DENR will reconsider soon," he added.

Felipe said aside from agriculture, small-scale mining is also a top source of income and job generator in Benguet. -- PNA

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‘Uncollected tax from NV mining firms can fill P300-M budget deficit’

By Leander C. Domingo

BAYOMBONG, Nueva Vizcaya -- Officials here said the uncollected excise tax share of the province paid by two large-scale mining companies to the national government can fill the more than P300 million budget deficit gap next year.
    The province is host to foreign-based OceanaGold and FCF Minerals Corp., mining firms operating under a financial or technical assistance agreement or FTAA, and which have been paying their excise taxes to the Bureau of Internal Revenue (BIR).
    The Australian OceanaGold operates the Didipio Gold and Copper Project in the upland village of Didipio in Kasibu town while the British FCF Minerals operates the Runruno Gold-Molybdenum Project in Runruno village in Quezon town.
    The Provincial Treasurer's Office headed by Rhoda Moreno said the province's share from the excise taxes paid by these mining companies to the Bureau of Internal Revenue (BIR) is a major source of funds to augment the budget deficit gap estimated at over P300 million in 2023.
    Moreno said the provincial government is bound to collect its P56.8 million net share of the excise taxes paid by the FCF Minerals Corp. from 2016 to 2022 and P91.7 million net share from OceanaGold from 2018 to 2022.

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3 trapped miners in Itogon tunnel rescued

ITOGON, Benguet -- Three miners were rescued after being trapped at a private mine in Sitio Pukis, Ampucao here last week.
    Itogon police said in a report the miners were trapped when soil eroded inside the tunnel on July 22.
Police did not identify them in the report.
    The trapped miners were rescued and were in good condition but were brought to the Sto. Nino Hospital in Philex Mines for medical consultation.
    They are now back with their families.
    The rescue was conducted by police, Philex personnel and community folks.
    Following the July 27 earthquake, authorities warned small scale miners here to desist from entering tunnels as these could collapse anything during tremors.  
    Reports said small scale mining here temporarily stopped following warnings.

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Mankayan folk barricade mining firm; NCIP says CMDC permit expired

MANKAYAN, Benguet -- Barangay officials and elders of Barangay Bulalacao here are still manning a barricade to block drilling activities of  Crescent Mining and Development Corporation (CMDC).
    Bulalacao folk said the company cannot conduct drilling activities because its Mineral Production Sharing Agreement (MPSA) expired last year.
    In a June 17, 2022 letter to CMDC president engineer Ronnie B. Siapno, National Commission on Indigenous Peoples (NCIP)-Cordillera Administrative Region (CAR) regional director Atanacio Addog said the company has to undergo free prior and informed consent (FPIC) process for renewal of its expired MPSA.
    The Mines and Geosciences Bureau (MGB) Cordillera on Dec. 31, 2021, endorsed to its central office renewal of MPSA-057-96-CAR of CMDC after Addog issued a Dec. 7, 2021 certification interposing “no objection” to renewal of MPSA to CMDC provided the company "commits to complete the FPIC process.
    Barricading errant mining companies had been a practice in Benguet over the years.
    These included anti-open pit mining barricade in Itogon in the 1990’s, against Gold Field in Tabio, Mankayan in 2011 that lasted for a year, and now against CMDC.
    In the case of Bulalacao, this is the second time they barricaded against mining companies.
    The first Bulalacao barricade was in 1999-2000 which stopped Lepanto Consolidated Mining Company’s (LCMC) drilling operation.
    The CMDC is a Filipino corporation conducting mineral exploration in 534 hectares land area covering barangays Bulalacao and Guinaoang in Mankayan, Benguet as per MPSA no. 057 granted to them in 1996.
    They are partnered with multinational companies for this mining project in Benguet.
    This year in March 2, terms of the MPSA were renewed per Department of Environment and Natural Resources (DENR) order.
    Residents of Bulalacao, however stood by their claim that no FPIC process was conducted for its renewal and no consent was given for drilling activities of CMDC, hence the barricade.
 

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IPs oppose mine ops; Vizcaya mine workers fear losing jobs

By Leander C. Domingo

QUEZON, Nueva Vizcaya -- More than 1,500 workers mostly from different tribal groups working for the Runruno mining operations staged a peaceful rally on June 28 to express their fear that they might lose their jobs as the company is on the verge of closing down operations because of resistance from indigenous people (IP) and other land settlers within the mining area.
    Joey Dulnuan, Runruno Friends of Highland Group Union president, said FCF Minerals Corp. has about 90 percent of its workforce belonging to the IP sector and has expressed intention to shut down its operations which, in turn, could also displace its workers, including those contractors and subcontractors.
    Dulnuan noted that the company could not work on the stage three access area of Runruno because of the land dispute that has yet to be settled recently.
    He said mining operations in stages one and two, according to the mining department, have been completed except for a small part of stage two where stage three is strategic access to complete the company's operation in stage two.
    In a letter dated June 27, the union brought to the attention of Mayor Dolores Binwag their concern for fear of a possible closure of FCF's operation because the company has exhausted all its remedies to proceed in its mining area, particularly stage three being occupied by the claimant IP family.
    "We would like to bring to your attention our concern that we are terrified of the possible effect [if] the FCF mining company [closes]. The local workers are worried [of] what will happen [to us] if the company will close since stage one and stage two [are] mined out already," Dulnuan said.
    He said this is the reason why they are conducting the "peaceful demonstration" on June 28 to show their support for the continued operation of FCF Minerals for the development of their community as well as the provision of employment.
    "Some 5,000 individuals, mostly belonging to the Indigenous peoples' group, composed of workers and their families including contractors and subcontractors, will lose jobs and livelihood, children deprived of education and will stop community development if the company closes as an option," Dulnuan said.
    According to the Mines and Geosciences Bureau (MGB), FCF Minerals Corp. is a holder of a 25-year financial or technical assistance agreement (FTAA) issued in 2009, giving it the exclusive right over the mine contract area consisting of more than 3,000 hectares located in Runruno village.
    Meanwhile, James Carmichael, FCF Minerals country manager, affirmed that they have been delayed for more than two years now and couldn't proceed with their operation because of the resistance at stage three of the mining area.
    In a statement, FCF noted that despite compliance with all the requirements by the company allowing it to enter the lands within the contract area under its FTAA, the settlers still refuse to vacate, leaving the company no option but to halt its operation if remedies have been exhausted and that nothing more can be done.
    Engineer Mario Ancheta, Mines and Geosciences Bureau (MGB) Region 2 (Cagayan Valley) director, said FCF has been in the commercial operation period of its FTAA and needed to use stage three within the contract area for its continued mining operations.
    As early as 2015, the FCF Minerals commenced negotiations with the settlers for compensation, but the company claims the settlers are demanding "exorbitant fees."
    Because of the failure of the negotiations, FCF Minerals in the same year requested MGB Region 2 to allow its entry into the mining contract area where stage three is located to conduct its mining operations.
    On Jan. 8, 2019, FCF Minerals applied for the bond to enter the said area, which is a public land, by posting the amount of P500,000 which the MGB Region 2 approved.
    Ancheta explained that the approval of the bond allows FCF Mineral's entry to operate within the subject public land, particularly at stage three, which is occupied by the settlers.
    The land valuation and assessment made by the Mine Management Division dated Aug. 3, 2015 on the settlers' property placed it at P320,010 which makes the bond of P500,000 more than enough to cover the possible damage to the pieces of property and compensation for the settlers, according to the MGB.
    The union said despite FCF Minerals' compliance with all the requirements of the government-led MGB, the settlers still refuse to vacate the contested mining area.
    "This is what we, Indigenous Peoples, who work at FCF fear. If the company stops, we will lose our jobs and we don't want our village to turn into a ghost town, slowing down economic development," Dulnuan said.

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Vizcaya IPs assail mine firm for forcible entry into their property

QUEZON, Nueva Vizcaya -- Indigenous Peoples (IPs) here assailed what they called forcible entry of a mining company into their private property without their consent and consultations with affected communities in violation of laws, rules and regulations.
    A source, who requested anonymity for fear of reprisals and for security reasons, alleged that FCF Minerals Corp. started its development activities in Barangay Ronrono, particularly within Stages 3 and 5 of the mine site, when it excavated an area approximately 30 meters long and 10 meters wide that caused significant damages to agricultural crops of the IPs and other reported damages to their private property in the area.
    The source said there was no formal agreement between the affected IPs and the company for the latter to enter their property.
    The source said company personnel and heavy equipment were escorted by members of the Provincial Mobile Force Company and the Philippine Army.
    Affected IPs and families reportedly submitted a complaint letter to FCF Minerals Development Corp. asking the company to stop its mine development activities in the area until their complaints have been settled, but this reportedly was not heeded by the mining firm.
    Early this month, the source said the company also entered the same contested area with heavy equipment and excavated another portion 20 meters long and 20 meters wide in a private property with the assistance of police and military.
    This reportedly made affected IPs and their families at Sitio Tayab to barricade their private property.
 

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'Responsible mining priority' – DENR exec

 By Vince Jacob Visaya

TUGUEGARAO CITY -- An official of the Dept. of Environment and Natural Resources ordered key officials of Region 2 (Cagayan Valley) to ensure the cleanliness of water bodies and mining companies' compliance with policies.
    "We have to give importance to the cleanliness of all waterways. Let us take this seriously," Undersecretary Juan Miguel Cuna told the DENR regional officials in the recent management conference held in Santiago City, Isabela.
    Cuna said the government's efforts in the rehabilitation of the famous Boracay Island and Manila Bay should be replicated in restoring other water bodies in the country.
    Citing the accomplishments of the DENR-led Build Back Better Regional Task Force to restore the Cagayan River, Cuna directed the field officials to ensure that no structure shall be established in no-build zones or within the easement areas.
    The DENR official also made a reminder of the agency's obligation to ensure responsible mining.
    "This is a mining region. With the lifting of the moratorium on mining permits, there is a corresponding responsibility for us to ensure that the mining is done properly. We make sure that these mining companies are compliant," the Environment undersecretary said.
    In April 2021, President Rodrigo Duterte signed Executive Order 130, lifting the nine-year ban on mineral agreements to boost the country's economy and to support government projects by providing raw materials for the construction and development of other industries and by increasing employment opportunities in remote rural areas where there are mining activities thereby stimulating countryside development.
    The order directs the DENR to strictly implement mines' safety and environmental policies. It shall also ensure strict implementation of and compliance with the recommended measures of the Mining Industry Coordinating Council involving all mining operations, including other pertinent laws, rules and regulations, and the terms and conditions of the mineral agreements.
    During the regional management conference, the status of the Forestry Master Plan, Philippine Biodiversity Strategic Action Plan, and Lands Strategic Plan were presented. The importance of strategic and geospatial planning was also discussed.
    Regional Executive Director Gwendolyn Bambalan said revisiting master plans and knowing the baselines and universe data are necessary for coming up with good plans.
    "We don't just implement. We implement programs toward addressing particular DENR concerns that is why we have to have good plans," she added.
    Bambalan reminded the assistant regional directors, bureau regional directors, provincial and community environment and natural resources officers, and division chiefs regionwide of the order of Environment Secretary Jim Sampulna to strictly observe and implement environmental laws and applicable guidelines in exercising their duties and responsibilities.

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