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Surigao del Sur town denies permit to mining firm

July 19, 2010

By Tito N. Fiel

Philippine Daily Inquirer

Posted date: July 16, 2010


CANTILAN, Surigao del Sur, Philippines—Mayor Genito Guardo has denied the application of a mining company to extract nickel ore from this town, citing the need to protect the environment from possible destruction.

Guardo said he sent a letter to the company, named Marcventures and owned by Mindanao businessmen Mario Vijungco and Dy Chi Hing, on Thursday, informing its management of the decision to reject its mining permit application.

He said he would rather protect the environment than risk it in exchange for the economic benefits the mining operation would bring to the town.

Earlier, officials of this town also expressed dismay at Marcventures’ activities even if it had yet to acquire a permit.

“I and other officials, along with military and police representatives inspected the mining site and found out the company had already started extracting minerals even if it had no permit,” Guardo said.

But he clarified that the rejection of the mining permit was mainly based on the resolution of the town council, which expressed opposition to mining activities here.

Carl Ceasar Rebuta, project development officer of the Legal Rights and Natural Resources Center based in Cagayan de Oro City, said they were elated by the decision of officials to bar mining activities in the town.

Rebuta said anti-mining advocates had repeatedly warned that mining activities would compromise the watershed areas of the town.

Marcventures, which holds a mineral production sharing agreement covering 4,799 hectares here, had said it planned to extract 800,000 metric tons of nickel per year through the open-pit system.

But Guardo said he believes that the local government of Cantilan has enough power to bar Marcventures from operating despite its being an MPSA holder.


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wayay katungod an lgu na magbuot sa mga mining operation ky an may katungod na magbuot sa pagmina an denr nga gitahasan sa national government nga maoy may katungod basi sa balaod nga gipasa sa congress. diin kamo kakita nga an usa ka munisipyo sa pilipinas nagsupak sa balaod sa national government nato? unsa may pasabot ani diba gyera? an mpsa usa ka kontrata na kun dili tumanon sa governo pwede magkiha an usa ka mining company sa governo maski abot pa sa international court aron protektahan niya an iya interest…

Posted by elgapos at July 24, 2010, 9:26 am

Marcventures disputes town mayor’s ruling
(The Philippine Star) Updated July 24, 2010 12:00 AM

MANILA, Philippines - In a recent disclosure to the Philippine Stock Exchange (PSE), Marcventures Holdings Inc. (MHI) disputed the denial of the application for a mayor’s permit of Marcventures Mining & Development Corp. (MMDC), a 100-percent owned subsidiary of MHI, by Mayor Genito Guardo of Cantilan, Surigao.

In its PSE disclosure, MHI stated that “Mayor Guardo’s ruling is contrary to the Department of Justice Opinion No. 8, Series of 2005, contained in the memorandum dated March 21, 2009, issued by the executive director, Minerals Development Council, Office of the President, stating, inter alia, “that local ordinances/resolutions cannot supersede Republic Act No. 7942, otherwise known as the ‘Philippine Mining Act of 1995.’

Pursuant to Sections 8 and 9 of the Philippine Mining Act of 1995, the Department of Environment and Natural Resources (DENR) is the primary Agency responsible for the conservation management, development and proper use of the State’s mineral resources.

Furthermore, Section 17 of Republic Act No. 7160, otherwise known as ‘An Act of Providing for a Local Government Code of 1991’ provides that the enforcement of forestry laws, pollution control law, small scale mining law, and other laws on the protection of the environment, shall be pursuant to national policies and subject to the supervision, control and review of the DENR.”

“The company’s MPSA 016-93-XI remains valid and subsisting and there will be no disruption of operations,” according to a company official.

Posted by noli at July 24, 2010, 2:07 pm

Mining, LGUs, and human rights
By Francis N. Tolentino
September 19, 2007, 8:00am
The current skirmish between local government units (LGUs) and the DENR over mining permits would evoke a lot of norms way beyond what is written in our lawbooks.

Even if the Justice Department would affirm DENR’s permit granting powers over the objections, for instance of Puerto Princesa City, Nueva Viscaya or Mindoro Oriental, the issue would still persist on who has the final say on whether a local community would accept the establishment of a mining excavation within a municipality, the National Government or the LGU?

Perhaps the Justice Department and the DENR or even some LGUs have forgotten one core stakeholder: The local residents themselves.

Indeed, if we place man or Juan dela Cruz at the center of this current mining controversy between LGUs and DENR, then he should be the decisionmaker. No bureaucratic formula involving mining investments can alter the fact that human beings have a responsibility to secure, protect and preserve the environment. This then makes the position of LGUs more convincing and tenable, as they are closer to the people.

If the foregoing are applicable, how can the DENR now claim to have superior rights over LGUs relative to mining permits? Can’t they ask the local people first?

It would be too simplistic to suggest that if we really want to hear the sentiments of the people, if they want a mining excavation, or not, for instance in Puerto Princesa City, why can’t a referendum be conducted by the Commission on Human Rights (assisted perhaps by the Comelec) to determine the pulse of the people. Let the people judge, after a thorough information campaign, on what is good for them, not the DENR or the mining investor. Only then can we truly declare that we are mere stewards of our country’s natural resources. (E-mail address: myrfnt@yahoo.com)

Posted by din at July 26, 2010, 10:11 pm

The Department of Environment and Natural Resources (DENR) to consult local government units (LGUs) before acting on applications for mining permits. The DENR should involve local governments in approving mining applications, adding that local chief executives are more knowledgeable about the situation in their respective areas.

They are also mandated to protect their constituents against potential hazards, he added

Posted by din at July 26, 2010, 10:18 pm

The Department of Environment and Natural Resources (DENR) should consult the local government units (LGUs) before acting on applications for mining permits. The DENR should involve local governments in approving mining applications, adding that local chief executives are more knowledgeable about the situation in their respective areas.

They are also mandated to protect their constituents against potential hazards, he added

http://www.philstar.com/Article.aspx?articleId=322894

Posted by din at July 26, 2010, 10:22 pm

our beloved country need MORAL RECOVERY PROGRAM-VALUES FORMATION a.s.a.p. we need leaders who are PR0-GOD, PRO-PEOPLE, PRO-NATION, PRO-NATURE and last but not the least, PRO-LIFE! MRP-VF must be institutionalized in every government department, office, government controlled or own corporation, municipality and barangay. we will surely fail or not going to enjoy genuine peace and prosperity in our country if we are (specially government officials) MORALLY and SPIRITUALLY bankrupt.

Posted by randy g. amores at August 16, 2010, 10:29 pm

Cantilan again

Posted by anonymous at August 21, 2010, 2:57 am

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