Hearing on Mining in Brgy. Canaam, Vintar, Ilocos Norte

I just heard today that there will be a hearing on mining in Brgy. Canaam, Vintar, Ilocos Norte on Friday, February 3, 2012.

According to ADMINISTRATIVE ORDER  NO. 2010-21:  The public shall  be notified by publication in a newspaper of general circulation in the province, as well as by posting in all affected municipalities and barangays, at least thirty (30) days before said hearings are conducted... No recommendation of the Director shall be acted upon by the Secretary unless the preceding paragraph has been strictly complied with.


I wonder how many people know about this.

In the January 17, 2012 public hearing, I got the impression that the MGB people were saying that they got what we want to say. That they understand that the Vintarinians do not want mining to be conducted in Vintar. Now, there's another hearing on mining. I wonder why they did not answer the question: Can they proceed with the mining even if the Vintarinians are against it? They can't even tell us who will be responsible if there will be adverse effects.

To all the people out there who care for our beloved Vintar, let us find out what is happening in our town. I feel that we are being railroaded into accepting mining in our midst without due process. What do you feel?

Let us go to Brgy. Canaam, Vintar, Ilocos Norte early in the morning of Friday, February 3, 2012 to see the people (or the people behind them) who want mining to be conducted in our town. Let us see if they are following proper procedures which were supposedly drafted to make things fair.


I would like to know if this is how President Aquino's mining initiative is supposed to work? I am worried that the rules are not being followed here in our town. I hope an impartial person would look into it.


Right now, what comes to my mind is when Mr. President said "Kayo ang boss ko...". I hope the people's voice matters in this mining situation. I hope it won't be ignored in favor of government revenue.

Some Information on Public Hearings related to Establishment, Disestablishent or Modification of Boundary of a Mineral Reservation

The texts in red below were copied from the DENR ADMINISTRATIVE ORDER  NO. 2010-2.

 
June 28, 2010
 
 
ADMINISTRATIVE ORDER 
NO. 2010-21
 
  SUBJECT: PROVIDING FOR A CONSOLIDATED DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES ADMINISTRATIVE
ORDER FOR THE IMPLEMENTING RULES AND REGULATIONS
OF REPUBLIC ACT NO. 7942, OTHERWISE KNOWN AS THE
“PHILIPPINE MINING ACT OF 1995”


(some parts not copied)

CHAPTER III
MINERAL RESERVATIONS AND GOVERNMENT RESERVATIONS
 
Section 9.  Establishment,  Disestablishent or Modification  of Boundary of a
Mineral Reservation
 
  In all cases, the Director shall conduct public hearings allowing all concerned
sectors and communities, interested Nongovernmental and People's Organizations, as
well as LGUs, to air their views regardi ng the establishment, disestablishment or
modification of any Mineral Reservation.  The public shall  be notified by publication in a
newspaper of general circulation in the province, as well as by posting in all affected
municipalities and barangays, at least thirty (30) days before said hearings are
conducted.

The recommendation of the Director shall be in writing stating therein the grounds for the establishment, disestablishment or  modification of any specific Mineral
Reservation and shall likewise be published  after submission to the Secretary.
 
  No recommendation of the Director shall be acted upon by the Secretary unless
the preceding paragraph has been strictly complied with.
 
  Upon the recommendation of the Director  through the Secretary, the President
may, subject to valid and existing rights, set aside and establish an area as a Mineral
Reservation when the national interest so requires, such as when there is a need to
preserve strategic raw materials for industries critical to national development or certain
minerals for scientific, cultural or ecological value.  The Secretary shall cause the
periodic review of existing Mineral Reservations by detailed geological, mineral and
ecological evaluation for the purpose of determining whether or not their continued
existence is consistent with the national interest and upon his/her recommendation, the
President may, by proclamation, alter or modify the boundaries thereof or revert the
same to the public domain without prejudice to prior existing rights.
 
  In the proclamation of such Mineral Reservations, all valid and existing mining
rights shall be respected.
  
(later parts not copied)

I live in the Poblacion area but I found out about the hearing a day before the event. I count myself lucky to find out about it.

Public Hearing/Consultation on Declaring Portions of Vintar, Ilocos Norte as Mining Reservation

Last January 17, 2012, representatives from Mines and Geosciences Bureau conducted a public hearing/consultation in the Vintar Municipal Auditorium to get the Vintarinian's collective opinion on the matter of declaring certain portions of the municipality of Vintar as Mining Reservation.

The meeting was attended by residents, barangay officials, professionals, organizations, schools, and others. It was also attended by concerned people from nearby towns.

The initial mood of the meeting was negative. There have been unverified reports of negative/suspicious activities of people who want mining to continue. I say unverified because there have been no formal investigations on the matter.

The MGB representatives gave a powerpoint presentation on the physical descriptions of the proposed mining reservation. They cited the some laws.

They said the royalty fee which is 5% of production paid by the mining companies will go to their bureau.

From my research, I note that the excise tax is 2% for areas which are not declared as mineral reservation. And that by declaring an area to be a mineral reservation, the government will generate more income (5% on top of the existing 2%) from the mining venture.

There were some points noted by the attendees:

1. The method of giving notice for the public hearing/consultation was not sufficient.  
2. There was no discussion on the ecological impact of a mining venture.
3. There was no mention of geohazards in Vintar.
4. There was no mention of the Vintar Watershed which supports not only Vintar , but also some other towns.
5. The direct question on the accountability in case of mining mismanagement was not answered.
6. The direct question on the probability of the portions of Vintar being declared as mining reservation even without the consent of the populace was not answered.

The move to declare portions of Vintar as mining reservation is strongly opposed by the Vintarinians. As evidenced by a resolution, the Sangguniang Bayan members had already prepared their answer beforehand.

The mining situation in the Philippines is outlined in DENR's article on Mining in the Philippines. As I see things, before the DENR/MGB looks for potential mining reservations, they should strengthen the laws on mining, especially its implementation. Otherwise, they are just leaving the local residents open for exploitation.

DENR's current motto is: "Mining shall be Pro-People and Pro-Environment in sustaining wealth creation and improved quality of life." If DENR/MGB really cares for the Filipino people, it should first resolve previous questions and issues on mining before they embark on another possibly short-term fund generating venture.