Victoria municipal resolution appealing to DENR to stop mining exploration

Republic of the Philippines
Province of Oriental Mindoro
MUNICIPALITY OF VICTORIA

OFFICE OF THE SANGGUNIANGBAYAN

RESOLUTION NO. 129-2008

RESOLUTION APPEALING TO THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STOP THE ONGOING EXPLORATION BEING UNDERTAKEN BY CREW GOLD CORPORATION AND AGLUBANG MINING CORPORATION IN VILLA CERVEZA, VICTORIA, ORIENTAL MINDORO.

WHEREAS, Section 21 of Chapter V of the Implementing Rules and Regulations of the Mining Act of 1995 states that “No exploration permit shall be issued unless the requirements under this section are fully complied with and any adverse claim/protest/opposition thereto is finally resolved”;

WHEREAS, the CREW Gold Corporation and Aglubang Mining Corporation violated the Local Government Code of 1991 that categorically states that as a policy of the State, no project or program shall be implemented without prior consultation with the local government units ad affected communities and without corresponding approval of the respective Sanggunian, i.e. Provincial or Municipal Councils (cf. Republic Act No. 7160, Section 2c and Section 27);

WHEREAS, the Municipality of Victoria strongly supports and adheres to the 25-year Mining Moratorium imposed by the Sangguiang Panlalawigan of Oriental Mindoro;

WHEREAS, based on the situation update of the NDCC regarding the flooding in Naujan and Victoria, Oriental Mindoro on December 6, 2007, the debris coming from Mindoro exploration blocked the river in barangay Alcate which cause the migration of flood waters into low lying areas in Victoria.;

WHEREAS, the governing principle of sustainable development provided in the Mining Act of 1991 must consider the health and welfare of the whole populace in Oriental Mindoro not only in terms of economic gain; WHEREAS, any mining can cause damages and ruin lives and personal properties, even the infrastructures, forest, marine, and aquatic inland resources area at stake in the long run when thus will be in its full operations;

WHEREAS, since the Sanggunian Bayan of Victoria is the legitimate representative of its people, the members are sensitive also to their voices, fears and hope as manifested by the voluminous documents filed in the Sangguniang Bayan Office.

NOW THEREFORE:

Be it, resolved as it is hereby by the Sangguniang Bayan of Victoria, Oriental Mindoro, to appeal to the Department of Environment and Natural resources to stop the ongoing exploration being undertaken by Crew Gold Corporation and Aglubang Mining Corporation in Villa Cerveza, Victoria, Oriental Mindoro.

Resolved further the copy of this resolution be furnished the Office of the President thru Executive Secretary Eduardo, the Office of the DENR Secretary, the Office of the Provincial Governor, the Office of the Sangguniang Panlalawigan thru Presiding Officer. Hon. Ma. Estela Felipa Aceron and other offices concerned, for their information and appropriate action.

Adopted this 4th day of February, 2008 in Victoria, Oriental Mindoro on motion of Hon. Rowell P. Ganad and duly seconded by Hon. Dolor F. Gasic.

(Sgd)HON.DOLOR F. GASIC HON. IMELDA N. CALLO

(Sgd)HON.MERCEDITA D. DUMAS HON. CONRADO. P. FORTU

HON.MICHAEL R. MALALUAN HON.LUIS P.DELA ROCA, JR.

(Sgd)HON.TANIE D. MALITAO,JR. (Sgd)HON. ROWELL P.GANAD

(Sgd)HON.RICARDO G. GANAD (Sgd)HON.ROSE LAARNI L.ORTEGA

CERTIFIED TRUE AND CORRECT:

(Sgd)MAUREEN D. ABAN Sr.
Sr. Administrative Assistant I
Acting Secretary to the Sangguniang Bayan

ATTESTED:

(Sgd)HON. LUIS S. CATILLET, SR.
Vice Mayor/Presiding Officer

APPROVED:

(Sgd)HON. ALFREDO G. ORTEGA
Municipal Mayor
Date Approved: 18 February 2008

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