LRC-Luzon Regional Office

Friday, July 27, 2007

TVI Resources presumes wrongly

Inquirer

Last updated 03:27am (Mla time) 07/27/2007

http://opinion.inquirer.net/inquireropinion/letterstotheeditor/view_article.php?article_id=78992

I read the letter of Rocky Dimaculangan, director for public affairs of TVI Resources Development. (“TVI explains side on Canatuan mining row,” Inquirer, 7/5/07)

He was obviously reacting to the reported human rights violations, which the company has been accused of. In his letter, Dimaculangan defended his employer by attacking me, my tribe and our sacred mountain. Dimaculangan’s letter betrays the mind-set of the mining industry.

TVI has been in our ancestral domain for only 13 years and yet its employees, like Dimaculangan, have readily arrogated unto themselves the authority to identify who our tribal leaders are and which ancestral grounds are hallowed to us. In those 13 years, TVI security forces have declared themselves as the sole authority that can decide on who among the Subanons can “enter” Mt. Canatuan. For example, they ask me to produce a permit or gate pass to enter my own tribe’s domain. They have accosted and hurt my daughter for traversing “TVI roads.”

I understand Dimaculangan’s gall in claiming that Mt. Canatuan is not sacred. One cannot hold something sacred if his pay depends on that something being ravaged. The same holds true for Dimaculangan’s so-called tribal leaders, who he claims gave their consent in exchange for royalties and employment.

Perhaps, Dimaculangan has not been informed that his superiors Yulo Perez, TVI’s vice president for operations, and Feliz Yeban, TVI’s vice president for social commitment, refer to me as “Timuay” (tribal chief), especially now that TVI has applied for a license to expand its operations inside our ancestral domain. Our traditional tribal leadership structure is the one recognized by the National Commission on Indigenous Peoples. As such, our tribal council’s “free, prior and informed consent” is needed by TVI for its planned expansion.

Last June 17, Yeban came to woo our council at the tribal hall of the Apu Manglang Glupa Pusaka, where I hold court as the direct blood descendant of Apu Manglang. In asking for our consent, she asked forgiveness for the human rights violations that TVI committed in the past and promised that such abuses will not happen again.

Dimaculangan should be guided accordingly.

TIMUAY JOSE BOY ANOY, tribal chieftain, Apu Manglang Glupa Pusaka, Barangay Candiz, Siocon, Zamboanga del Norte

Mining out of DENR; now under President's office

By Michael Lim Ubac

Inquirer
Last updated 03:14am (Mla time) 07/27/2007

http://newsinfo.inquirer.net/inquirerheadlines/nation/view_article.php?article_id=78988

MANILA, Philippines -- Add the mining industry to President Gloria Macapagal-Arroyo's hands-on concerns.

Ms Arroyo has ordered supervision of the mining industry transferred from the Department of Environment and Natural Resources to the Office of the President, in a move, she said, "to closely monitor and oversee the efficient and effective implementation of the country's utilization and development of its mineral resources."

Her directive was contained in Executive Order No. 636 dated July 18, which was made public Thursday.

As with other new EOs, Ms Arroyo said, "all issuances, rules and regulations or parts thereof which are inconsistent with this EO are hereby revoked, amended, or modified accordingly."

The President's decision to take a direct hand in the supervision of Philippine Mining Development Corp. (PMDC) is seen as crucial in the development of the industry.

The Philippines ranks fifth among the countries rich in mineral resources.

Mining activities, already on the uptrend, are expected to further increase next year with more foreign investments coming in.

This year alone, some of the world's biggest mining players have invested a total of $500 million in mining in the Philippines.

These firms and their investments include: Atlas Consolidated Mining and Development Corp., $100 million, Oceana Gold Ltd. of New Zealand and Climax Arino Mining Co. of Australia, $100 million, and Coral Bay Nickel Corp., $100 million (to expand its Rio Tuba operations in Palawan).

Responsible mining stressed

The PMDC is a government-owned and -controlled corporation with the primary task of "exploring, developing, mining, smelting and producing, transporting, storing, distributing, exchanging, selling, disposing, importing, exporting, trading, and promoting gold, silver, copper, iron and all kinds of mineral deposits and substances."

The Arroyo administration has stressed that environmental laws would not be compromised in the development of the country's mineral resources, and that responsible mining was key to sustainable economic growth.

The local mining industry suffered a slump in the 1970s when metal prices in the world market dived.

But with the new surge in the price of metals, the Philippine mining industry is well-positioned to cash in on the price hikes, Malacañang said.

_________________________________________

Highlights of Lafayette Financial Updates:

On a mark-to-market basis, this total hedge position was out of the money in the amount of US$130.875 million as at 30 June 2007.

At 30 June 2007, the Lafayette group had outstanding senior and subordinated debt plus unsecured convertible notes totaling A$150.624 million. The Lafayette group also had undrawn lines of credit totaling A$26.199 million at the end of the quarter.

Tranche "C" Senior Debt

During the June quarter, US$11.460 million was drawn under Tranche "C" of the senior debt facility for the purpose of cash settling base metals forward sales contracts that matured on 29 March 2007 and were settled on 2 April 2007. Since the end of the quarter, a further US$15.525 million has been drawn under the senior debt Tranche "C" facility for application in the settlement of base metals hedges that matured on 29 June 2007 and were settled on 2 July 2007.

Production of metal at Lafayette's 74% owned Rapu Rapu mine increased by 31%during the quarter with 1,721 equivalent tonnes of copper being produced including 689 tonnes of copper, 1,775 tonnes of zinc, 1,442 ounces of gold and 31,045 ounces of silver.

Metal contained in 2,802 dry metric tonnes (DMT) of copper concentrate and 4,114 DMT of zinc concentrate, representing increases of 69% and 39% respectively, compared to production last quarter.

Two bulk shipments of concentrate with a total provisional value of US$8,759,839 were dispatched to customers during the quarter. Funds totalling US$8,901,303 were received under the terms of a stockpile financing facility provided by off-taker, LG International.

Four drill holes of a seven drill-hole exploration program have been completed with all four encountering mineralisation (including17 metres grading 1.0% Cu, 1.4% Zn and 2.6 g/t Au) increasing potential for a westward strike extension of the mineralisation currently being mined in the Ungay Pit.

Base and precious metals price hedge contracts maturing on 29 June 2007 were cash settled on 3 July 2007, and rescheduled respectively.

Share Purchase Plan successfully completed raising the sum of $4,727,963 for working capital purposes.

Thursday, July 26, 2007

Gov't tightens monitoring of exploration, utilization of RP's mineral resources

http://www.pia.gov.ph/default.asp?m=12&fi=p070726.htm&no=12&r=&y=&mo

Manila (26 July) -- To ensure close monitoring by the government of the development and utilization of the country's mineral resources, President Gloria Macapagal-Arroyo has ordered the transfer of the supervision of the mining industry from the Department of Environment and Natural Resources (DENR) to the Office of the President.

The President's directive was contained in Executive Order (EO) 636 dated July 18.

"In order to closely monitor and oversee the efficient and effective implementation of the country's utilization and development of its mineral resources, there is a need to transfer the Philippine Mining Development Corporation from the Department of Environment and Natural Resources to the Office of the President," EO 636 said.

The order also stated: "All issuances, rules and regulations or parts thereof which are inconsistent with this EO are hereby revoked, amended, or modified accordingly."

Before the issuance of EO 636, the Philippine Mining Development Corporation (PMDC), formerly the Natural Resources Mining Development Corporation (NRMDC), under the DENR, exercised supervision over the mining sector.

The Arroyo administration has stressed that environmental laws would not be compromised in the development of the country's mineral resources.

The PMDC is a government-owned and controlled corporation (GOCC) with the primarily task of exploring, developing, mining, smelting and producing, transporting, storing, distributing, exchanging, selling, disposing, importing, exporting, trading and the promotion of gold, silver, copper, iron and all kinds of mineral deposits and substances.

Mining activities, already on the uptrend, are expected to further increase next year with more foreign direct investments flowing into the country.

This year alone, some of the world's biggest mining players have invested a total of $500 million in the Philippines mining sector.

These mining firms include the Atlas Consolidated Mining and Development Corp., $100 million; the joint venture of Oceana Gold Ltd of New Zealand and Climax Arino Mining Co. of Australia, $100 million, and the Coral Bay Nickel Corp., $100 million to expand its Rio Tuba operations in Palawan.

Responsible mining has been touted by the Arroyo administration as the key to sustainable economic growth. The Philippines is the world's fifth most minerals- endowed nation.

The local mining industry suffered a slump in the 1970s when metal prices in the world market dived. But with the new surge in the price of metals, the Philippines mining industry is well-positioned to cash in on the price hikes. (OPS)

Environmentalists Say GMA Leaving Legacy of Destruction

Environmentalists Say GMA Leaving Legacy of Destruction

By Reinir Padua

Malaya

26 July 2007

An alliance of environmentalist activists said the country is "moving towards environmental destruction."

At a gathering yesterday, environmental groups presented their own "State of the Nature Address," saying "a devastated environment" will be Arroyo's legacy.

The alliance, calling itself Convergence for Safe Food, Healthy Environment and Sustainable Economy, is composed of Greenpeace Southeast Asia, Miriam College's Environmental Studies Institute, the party list Akbayan, Alyansa Tigil Mina, Junk JPEPA Coalition, and Ecological Waste Coalition.

In their "SONA," the groups said Arroyo's track record "shows her low regard for the environment."

They pointed to government's move to revitalize the large-scale mining industry, which they said is done at the expense of the environment and the rights of the indigenous people.

"GMA wants to make mining her administration's engine of growth," the groups said.

They also said the Japan-Philippines Economic Partnership Agreement Signed by the President in Finland will open the floodgates for the entry of hazardous waste from Japan under the guise of "recyclables."


The groups also cited the conversion of a number of forestlands as alienable and disposable in preparation for the entry of mining companies.

They said there are also disturbing reports of "more anti-environment initiatives" like the planned housing project in the La Mesa Dam reservation, government's consideration of putting up a nuclear power plant, and the appointment of former Manila Mayor Lito Atienza as environment secretary.

"Is GMA declaring a state of war on the environment?" they asked. The groups called for the scrapping of the Philippine Mining Act; a moratorium on large-scale mining operations,; junking of the JPEPA; mandatory labeling of products containing GMOs; and moratorium on new releases of new GMO products.

WHAT CAPACITY BUILDING MEANS IN MINING COMMUNITIES

Cielito C. Goño

Intersect

July-September 2006

Volume 21, N° 3

Pages 23-29

How do we build the capacity of mining communities? Residents of Homonhon and Manicani Island in Eastern Samar say livelihood opportunities and a voice in governance are just some of the ways to boost their communities.

What does "capacity building" mean, concretely? For communities that host mining projects, what does it entail? In a focus group discussion with representatives from local grassroots groups in Eastern Samar's mining towns, several themes were repeatedly raised. This article discusses two of these: they want livelihood opportunities that would diminish their communities' dependence on mining for income, and they want the outcomes of local elections to reflect their true sentiments on mining.

Diversifying Livelihood Sources

There are several reasons that together make mining communities feel pressed for more livelihood opportunities.

The quality of employment made available to residents of mining towns is not very high. Mining companies source mostly unskilled manual labour from the villages that host their operations. Because of limited employment opportunities, the market for unskilled labour in many poor villages is a buyer's market. Mining companies are not under much incentive to boost labour benefits. Thus, many workers in open-pit mines are casual or day labourers. In a focus group discussion with members of the Save Manicani Movement in July 22, 2006, a resident of Manicani Island in Eastern Samar described their employment experience in Hinatuan Mining Co.: "May binibigyan sila ng trabaho pero temporary lang at mababa ang sahod. I-hire ka for two weeks, may mga salary deduction para sa Social Security System (SSS) na sa karanasan ng marami, hindi naman nire-remit. Kaunti lang ang trabaho kaya rotation ang ginagawa nila, rotation hire na one to four weeks lang (The company hires some of us, but only on a temporary basis and with low wages. You will be hired for two weeks and they make salary deductions for SSS, but there have been complaints these deductions were not remitted. The number of jobs is limited, so what they do is rotation, they hire labourers for one to four weeks only)."

An open-pit mine could drive down agricultural output with its high water demand that could significantly tax local water tables over time, and with the damage that mine tailings inflict upon farmlands, pasture areas and fishing grounds. Many host communities of mining projects depend on crops, livestock and fishing for livelihood. The more information they have, the stronger the association that local residents make between the threat of environmental damage from mining on the one hand and agricultural productivity on the other, the more vulnerable they would feel as mining projects proceed, and the more desirous they would be of other sources of income.

Mining projects have not normally spurred much local employment that could outlive the life of a mine. When mining companies finally leave their host communities for one reason or another, local populations could find themselves at risk of having no economic leg to stand on. Former mining areas of the Philippine Pyrite Corp. in Bagacay, Western Samar, and of Marcopper in Mogpog are among the examples in the Philippines alone. The more uncertain communities are of their incomes after mining projects have run their course, the more that people in these communities would see the need to diversify their income base.

Residents of mining communities who are more informed of the advantages and perils of hosting mining operations, want to be more able to choose employment in open-pit mining projects as an option, rather than a necessity. Livelihood projects that spur employment opportunities outside of mining, would allow a mining community to spread its risks among sources of income other than mining and agriculture. This would allow the populations in these villages a greater sense of economic security. Says another resident of Manicani, "Kahit yung mga nagtatrabaho sa mina, ginagawa lang nila yun dahil walang ibang pagkakitaan. Kung meron lang sana, wala talagang magtatrabaho sa Hinatuan. Kailangan namin ng pondo para sa una, halimbawa magbigay ng isang kalabaw sa bawat barangay, para ang mga tawo, mananom. Habang hindi pa nakaka-ani, kailangan naming mangisda. Kaya kailangan din hin pamalit hin mga gamit sa pangingisda. Ang uban, kinahanglan pumpboat. Ang uban, kina hang Ian net. Ang uban, kinahanglan lang hin pang-repair hin lambat. Yung iba ang kailangan lang ay gas sa pumpboat. Iba-iba ang pangangailangan ng bawat isa. Kaya ang livelihood assistance ay hindi pantay-pantay para sa lahat. Yun talaga ang kailangan namin dito, kabuhayan. Halos wala namang may anak na OFW dito, kaya wala ring pumapasok na pera mula sa labas (Even those of us who work at the mine only do so because there is no other source of income. If only there was, no one would really work for Hinatuan. We need funds to farm, perhaps a carabao should be given to each village, so that the people there [could have a farm animal to share and] plant crops. While there is no harvest, we need to fish. And so we also need money to buy what we need to fish. Some people need a pump boat. Some of us [have boats and only] need nets. Some of us need only to be able to repair their nets. Some [have both boat and net but] cannot afford to gas their pump boat. Each person's needs are different. And so the livelihood assistance necessary is not the same for everybody. That is really what we need here, livelihood. Hardly anyone here has a child who is an [overseas worker], and so there really is no money coming in from the outside)."

The ability of their host communities to diversify sources of income is a double-edged sword for mining companies. On the one hand, the development of alternative sources of livelihood in their host communities has become part of the palate of options for corporate social responsibility. This is strategically important in building a company's reputational capital and social acceptability, both within and outside its host community. A mining company that broadens the income base of a community through livelihood projects, fosters the stability of its operations by nurturing good relations with its hosts and strengthening its base of support. This is an important concern, considering that mining can be a severely divisive issue in many communities. On the other hand, when these communities successfully spread their risks among different economic activities, their need for employment in mining could actually decline. Communities would be less inclined to wager the environment and the unity in their families and villages, when there are less contentious ways of making a living, and they are more able to say no to mining. Thus, greater economic freedom for their host communities could actually create negative incentives for mining companies.

The reverse may be argued for the inability of populations in mining areas to tap varied means of livelihood. Under such conditions, mining companies could draw their own stability from their host communities' lack of options. This lack of livelihood choices would secure the support of local politicians who need the mining projects in order to generate revenues, of policy makers in the national government who need mining not only to generate revenues but also to boost Gross Domestic Product (GDP) and thereby help parry the questions regarding President Arroyo's legitimacy, and of those employed by and directly benefit from the mining companies. Weaker economic freedoms for mining communities can create positive incentives for mining companies.

Given the mixed incentives confronting mining firms and the state, the role of taking on the problem of livelihood diversification in mining communities could actually rest squarely on the shoulders of civil society groups including funding agencies, local diocesan social action programmes, and other NGOs that could facilitate credit and other relevant interventions.

Strengthening Electoral Participation

Mayors may be the key gatekeepers to mining resources in the Philippines. This was what I found upon visiting Homonhon and Manicani Islands in Eastern Samar, where mining companies are actively supported by the mayor of the municipality of Guiuan. This, despite the 2003 Provincial Ordinance that declared an indefinite moratorium on large-scale mining in the whole province. This holds interesting implications for local electoral politics in municipalities all over the Philippines that are the planned sites of mining projects.

The Philippines has severely conflicting national policies governing the use of its natural resources. One area of conflict is its mining versus environmental protection laws. On the national level, the 1995 Mining Act upturned Philippine mining policy from one of tolerance to active promotion, while under the 1992 Network of Integrated Protected Areas Act; protected areas are closed to mining.

This has translated to conflicting local policy applications. In Samar, for example, 41 mining companies reportedly hold claims that fall within the Samar Island Natural Park (SINP) established in 2003 by Presidential Proclamation 442. The SINP area overlaps with a declared Bauxite Mineral Reservation. There is also interest in chromite and nickel extraction within SINP. In the southernmost end of Samar, the Guiuan Protected Seascape defined in Presidential Proclamation 469 of 1994, overlaps with areas that experience siltation from the operations of Hinatuan Mining Co. in Manicani Island, and of Heritage Resources & Mining Corp. in historic Homonhon.

In the face of conflicting national policies, the different local government tiers seem to have free rein on which policies to uphold instead of others. For example, in October 2003, the Eastern Samar Provincial Board passed an ordinance declaring an indefinite moratorium on large-scale mining in the province, upholding the policy of environmental protection over that of mining promotion. However, Guiuan Mayor Annaliza Kwan does not seem to be bound by this Provincial Ordinance. It is her support that allows and facilitates the interests of mining companies in Manicani and Homonhon.

Mayor Kwan has previously argued that the whole point of continued engagement with mining companies is to draw the benefits that they have promised for the communities that host them. Perhaps she is simply making the best of the situation, considering that the irreparable environmental damage has already been done. On the opposite side of her pragmatism are classic, nagging questions on whether any of these benefits would be worth the continued environmental damage that generally comes with mining (deforestation, dumping of overburden, waste rock and mine tailings, and water pollution from toxic chemicals, acid drainage and silt that cover corals and fish spawning beds).

There is also the question of whether anyone has ever been able to associate mining with the key development goal of poverty alleviation in these islands. The companies have had their hands since the 1980s on chromite and nickel mining claims there, which were secured by other companies before them in the 1970s. If poverty alleviation could be achieved through a mining-led development strategy, perhaps this should be evident by now. Instead, the people of Manicani and Homonhon today typically depend on subsistence-level fishing and farming, as they always have.

Ironically, the anti-mining residents of Manicani and Homonhon actively campaigned for Kwan when she ran for mayor, not knowing she would eventually try a manipulative dance with mining companies, albeit with professed good intentions.

The power of the Guiuan mayor to facilitate the interests of the two mining companies, despite the province-level ban, implies that mining companies could have a heavy interest in the outcomes of elections for mayor where they intend to operate. It is not difficult to imagine how mining industry money can flow to determine such outcomes in its favour.

After several rounds of local elections in which special interests in mining would play a prominent role, it is not difficult to imagine as well how pro-mining local politicians would tend to flourish in their careers and rise to regional and national positions of power. Over time, a larger proportion of the Philippines' elected politicians could have a more decisively pro-mining bias. Mining industry interests would gain greater, more entrenched protection.

In this scenario, it would be wise for pro-environment groups to brace themselves and move towards stronger participation in local electoral politics in order to offset the impact of special mining interests. The mining issue should be built as the determining electoral issue for voters in areas that host mining projects. That is, voters must be made especially aware that they should elect only candidates who reflect their own sentiments on hosting mining projects in their barangay, municipality or province.

Mass media also must respond with more discriminating and intelligent coverage of elections in municipalities and provinces that are the sites of different mining projects. That the emerging scene is one of special interests capturing political power, should not escape the reporters of TV, print and radio who would be sent to cover these local elections.

Ideally, in a strong democracy, electoral outcomes reflect the will of the people. Instead, in many instances, elections become the tools of special interests. If people in a mining area demonstrate informed consent to host mining projects, then let them elect local officials who would facilitate the operations of mining companies. But if local people do not give informed consent and in fact severely oppose mining activities in their localities, then pro-mining local candidates should not win just because their .campaigns are better funded.

Conclusion

Capacity building in mining communities is a politically contentious endeavour. Mining communities are the primary, but not the most powerful, stakeholders of any mining project. Viable options for their livelihood, and electoral outcomes that reflect their interests, redound to their greater economic and political freedoms. To empower them means, essentially, to attack the lack of choice that comes with poverty.

Wednesday, July 25, 2007

DENR shuts down 3 Agusan mining firms; 1,200 jobless

By Ben Serrano
Wednesday, July 25, 2007

http://www.philstar.com/index.php?Nation&p=49&type=2&sec=28&aid=2007072480

TUBAY, Agusan del Norte – Three companies engaged in nickel and cobalt quarrying in three villages in this coastal town of Agusan del Norte have stopped their operations after the Court of Appeals (CA) affirmed the cease-and-desist order which outgoing Environment and Natural Resources Secretary Angelo Reyes issued against them last November.

The CA’s sixth division handed down its decision last July 4, but the Surigao City-based regional office of the Mines and Geosciences Bureau only implemented it last Friday afternoon.

Officials of the three Manila-based companies – S. R. Metals Inc., San R Construction Corp. and Galeo Equipment Corp. – claimed that their shutdown would render some 1,200 mostly local folk jobless.

Engineer Abelardo Magpali, S.R. Metals resident manager, said the three firms, for instance, employed 75 security guards from local security agency Chevron, owned by retired former Caraga police director Chief Superintendent Rene Jamolod Elumbaring.

Peter Dan Punongbayan, S. R. Metals human resources and administrative manager, said his firm employed 500 local workers, while San R Construction and Galeo Equipment had 281 and 257, respectively.

“We have to reduce manpower by 70 to 80 percent so that what will remain is just a skeletal workforce for maintenance, office and environmental work while we await the decision of our higher-ups”, Magpali said.

On March 9 last year, the Provincial Mining Regulatory Board granted two-year, small-scale permits to the three companies to mine cobalt and nickel deposits in three properties totaling 20 hectares in three villages here.

Agusan del Norte Gov. Erlpe John Amante approved the permits after the Environmental Management Bureau’s regional office granted the firms’ environmental compliance certificates.

But local church authorities protested the quarry operations, claiming that they violated environmental laws and might cause disasters, as a multisectoral fact-finding team later corroborated.

This led Reyes to issue the cease-and-desist order last Nov. 24, but officials of the three companies alleged they were deprived of due process and elevated the issue to the appellate court.

Sunday, July 22, 2007

Aussie firm in Vizcaya mining changes name again

InquirerLast updated 06:13am (Mla time) 07/22/2007

http://newsinfo.inquirer.net/breakingnews/regions/view_article.php?article_id=78056

BAYOMBONG, Nueva Vizcaya, Philippines—An Australian firm that wants to conduct large-scale mining activities in upland Kasibu town has changed its name for the second time in nearly three years. Company officials claim the move is part of a corporate packaging strategy.

Australasian Philippines Mining Inc. (Apmi) is now known as OceanaGold Phils., Inc., by virtue of a 2006 merger in Australia between Climax Mining Ltd, Apmi’s parent company, and OceanaGold Ltd, said Ramoncito Gozar, the company’s associate director for communications and external affairs.
“Apmi in the Philippines just sought for a change in name (because) we want the company to be international in a sense, because OceanaGold is better known internationally. It’s just branding,” he said.


OceanaGold is aiming to start its proposed gold-copper project in Didipio village amid opposition from the local communities.

Formerly known as Climax Arimco Mining Corp. (CAMC), the company gained entry into the country through a financial and technical assistance agreement with the government in 1994.

CAMC later transferred the FTAA to Apmi in a 2004 agreement. However, it has failed to start actual mining operations after failing to get the consent of local communities, as required by the Local Government Code of 1991.

The change of name became known early this month when the company tried to start exploration activities in Papaya village in Kasibu, drawing opposition from locals.

Villagers said mining should never be allowed in their area because it has been declared through a local ordinance as a watershed for about 10,000 hectares of citrus plantations in Malabing Valley.

“Geologists came insisting that they no longer needed the consent of the community. People there are confused because we are facing an enemy that is constantly changing its looks,” Prescilla Guilao, Papaya village treasurer, said in the dialect.

She said the people also suspected that rich foreign businessmen were using different corporations as dummies.

Guilao noted that another Australian company, Oxiana Phils., was also granted an exploration permit covering about 5,800 ha in nearby Pao village.

Papaya residents said the change of name was meant not only as a “cosmetic remedy” to boost the company’s image before mining investors, or to evade liability for its previous actions. Melvin Gascon, Inquirer Northern Luzon

Thursday, July 19, 2007

Lito Atienza new environment head

Reyes on 4th Cabinet post as energy czar

http://newsinfo.inquirer.net/inquirerheadlines/nation/view_article.php?article_id=77465

By Michael Lim Ubac, Tina Santos
Inquirer
Last updated 01:17am (Mla time) 07/19/2007

MANILA, Philippines -- A loyal presidential ally once accused of felling a forest in the heart of Manila was appointed Wednesday as environment secretary.

President Gloria Macapagal-Arroyo appointed one of her fierce defenders, former Manila Mayor Lito Atienza, to replace Angelo Reyes.

Reyes will move to the energy department as part of a Cabinet “rigodon” which now appears to be in full swing despite earlier denials from Malacañang.

Executive Secretary Eduardo Ermita said the latest movements were prompted by the resignation of Energy Secretary Raphael Lotilla, who said he wanted to involve himself in more “intellectual” pursuits.

News of Atienza’s elevation as head of the Department of Environment and Natural Resources came as a shock to environmentalists, who dubbed him “the butcher of Arroceros.”

“It’s incredible. This would be a disaster for the whole country because his track record on environment compliance leaves much to be desired,” said Regina Paterno, president of Winner Foundation, a nongovernment organization that is running the Arroceros Forest Park in Manila.

As Manila mayor, Atienza in 2003 enraged environmentalists when he ordered the closure of the Arroceros park to give way to the building of an education office and a teacher’s dormitory, sparking a lawsuit.

Environmentalists wanted the 2.2-hectare park preserved for being one of the few patches of greenery in a badly polluted city scarred with decaying buildings and houses.

Atienza’s successor as mayor, Alfredo Lim, reopened the park to the public after assuming office three weeks ago.

Chit Paterno, a member of Winner, said: “After our experience with Atienza in Arroceros Park, that’s just a tiny city forest, what about tomorrow, the whole country’s natural resources?”

Not a payback

In the Palace revamp, Assistant Press Secretary Jose Capadocia was appointed press undersecretary in place of Isabel de Leon, who resigned in June and migrated to the United States.

“The reason for moving (people in) the Cabinet is only available to the President herself,” Ermita said. “Remember, our dictum in the Cabinet is -- Cabinet members serve at the pleasure of the President.”

Ermita denied the revamp, coming so close after the midterm elections, was a form of “political payback,” telling reporters that Lotilla “has been asking (for it) since last year.”

To demands from the Malacañang Press Corps for an explanation for the latest Cabinet changes, Ermita said: “Look, I thought I’m just doing my duty here by announcing to you some (appointments), but you’re asking me why.”

When reporters persisted, Ermita replied: “Secretary Lotilla since last year has been asking to leave government because you know, he told me, ‘I was sucked into the government for 20 years now.’”

“He wants to take a rest. Don’t you know that he’s single?” said Ermita, eliciting chuckles.

He said Lotilla was not fired by Ms Arroyo for his apparent failure to complete the privatization of National Power Corp. (Napocor), National Transmission Corp. (Transco) and other government assets in the energy sector.

“No, it has nothing to do with failures anywhere,” said Ermita. He told reporters there was no written resignation but that Lotilla had a meeting with Ms Arroyo where he expressed his intention to leave the Cabinet.

Ermita said Lotilla repeatedly called Ms Arroyo to beg for her indulgence, adding that up to the end, Ms Arroyo was “satisfied” with Lotilla’s performance.

Atienza qualified

Lotilla’s name was among the Cabinet members recommended for reappointment by Ms Arroyo after failing to get the confirmation of the Commission on Appointments, Ermita said.

“But he reconsidered, saying he wished if he could be allowed already this time to leave,” he said.

Asked about Atienza’s qualifications, “Why, is there anything wrong about ex-Mayor Atienza?”

“Definitely, the President would not choose a Cabinet member to occupy a certain position if the President thinks he cannot handle that,” said Ermita.

The Union of Local Government Authorities and Governors’ League welcomed Atienza’s appointment.

“We welcome the decision of President Arroyo to appoint Atienza as DENR secretary not only because of his competence and integrity but he will also serve as the voice of the local government units in the Cabinet,” said Eastern Samar Gov. Ben Evardone, spokesperson of the two powerful groups.

Reward for allegiance?

Ermita made it clear that Atienza was not being rewarded for his allegiance to Ms Arroyo, whose controversial acts included banning rallies at the historic Don Chino Roces (formerly Mendiola) Bridge.

“I don’t think so. Every time an appointment is made, people will be asking those questions,” he said, citing the fact that at least 12 members from the House of Representatives had been appointed into the Cabinet.

“Then you will ask, is that a political payback? Not really. The President goes by who she thinks can help her in running government.”

It was also during Atienza’s time that an old heritage building in the center of the city, Jai Alai, came down.

Ermita said Ms Arroyo’s economic team was intact.

Last month, Ms Arroyo instructed Ermita to order all presidential appointees in 117 government-owned and -controlled corporations and government financial institutions to submit their courtesy resignations.

Cabinet’s fate

But as of last week, only 301 appointees have tendered their resignations. None have been fired, so far.

The only changes that had taken place, before Wednesday, involved Cabinet members, who in the first place were supposedly exempted from the revamp.

On June 30, Malacañang appointed Tarlac Rep. Gilbert Teodoro as defense secretary, replacing former police chief Hermogenes Ebdane, who is to return to his old post as public works secretary.

So will there be a major Cabinet shake-up?

“I keep on telling you that the President’s announcement was for GOCCs and GFIs ... to submit their resignations. As far as the Cabinet is concerned, there was no instruction to submit their resignation,” said Ermita.

A trusted man

“However, I said don’t be surprised when the President on her own suddenly feels that there’s got to be a reshuffle, rigodon or changes of people in the Cabinet,” he added. “All these things, I did not know myself until a few days before the decision (was) reached by the President.”

Ermita said Ms Arroyo “always makes her own decision, keeps her cards close enough to her chest, and you can be sure that these are all based on a very good judgment by the President.”

As regards Reyes, Ermita said: “Let us not prejudge people. Secretary Reyes had occupied several posts. And we could not say that he didn’t perform” as secretaries of defense, interior and environment.

“He is a retired general. I’m sure we could trust a man like him in the same manner that the President trusted him,” Ermita said.

Ms Arroyo has said that Reyes is “well-rounded” and can do any job required of him.

Wednesday, July 18, 2007

DoE’s Lotilla quits, replaced by Reyes

Ex-Manila mayor takes over DENR

By Lira Dalangin-Fernandez

INQUIRER.net
Last updated 02:56pm (Mla time) 07/18/2007


http://newsinfo. inquirer. net/breakingnews /nation/view_ article.php? article_id= 77354

MANILA, Philippines -- Energy Secretary Raphael Lotilla has resigned and has been replaced by Environment Secretary Angelo Reyes, Malacañang announced Wednesday.

Executive Secretary Eduardo Ermita did not disclose the reasons for Lotilla’s resignation but said the energy chief had wanted to quit since last year.

Reyes will be replaced by former Manila mayor Jose “Lito” Atienza, Ermita added.

Monday, July 16, 2007

Aussie mining firm moves into citrus watershed

Inquirer
Last updated 05:22am (Mla time) 07/16/2007

http://newsinfo.inquirer.net/breakingnews/regions/view_article.php?article_id=76860

SOLANO, NUEVA VIZCAYA -- An Australian mining firm has begun moves to conduct exploration activities within the watershed areas of the province’s biggest citrus-producing villages in Kasibu town, drawing concerns from local farmers and environmentalists.

Geologists from the Australasian Philippines Mining Inc. (APMI) presented its expansion program and the proposed exploration activities in the ore-rich areas of the upland village of Papaya in Kasibu during a meeting with residents there on July 5.

APMI holds the mining rights over more than 21,000 hectares of land in Kasibu that was earlier granted to Climax Arimco Mining Corp., its parent company, through a financial and/or technical assistance agreement (FTAA) with the government in 1994.

Officials of the Malabing Valley Multipurpose Cooperative Inc. (MVMPCI), an organization of more than 600 citrus farmers in Kasibu and its neighboring towns, said they have begun talks with civil society groups to come up with a “coordinated move” to stop any attempt at mining-related activities in Papaya.

Fallback

The MVMPCI has been at the forefront of efforts to protect the thriving fruit industry there that, its records showed, produces about nine million kilograms of citrus fruits a year.

The village of Papaya, which straddles the Palali-Mamparang Range, is host to watershed forests that feed the Alimudin, Malong and Pahduan rivers, which are main sources of irrigation for about 150,000 fruit trees in Malabing Valley.

“The company is in for a challenge because whatever difficulties it has faced in Didipio, we will do the same in Papaya, or even greater,” said Astrid Puguon, MVMPCI board secretary.

A report that APMI published in 2006 said the $80-million Dinkidi project in Barangay Didipio aims to mine gold and copper reserves of the area for a minimum period of 15 years, with an expected output of two million tons of gold-copper ore yearly.

Puguon said APMI was now trying to enter Papaya as a fallback, after its supposed failure to start actual mining operations in Didipio, which should have started in the first quarter of this year.

Despite obtaining an approval of its feasibility from the government, APMI has failed to speed up its preparations for the Didipio gold-copper project due to resistance from local communities, Puguon said.

An APMI official confirmed the company’s move to expand operations in Papaya, but denied it was lagging in its preparations for the Didipio project.

“We do have a commitment to the government to explore areas in the FTAA and Papaya is one of them,” said Ramoncito Gozar, Apmi manager for central liaison.

He said the company met with Papaya residents to explain the purposes and the activities to be undertaken during the planned exploration.

He, however, did not comment on concerns raised by citrus farmers that Papaya is within a watershed area. Melvin Gascon, Inquirer Northern Luzon




Friday, July 13, 2007

A terroristic law

Friday, February, 2 2007


T.G.I.F
By Rene Saguisag
A terroristic law


http://www.manilatimes.net/national/2007/july/13/yehey/opinion/20070713opi4.html

At 2 a.m. on Tuesday last, a client called but I was dead to the world.

I could not return her calls until early that morning and it was only late that afternoon that we made contact. I heard a familiar tale of woe. To begin with, her mobile phone was on “low bat” because her charger in her car was gone with it.

And thereby hangs a tale.

The night before she was stopped for no reason on and was taken to some Metro Manila police mini-station. Found clean, the cops said at the end, “Paano na ang para sa hepe?” She said she had nothing. They said she had better produce. All she could think of was a relative not too far away and there they drove. Once she got inside the house, she was too petrified to do anything. The scalawags drove away at 2:30 a.m., in her vehicle, where her charger was.

Can you imagine the bargaining power of the rogues once the Human Security Act of 2007 (HSA) enters into force presently? It may heighten the insecurity of many people on the planet due to its extraordinary extraterritorial reach under its Section 53.

The law is to take effect “two months after the elections are held in May 2007.” And “[t]hereafter, the provisions of this Act shall be automatically suspended one month before and two months after holding of any election.” Meaning, one may move then without being deemed a terrorist subject to severe measures.

If the al-Qaeda operatives level a tall building on Election Day and kill thousands, that would not violate the Act, when in fact some such 9/11 act should be the real intent of the law.

A good provision is that only the Court of Appeals will issue a written order to wire­tap, and not leave the task to more compliant solo ambitious regional trial court judges. Three would be harder to influence and indeed to corrupt but the recent TRO brouhaha there has called attention to that Court in this respect.

Who has money anyway?

Section 50 of the law says that “[u]pon acquittal, any person who is accused of terrorism shall be entitled to the payment of damages in the amount of five-hundred thousand pesos [500,000] for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such accusation.” Now, what will the violators use for money?

The high amount of damages will facilitate a decision just to send the victim to the Promised Land, instead of dealing with the problem of raising such unrealistic sums. More Jonas Burgoses.

If we could only enforce current laws against government abuse, quickly, swiftly and surely, that would be enough to deter.

But, like raising the bargaining power of “hulidap” cops, upping the damages would have an allopathic effect, as another example of the operation of the law of unintended consequences.

Another provision with an air of unreality has to do with Sec. 26 which says in part that “[w]hile under house arrest, he or she may not use telephones, cell phones, e-mails, computers, the Internet or other means of communication with the people outside the residence until otherwise ordered by the court.”

Were I under house arrest, would operatives be with me 24 hours a day in our home to make sure I do not do any of these things? That would validate the concern in the joke—stress, joke—that, “Nakakulong na nga kaming mag-ama, pati ba naman bahay ko, paaaresto pa?”

I do not remember any issuance even during the time of martial law that comprised such a litany of human rights violations as we see in the new shameful law, not even the secret national security decree of Mr. Marcos.

We use to say PD did not stand for presidential decree but Palakol ng Diablo. How do we call this shameless statute that makes Marcos and Ver look benign? Then, lawyers, not generals, dominated.

Even without the new excrescence, all sorts of abuses are going on in a society that has lost its way. Mr. Marcos was a dictator whose word was law. So was “Mrs. Marcos wants this.” But, we were under martial law then.

Today, what is our excuse?

We look to the Supreme Court, led by activist Chief Justice Rey Puno, who provides a ray of hope, to reject this putrid product of the legislature and militarized executive department.

It will keep coming back to haunt not only its very authors, but the rest of us who may say things that could land us in jail for 40 years without parole. What we write could make us a co-plotter with people committing rebellion, insurrection or a coup, by writing sympathetically of the grievances of the suspects.

From mere seditionists, we move up to big-league terrorists.

But, the real terrorists are in government. The HSA misread the issue of “who will police the terrorist police?”

I can see them now, panting, with tongues hanging out, dreaming of moving up from CRVs to Lexuses.

Faeldon sues officials for signing JPEPA

http://www.manilatimes.net/national/2007/july/13/yehey/metro/20070713met2.html

By James Konstantin Galvez Reporter

One of the junior officers charged with coup d ‘etat before the Makati Regional Trial Court (RTC) on Thursday said that he would file criminal complaint before the Office of the Ombudsman against high-ranking government officials behind the Japan Philippines Economic Partnership Agreement (JPEPA).

In his 3-page motion, Captain Nicanor Faeldon has asked the Makati RTC Branch 148 Judge Oscar Pimentel through his lawyer Trixxie Angeles to allow him to leave his detention to personally file his complaint on July 16.

“In order to file the said case, he is required to subscribe and swear to before an administering officer in the aforementioned office. He is therefore required to be physically present at the said office in order to file his complaint,” Faeldon said in his complaint.

Faeldon intends to file charges against Department of Trade (DTI) undersecretary Tomas Aquino, who co-chaired the Philippine Co­ordinating Committee on JPEPA and officials of the National Economic Development Authority (NEDA) for violation of the Anti Graft and Corrupt Practices Act.

She said that they are still studying whether to include other officials who gave their assent to the controversial treaty in the complaint.

“We’re just making sure that only those who have direct participation in the forging of the treaty will be charged,” said Angeles.

President Gloria Macapagal-Arroyo signed the agreement with Japanese Prime Minister Junichiro Koizumi during her state visit to Helsinki, Finland last October.

Angeles said the president might not be included in the complaint as “she just relied on the advice of her alter egos”.

JPEPA, according to the government will lead to greater market access for Japanese industrial goods, particularly steel, auto, and auto parts, electronic products and textiles with the import tariffs on these products being cut by 90 percent within 10 years.

Tariffs will be abolished on at least 60 percent of steel imports tariffs on Japan-made automobiles and parts fully eliminated in 2010.

But critics of JPEPA, particularly environmental groups, said the treaty will results to the unhindered entry of toxic wastes to the country in return for the opening up of the Japanese job market to Filipinos especially nurses and caretakers.

“He decided to file the case as a Filipino citizen and a taxpayer who knows that the agreement runs against the law and the interest of the Filipino people. He is willing to pay the price for what he believed. This is part of his fight that started at Oakwood,” said Angeles quoting his client.

CBCP urges review of anti-terrorism law

manila bulletin

http://www.mb.com.ph/PROV2007071397710.html
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By DANNY FAJARDO

CEBU CITY — Catholic Bishops Conference of the Philippines (CBCP) president and Jaro Archbishop Angel Lagdameo yesterday urged the government to thoroughly review Republic Act 9372, the anti-terrorism law or the Human Security Act of 2007, before its implementation this month.

Lagdameo warned of a "widespread panic" in connection with the signing into law of RA 9372 by President Arroyo.

"Many lawyers find the definition of terrorism in Section 3 of the Act as broad and dangerous which will only serve and create a condition of widespread panic," the CBCP president said in a statement.

Arroyo signed into law RA 9372 last March 6, 2007, which aims to "bolster" the government’s drive to "protect from terrorism life, liberty and property" in the country.

The President believes that implementing this measure will help "further stabilize conditions" nationwide so the country can bolster its bid to attract more job-generating investments.

Aside from condemning terrorist acts as inimical to the nation’s security and welfare, the law will also criminalize such activities.

Lagdameo said Filipinos are in pursuit of peace as they strongly condemned terrorism as "a glaring obstacle to peace."

"Many voices are apprehensive about this law on the basis of constitutionality and provisions that may legalize objectionable methods of fighting and quelling opposition to the obtaining government," said Lagdameo.

Lagdameo said that various calls were made questioning the Human Security Act and even threatened to raise the matter to the Supreme Court for further review and study.

The CBCP president said that some sections have caused lawyers and others to question the effectiveness of the law.

Lagdameo cited Section 26 which allows house arrest despite the posting of bail, prohibits one the right to travel and to communicate with others.

He added that provision for seizure of assets contained in Section 39 and surveillance or wiretapping of suspects in Section 7, and investigation of bank deposits and other assets in Section 28 "raise up many eyebrows of lawyers and others."

"Since we as pastors have to look more into the morality of this law and make a pronouncement in that level, we feel that the atmosphere created by this law and its impending implementations call on us to appeal to those concerned to review this law so that in consultation and dialogue we may have a law that is truly relevant in promoting the security of the nation and in the pursuit of authentic peace," Lagdameo said.

Continuous operations by mining firm opposed

spacer
Benguet folk claim Philex’s permit already expired

By DEXTER A.SEE

manila bulletin

http://www.mb.com.ph/PROV2007071397707.html

TUBA, Benguet – Thousands of residents of barangays here where Philex Mining Corp., one of the existing mining companies in this province is located, are opposing the company’s operation which has been going on despite the expiration of its permit early this year.

In a petition addressed to the Benguet provincial government, the residents stated that Philex Mines has continued to operate despite the rejection of the company’s mineral production sharing agreement (MPSA) during a consultation on free and prior informed consent held a few months ago.

It was learned that the overwhelming rejection was prompted by the company’s alleged disrespect of the rights of the indigenous peoples, failure to preserve remaining undamaged properties and water resources, failure to provide adequate water supply, and alleged displacement of many residents.

Furthermore, it was alleged that the mining company failed to pay land claims in the buffer zone and that the owners of damaged properties caused by the continuous mining operation were given social assistance instead of just compensation.

In a recent meeting, representatives of hundreds of families residing at Sitios Loakan, Agpay, Dun-oy, Alang, Santa Fe, Liang, Libeng, Pukis, Mansumang, Piral, Tabanusan, Pugol, Pungol, Oligba, Alapang, Camait, Batian, Torre, and Clifton in Barangay Camp 3, this town, declared that they do not approve the mining firm’s renewed operation. They demanded that Philex Mines discontinue its operation and rehabilitate their sources of water which, they claimed, have been heavily depleted because of the continuous diggings.

Early this year, the central office of the Mines and Geosciences Bureau (MGB) granted a one-year special mines permit to Philex provided that it strictly adheres to the certain condition.

Among the required conditions for the company’s continuous operations are the filing of a surety bond in the amount equivalent to the annual net mining revenue derived from its operation in the 98hectre permitted area.

As of March this year, Philex paid 42 individual claimants a total of R29,878,717.06 for the damages they suffered. The claimants are residing in the buffer or subsidence zone.

However, the residents said that the compensation paid by the company is insufficient, consideing the long-term negative effects of mining in their communities.

They said that the compensations given to some families were mere pretence to convince the MGB to grant them a permit to continue operation in the mineralrich communities of this town.

Likewise, they said that the water and irrigation projects are not sustainable because these would deplete as time passes by.

The company has been conducting the consultations at Camp 3 proper which, they said, are not directly affected by mining operations.