Due process
Just recently, President Duterte and his Cabinet collectively agreed to put on hold the closure and suspension orders covering 28 mines issued by embattled Environment Secretary Gina Lopez, whose confirmation by the powerful Commission on Appointments is expected to encounter very rough waters.
According to presidential spokesperson Ernesto Abella, Malacañang has decided to observe due process and that the affected mining companies would be given the opportunity to respond or dispute the results of the Department of Environment and Natural Resources (DENR) mining audit which became the basis for the DENR’s decision to close 23 mines and to suspend five others.
The Chamber of Mines of the Philippines welcomed the President and the Cabinet’s decision, even as it reminded the DENR to release the said audit report, including the actual test results used as basis for determining or not environmental regulations have been violated.
Just recently, Dr. Carlo Arcilla, professor of geosciences who heads the Earth Materials Science Laboratory of the UP National Institute of Geological Sciences, sent me a very interesting letter in connection with Lopez’s decision to close mines. Here is his letter:
“We are in agreement that the irresponsible mines should be closed. No argument on that.
“That is the purpose of the audit - technical people checking whether the mines are fulfilling the obligations under law to protect the environment.
“Why is it then, that these same technical people of the mines and geosciences bureau were not allowed inside the press conference of Secretary Lopez, whereas NGOs with clear anti mining bias shared the limelight?
“The basis for the mine closures have not been made public, and they have not been given to the mines that are to be closed. We are interested to know what the bases are for closing mines - we have to teach future geologists and engineers the correct and scientific ways to mine so as not to endanger the environment. This tells me that the main basis for mine closures is emotion, superficial impressions. Not good if the livelihood and jobs of these projects will be affected. Does this mean that the suffering of the lost jobs are not included in Secretary Lopez’s definition of suffering?
“The people who can clean up the mess in mining are engineers and scientists, who spend time studying these phenomena. Those who claim they are the only people who can clean the environment and the only people who love the environment and this country, without adequate training are seriously misguided. They are even dangerous if they dictate policy. People who are ignorant and do not know they ignorant and are self righteous are truly dangerous to society.”
More recently, I came across a radio interview with Secretary Lopez. She went into some sort of an argument with one of the commentators who was a forester by education. The commentator was asking why Lopez is saying that mining should be banned from all watersheds when the law speaks only of watersheds declared as protected. After all, practically the whole country is a watershed which means that if mining is to be banned in all watersheds, then this means a total ban on mining, he pointed out.
The commentator’s observation supports the Chamber of Mines’ contention that mining laws allow mining operations in watersheds, except those declared protected by the government.
Then Lopez argues that there is also a law that calls for the protection of the environment and empowers the DENR to take necessary actions to protect it. But the commentator pointed out that when there is a conflict between a general law and a special law, then the latter should prevail, to which I agree.
But the secretary doesn’t seem to care about legalities and technicalities and emphasizes that people are suffering and this should end.
While Secretary Lopez may have the best of intentions, I do not think intentions would matter when the law isn’t on her side.
Only the courts can say with finality whether Lopez is right or wrong.
So that she can prove that regardless of whether these suspended or closed mines have the legal right to assert the sanctity of contracts, these mines are polluting the surrounding areas, Lopez should release these so-called mining audit reports to the public and allow experts and the affected mines to analyze it, to contest them. This way, due process is observed. Not so hidden agenda Contractual employment, while perceived as temporary in nature, can still offer career advancement opportunities.
According to Palscon, an association of legitimate service contractors in the country, just because one is under service contracting employment doesn’t mean there’s no chance or hope for advancement or a better position.
Palscon president Rhoda Caliwara pointed out that in the end, career growth is not dependent on one’s type of employment but rather on perseverance, hard work, and skills.
She said there are already a number of employees of Palscon member-companies who are enjoying good jobs and experienced career advancement.
One of them is Corazon Llamoso who started out as a promodiser but who got hired at the office.
Llamoso said that service contracting gave her an opportunity to grow, to develop her skills, and to learn almost everything that she needed to know to become better in her job.
She emphasized that her employment under service contracting was a big help to her family because through it, she was able to support her father who was a farmer, and her younger sibling who just graduated from a fouryear college course.
Caliwara explained that with the continuous operation of service contracting in the country comes Palscon’s commitment of providing hope and progress to Filipino workers.
She stressed that as long as legitimate service contractors are here, every Filipino worker could trust that there will be a continuous provision of good jobs and fair labor and that there will be more Filipino workers with better jobs making better lives for their families.
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