Probe for Philex TSF3 sought
SOME 92 petitioners have called on government regulators to conduct reassessment of the compensation of all claims of indigenous cultural communities (ICC) affected by the construction of the tailings storage facility 3 (TSF3) of Philex Mining Corporation.
Petitioners asked Department of Environment and Natural Resources (DENR) Secretary Roy Cimatu thru Mines Geosciences Bureau (MGB) regional director Fay Apil to investigate the violations of Philex in raising the spillway level from 623 to 625 to 640.
In addition, petitioners sought for the creation of a regional investigation and assessment team to conduct
re-assessment and recomputation of the compensation of the damages sustained by the ICCs.
Petitioners claimed the areas had been in the possession and occupation since time immemorial and sometime in 1979, Philex started the TSF3 construction despite the indigenous peoples verbal opposition.
However due to promises, the plea claimed with enticement and allure by Philex officials to provide and infuse developments in the area, proper compensation to the undersigned, relocation area to the displaced and the provision of livelihood benefits among others, the project was allowed.
The claimants said with no relocation provided by Philex, they made self-relocation outside and above the area which was again damaged prior to the increased elevation of TSF3.
Petitioners manifested the continuous increased of Philex’ TSF3 elevation caused concern and worsen the ICCs/IPs displacement. Currently the continuation of Philex increase in elevation to 640 and above level from 623, the construction of the spillway without proper consent or the conduct of FPIC as non-renewal of its special land use permit and not covered by Mineral Production Sharing Agreement (MPSA) are a gross violations of IPs rights the plea added.
“The undersigned claimants tried its best to re-compute each compensation with PMC with the current prevailing price of land, plants, crops and other improvements or price commensurate to the price used by the government and corporation to pay claimants of its previous projects which is fair because the price being used to pay damaged claims up to present by the former are the one they used in year 1990’s which is unfair but the latter had no choice but to give-up and accepted previous payments and signed Quitclaims because the amount proposed for each claim was out rightly denied by PMC.”
In August 2, 2012, the TSF3 leaked and volume of tailings covered the lowered Balog Creek that lead to the suspension of the mining firm operation and resume operations on August 27, 2013.
The government allowed the firm to resume operations after remedies imposed such as assistance to the affected residents, cleaning up the Balog Creek, and ensuring the integrity of its TSF3 by building an open spillway.
As fees over the accident, PMC Padcal Mine President Eulialio Austin Jr. said payments made to the MGB reached P1.2billion.
On June 5, 2013 the mine firm paid P188.6 million as environmental obligation to the Pollution and Adjudication Board in relation to the Clean Water Act and P1.034 billion to the MGB on February 18, 2013.