Miners fight over Zambales deadly sites
THE spate of deaths from accidents did not stop Zambales Gov. Hermogenes Ebdane Jr. from issuing permits that allowed smalltime miners to illegally haul tons of chromite in mining areas that endanger their lives.
And in issuing such permits without qualm or scrutiny, a mineral-rich site in Zambales already occupied by a big mining company has been awarded to small-scale miners—an error that can usher serious trouble for the local mining industry.
Benicio Eusebio, president of Masinloc, Zambales-based Consolidated Mines Incorporated (CMI), criticized the move of the provincial government in issuing in 2011 at least six small-scale mining permits with one directly over existing chromite stock- piles sourced from more than 50 years of mining by Benguet Corp. and CMI in Coto Mines, Masinloc, Zambales.
According to an internal report, the Provincial Mining Regulatory Board (PMRB) chair Atty. Danilo Uykieng endorsed the permits post-facto for as long as the applicants comply with regulatory requirements of the People’s Small-scale Mining Act. Uykieng is also the Region III Director of the Mines and Geosciences Bureau.
“However, the PMRB and the SSMP (Small Scale Mining Permit) holders did not secure the requirements but proceeded to haul mineral ores that do not belong to them,” Eusebio said.
According to a report submitted by Arsenal Security Group Inc. (ASGI), CMI’S hired security agency, on October 30, 2011 elements of the Zambales Provincial Police Office entered the CMI Road leading to the mining area of CMI, dismantled and took over the checkpoints of ASGI.
The Philippine National Police then installed a security agency named “10-8,” escorted backhoes and trucks to chromite stockpiles of Consolidated Mines known as Towers 8 and 9, and started hauling. This has continued since November 16.
Eusebio said that to date, more than 35,000 metric tons of chromite valued at P81 million have been hauled to the newly constructed port of Golden Harvest Global port owned by a certain Joseph Sy. The PPA has not issued an operating permit for this port.
The three vessels already loaded with chromite fines totaling 20,000 metric tons have sailed out to China. Customs cleared the first vessel Aoli6, did not issue a clearance for the second vessel but it sailed out anyway.
The illegal activities in Masinloc were also reported by Arsenia Lim, owner of Shyne Trading and Trucking Corporation who entered a sales agreement with Benguet Corp. over the same stockpiles. The ownership of these tailings is still a subject of proceedings at DENR/EMB.
Verification of the technical description of said SSMP shows that the same covers Towers 8 and 9 where the stockpiles of chromite fines emanating from the Coto Mines are located.
“This is a clear case of criminal theft,” Eusebio said.
“The local government cannot claim ownership of the stockpiles as the Coto Mines is classified as a Mineral Reservation, meaning, only the national government has sole jurisdiction over the area. The national government is bound to lose the 5 percent royalty fee from gross earnings from this misappropriation,” he said.
Regional Director Uykieng issued Certification last November 9, 2011 confirming CMI’S jurisdiction over the MPSA (Mining Production Sharing Agreement), its facilities and chromite stockpiles among others even during its contract renewal period.
In an interview with Pastor Ernie Dando and local residents, the permittee did not mine nor extract minerals but just started hauling the existing chromite fines since November 17, 2011 with the assistance of the provincial PNP using backhoes and trucks. This has caused confrontations between Cml’s employees, security personnel, the local communities and local authorities.
Pursuant to Section 4.25 of the DENR Administrative Order No. 34 dated July 14, 1992 of the Rules and Regulations to Implement Republic Act No. 7076 otherwise known as “Peoples Small Scale Mining Act of 1991”, and Section 26 of Republic Act No. 7076 states that “Small -scale Mining” refers to mining activities which rely heavily on manual labor using simple implements and methods and do not use explosion or heavy mining equipment.”
Investigation by the MGB identified irregularities in the issuance SSMPS wherein they were found to overlap with existing mining claim areas. The Ore Transport Permits (OTPS) and Mineral Ore Export Permits (MOEPS) on the other hand, “lack[ed] the validation of MGB-R3 as required by the procedural guidelines in the issuance of the OTP/MOEP”.