Oriental Mindoro provincial council resolution reiterating 25-year mining ban

Republic of the Philippines
PROVINCE OF ORIENTAL MINDORO
CALAPAN CITY
________________________________________
SANGGUNIANG PANLALAWIGAN

EXCERPT FROM THE JOURNAL OF THE 36TH REGULAR SESSION OF THE SANGGUNIANG PANLALAWIGAN OF ORIENTAL MINDORO HELD AT THE SANGGUNIANG SESSION HALL, PROVINCIAL CAPITOL COMPLEX, CALAPAN CITY, ON MONDAY, MARCH 1, 2008.

RESOLUTION NO. 313-2008

RESOLUTION MANIFESTINGG THE UNWAVERING STAND OF THE SANGGUNIANG PANLALAWIGAN OF ORIENTAL MINDORO AGAINTS LARGE-SCALE MINING IN THE PROVINCE OF ORIENAL MINDORO AS EMBODIED IN PROVINCIAL ORDINANCE NO. 01-2002 ENTITLED “AN ORDINANCE DECLARING 25-YEAR MORATORIUM ON LARGE –SCALE MINING IN THE PROVINCE OF ORIENTAL MINDORO, PROVIDING EXCEPTIONS AND PENALTIES THEREFOR”

WHEREAS, while Section 2, Article XII of the 1987 Philippine Constitution provides that “All lands of public domain, water minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forest or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration development, and utilization of the natural resources shall be under the full control and supervision of the State”. Section 15 and 16 under Article II of the Constitution have clearly dictate that “The State shall protect and promote the right to health of the people and instill health consciousness among them” and that “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”;

WHEREAS, Section 16 of R. A. No. 7160 otherwise known as the Local Government Code of 1991 states that “Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. With their respective territorial jurisdictions, local government units shall ensure and support, among other things….. promote health and safety, enhance the right of the people to a balanced ecology… and reserve the comfort and convenience of their inhabitants”;

WHEREAS, the beautiful Island of Mindoro is a known habitat of endemic flora and fauna species such as the Tamaraw (Bubalus mindorensis), the Mindoro pines and others;

WHEREAS, the Province of Oriental Mindoro, being blessed with bountiful gifts of nature, is recognized as one of the food baskets of the country – feeding millions of Filipinos not only in the MIMAROPA Region but also those in the nearby metropolis, provinces and cities;

WHEREAS, Oriental Mindoro is also considered as the as the Philippines’ emerging eco-touurism destination, as it is known for its serene and beautiful natural sceneries;

WHEREAS, for almost a decade now, the Province of Oriental Mindoro has been threatened by the propose large-scale mining operation in the province.

WHEREAS, cognizant of its pemicious effect to the environment and to the health of the people, the Sangguniang Panlalawigan of Oriental Mindoro has ever since firmly stood against the said proposed large-scale mining operation in the province;

WHEREAS, on 4 June 1999, the August Body passed and approved Resoluion No. 172-99 entitled “A Resolution Denying the Request by Mindex Resources Development, Inc. for Preliminary Endorsement of Mindoro Nickel Project” on the bases that the body has no technical knowledge on the environmental soundness of the said mining operation and that the same received position papers and resolutions from different sectoral organizations, churches, socio-civic organizations and even from some local government units opposing the said application of MINDEX for the Mindoro Nickel Project;

WHEREAS, on 28 July 2000, Provincial Board again passed approved Resolution No. 269-2000 entitled “Resolution Reiterating Strong and Vehement Opposition to the Application of MINDEX Resources Development, Inc. Now Crew Minerals Corporation for the Mindoro Nickel Project” for reasons that:

a. continuing strong and uncompromising protest from the different concerned sectors province wide;

b. the operation of Mindoro Nickel Project is against the sustainable environmental development agenda of the Provincial Government of Oriental Mindoro, which was anchored on food security, eco-tourism and agro-industrial development;

c. the results of the previous pre-feasibility study conducted by Kvaerner Metals, an international engineering firm commissioned by Mindex, clearly unveiled the environmental risks posed by the Mindoro Nickel Project which include among others the increased in soil posed by the Mindoro Nickel Project which include among others the increased in soil erosion and sediment yield, lost of forest habitat, unlikely effects on the supply and quality of surface and ground water, long term rehabilitation requirement in the areas of operation, emission related problems to the operation of the nickel processing plant, environmental risk related to the use of processing chemicals, risk of degradation of fishery resources from submarine tailing disposal and risk of degradation of agricultural productive land downstream;

WHEREAS, on 22 September 2000, the Sangguniang Panlalawigan declares the Province of Oriental Mindoro as an Environmental-Friendly Province (EFP) through SP Resolution No. 346-2000, citing therein that:

a. the province has existing four protected Areas under the National Integrated Protected Areas System (NIPAS) category, namely:

  1. Naujan Lake National Park by virtue of Proclamation BNo. 335 dated 25 January 1968;
  2. Mt. Iglit-Baco National Park approximately occupying 8,000 hectares right at the provincial divide within the Municipalities of Bongabong and Mansalay, which was established for the protection and conservation of the Tamaraw (Bubalus mindorensis), an endemic but very much endangered species;
  3. Man and Biosphere in the Philippines (MAB), located in Puerto Galera, declared under Presidential Decree No.354 issued on 26 December 1973 as a reserve area for educational, scientific and cultural research as the Philippine Government commitment to the United Nations Educational, Scientific and Cultural Organization; and
  4. Marine Biological Site also located in Puerto Galera, is a site for marine biology scientific research as well as valuable archeological site;

b. The people of oriental Mindoro have shown a relatively higher level if environmental awareness judging from the actions they have taken in the past decade when the integrity of the environment and ecological balance of the province is being challenged;

c. The province being an EFP will attract national and international attention which can be translated to the development of eco-tourism in line with the growing global trend of promoting tourism by showcasing the culture, heritage and the arts of the people while enhancing the environment;

WHEREAS, on 06 July 2001m the Sangguninang Panlalawigan under the new administration, also passed and approved Resolution No. 132-2001 entitled “Resolution Strongly Reiterating the Stand of the Previous Members of te Sangguniang Panlalawigan Opposing the Nickel Mining Project in the Province of Oriental Mindoro”;

WHEREAS, as a sign of the August Body’s desire to ensure the protection of the province’s environmental from possible destruction that is expectedly to occur due to the existence of large-scale mining project, the Sangguniang Panlalawigan, on 28 January 2002, enacted pProvincial Ordinance No. 01-2002 entitled “AN ORDINANCE DECLARING 25-YEAR MORATORIUM ON LARGE SCALE MINING IN THE PROVINCE OF ORIENTAL MINDORO, PROVIDING EXCEPTIONS AND PENALTIES THEEREFOR”;

WHEREAS, the present Members of the Sangguniang Panlalawigan remain steadfast in upholding the integrity and legality of the above-mentioned Provincial Ordinance as effective tool in protecting the rights of oriental Mindoreños to a balanced ecology and in safeguarding the province from further environmental degradation;

WHEREAS, the August Body is duty-bound to listen to the voice of the majority of the people, if not all, of its people resoundingly denouncing operation of large – scale mining in the Province of Oriental Mindoro;

WHEREAS, this August Body upholds some of the bases for which then Secretary of the Department of Environment and Natural Resources Heherson T. Alvarez revoked/terminated on 16 July 2001 the Mineral Production Sharing Agreement No. 167-2000-IV, to wit;

a. the Mining Project may not be implemented due to the opposition by the local government units concerned and the lack of valid written agreements with all the groups of indigenous peoples in the area.

b. The MPSA area is traversed by two (2) earthquake faults (the Aglubang Fault and Central Mindoro Fault Lines, which are active fault lines)

WHEREAS, the Sangguniang Panlalawigan of Oriental Mindoro clearly understands that Oriental Mindoro’s sustainable development can be achieved through enhancing the vast agricultural lands and natural bounties of the province than through the temporal benefit the mining companies have promised and kept on blindfolding minority of the people;

WHEREAS, the Sanggunian Panlalawigan of Oriental Mindoro strongly believes that in the pursuit of the development of the passionate care for the Mother Earth and the Environment shall not be set aside and disregarded.

NOW THEREFORE, BE IT RESOLVED, as it is hereby resolved to manifest the unwavering stands of the Sangguniang Panlalawigan of Oriental Mindoro as embodied in Provincial Ordinance No, 01-2002 entitled “An Ordinance Declaring 25 – Year Moratorium on Large Scale Mining in the Province of Oriental Mindoro, Providing Exceptions and Penalties Therefor”.

RESOLVED FURTHER, that for their information, copies of this Resolution be furnished to the following:

1. Her Excellency Gloria Macapagal –Arroyo , President of the Public of the Philippines;

2. Honorable Noli “Kabayan” L de Castro, Vice President of the Republic of the Philippines;

3. Honorable Rodolfo G. Valencia, Representative of the First District of Oriental Mindoro;

4. Honorable Alfoso V. Umali, Jr., Representative of the Second District of Oriental Mindoro;

5. Honorable Lito Atienza, Secretary of the Department of Environmental and Natural Resources (DENR);

6. Regional Director of the DENR-MIMAROPA;

7. Provincial Environment and Natural Resources Officer in the Province of Oriental Mindoro;

8. Hon. Ronaldo V. Puno, Secretary of the Department of Interior and Local Government (DILG);

9. Mr. Arnulfo R. Bautista, Provincial Director of DILG- Oriental Mindoro;

10. Hon. Josephine R. Sato, Provincial Governor of the Province of Occidental Mindoro;

11. the Sangguniang Panlalwigan of Occidental Mindoro;

12. All City/Municipal Mayors in the Province of Oriental Mindoro;

13. All City/Municipal Sanggunians in the Province of Oriental Mindoro;

14. Most Reverent Warlito I. Cajandig, DD., Bishop of the Apostolic Vicariate of Calapan;

15. all parish under the Apostolic Vcariate of Calapan;

16. the INTEX Corporation

17. the Schools Division Superintendent of the School Divisions of Calapan City and the Province of Oriental Mindoro;

18. the Alayansa Laban sa Mina a(ALAMIN), and

19. All Sangguniang Barangays in the Province of Oriental Mindoro.

On motion of Hon. Humerlito A. Dolor, jointly sended by Hon. Romeo G. Infantado and Hon. Ferdinand Thomas M. Soller and with the abstentions of Hon. Philip Cesar B. Joson, Hon. Romeo S. Buenaventura and Hon. Raul A. Pagcaliwagan, said resolution was … APPROVED.

CERTIFIED CORRECT:
(Sgd) DIWATA H. FETIZANAN
Secretary to the Sangguniang PAnlalawigan

ATTESTED:

(Sgd) HON. MARIA ESTELA FELIPA M. ACERON
Vice Governor
Presiding Officer

One Response

  1. […] against large-scale mining. In 2002, the provincial government of Oriental Mindoro declared a 25-year moratorium on large-scale mining. In 2009, the provincial government of Occidental Mindoro also passed a […]

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