Monday, February 25, 2008 NCIP stops Philex mining operations By Rimaliza Opiña
THE National Commission on Indigenous Peoples (NCIP) in the Cordillera ordered Philex Mining Corporation to desist from pursuing its mining activities in the 98-hectare Padcal mine in Tuba, Benguet.
The 72-hour temporary restraining order (TRO) issued last February 21 by Regional Hearing Officer Brain Masweng also include the Mines and Geosciences Bureau (MGB) in the Cordillera, the Indigenous Peoples Organization of Alang, Pokis, Sta. Fe, Oliba and Loakan (IPO-Apssol) and the NCIP-Cordillera as respondents.
"In the interest of (substantial) justice, a TRO is hereby issued against the respondents, and all persons under their instructions and acting for in their behalf are hereby ordered to refrain from conducting mining activities within the ancestral land claims of petitioners located at Sitio Pokis, Camp 3, Tuba," Masweng said in the TRO.
Members of the clan of Artemio Pio Association Inc. (Apai) filed the petition.
The petition stemmed from the IPO-Apssol's signing of a memorandum of agreement (MOA), which contained among others their free, prior and informed consent (FPIC) for Philex to continue their mining.
The Apai is also ancestral claimants, but are not signatories to the MOA, signed by several groups of claimants, Philex and the NCIP.
IPO-Apssol, on the other hand, is the claimants who initially rejected the mining company's bid of securing an FPIC. It claimed that Philex extended the metes and bounds of the buffer zone, environmental degradation such as depletion of water resources and forest reserves, and alleged underpayment of damaged claims.
At that time, Philex's permit has expired and was operating on a temporary permit issued by the MGB central office. The permit's duration is for one year. During the same period, the company is required to secure an FPIC.
After a series of dialogues, IPO-Apssol issued an FPIC. But Apai, being ancestral claimants themselves, argued the mining company must also secure their FPIC.
Apai argued that IPO-Apssol is not directly affected by Philex's operations.
"IPO-Apssol represents indigenous peoples living in outlying areas away from that applied by Philex, even as far as Sta. Fe, Ampucao and Itogon, while petitioners land claims are directly and totally within Philex's Application for Mineral Production and Sharing Agreement (Apsa)," Apai said.
The mining company's Apsa is for 25 years, beginning this year.
Among the benefits of IPO-Apssol as contained in the MOA are social development programs, royalty payments representing 1.25 percent of the annual gross output, P60 million advance payment of royalties, priority employment and livelihood assistance, scholarship grants, rehabilitation of damaged areas and technical assistance on evaluation of infrastructure projects.
A P100,000 financial assistance to every affected IP was also given by the company, upon signing of the MOA.
The IPO-Apssol should guarantee the area would be free from other claims, full and unhampered access to Apsa 102 and have appointed Philex as their attorney-in-fact with power to take legal actions when necessary to prevent any interference by any member of the IPs or indigenous cultural communities (ICCs).
Meanwhile, Masweng scheduled a summary hearing on February 28 at 10 a.m. on whether the TRO will be extended.
