KORONADAL CITY (MindaNews / 19 May) — Thousands of enraged individuals took to the streets on Thursday in protest of the provincial legislature’s lifting of the 12-year-old ban on open-pit mining and to ask the Governor to veto the measure.
South Cotabato Gov. Reynaldo Tamayo, Jr. faced the estimated crowd of 3,000, elderly, youth and children and announced the creation of a technical working group (TWG) to study the decision of the provincial board, which on Monday approved on second and third reading their amendments to the landmark Environment Code, including the lifting of the ban on open-pit mining.
The Code was passed on June 9, 2010.
The amended Code removes the 12-year thorn in the throat of the $5.9-billion Tampakan project, Southeast Asia’s largest untapped copper-gold minefield.
Tamayo addressed the crowd gathered outside the provincial capitol following a closed-door meeting with a team headed by Diocese of Marbel Bishop Cerilo Casicas, who is leading the fight against the lifting of the ban. The solidarity walk from the Christ the King Cathedral to the capitol was initiated by the Diocese of Marbel.
“Today, we will create a TWG that will study the amendments made by the Sangguniang Panlalawigan to our Environment Code,” he said.
As of Monday noon, Tamayo said his office has not received an official copy of the amended Environment Code, which he could either veto or allow to lapse into law by not signing it 15 days from receipt thereof.
He said he will base his decision on the recommendations of the TWG, taking into account “what’s right and for the greater welfare of the people.”
Before he will make a decision, the governor vowed to discuss the recommendations of the TWG with both the anti- and pro-mining groups.
Casicas said they welcome the decision of Tamayo to create a TWG to help him come up with a decision, adding “the governor showed sincerity during our meeting to hear our side.”
“But in the end, we hope he will decide based on the wisdom of the people…The most powerful voice is not of the governor but the voice of the people,” the prelate said in a press conference.
Casicas disclosed the governor told them during the closed-door meeting that the amended Environment Code reached his office but the Sangguniang Panlalawigan recalled it “for some reasons.”
Lawyer Noel Ben, director for Legal Aid and Community Extension Services of the Notre Dame of Marbel University, said the amendment to the Environment Code will not be final until the governor acts on it within the prescribed period, which is 15 days from the time his office receives the measure.
“The passage of the amended Environment Code is still at their (Sangguniang Panlalawigan) level,” said Ben, who is helping the diocese in legal matters.
Casicas said they are hoping that with the outrage expressed by various sectors, including in social media, the provincial board will no longer transmit a copy of the controversial measure to the Office of the Governor.
A stretch of Alunan Avenue was closed to traffic Thursday morning to give way to the indignation activity joined in also by students, nuns and farmers.
The proposal to amend the Environment Code to lift the ban on open-pit mining was passed on second reading on Monday, with the plenary deciding to continue and approve its passage on third reading on the same day.
The session was presided by board member Glycel Mariano-Trabado, in place of Vice Gov. Vicente de Jesus, who was on leave.
Present during the plenary session were board members Hilario De Pedro VI, principal author of the proposal to remove the ban on open pit mining, Edgar Sambog, Dardanilo Dar, Noel Escobillo, Antonio Fungan, Eamon Gabriel Mati, Henry Ladot, Rolando Malabuyoc, Alyssa Marie Fale and Rose Grace Achurra.
Nobody among the present board members raised an objection or stood up to explain their vote.
Board member Ester Marin Catorce, who openly stood against the lifting of the open-pit ban, was not present during the session. She was designated as acting governor, as Gov. Reynaldo Tamayo is on leave.
Board members Ellen Grace Subere Albios and Jinky Avance-Samodal were also on leave.
Board member de Pedro, main author of the proposal to remove the ban on open-pit mining and a son of the late South Cotabato Gov. Hilario de Pedro III, appeared nonchalant over the public backlash generated by their move to lift the prohibition.
“You have expressed your suspicions, outrage, dismay and outright condemnation of our decision as a collegial body. You are entitled to that and you are also entitled to know the real reasons,” he said in a post on Facebook, which generated mostly negative comments against him.
In defense, De Pedro claimed the environment code “is violative of the 1987 Constitution,” among others.
But in 2020, Judge Vicente Peńa, acting presiding judge of Regional Trial Court 11th Judicial Region Branch 24 here, said in a 31-page promulgation that Section 22 (b) of Article II of the Environment Code which states that “open-pit mining method shall not be allowed in the province of South Cotabato” is not invalid, but rather legal and consistent with DAO (Department Administrative Order) 2017-10, the Local Government Code of the Philippines and above all the Constitution.”
The late former Environment Secretary Gina Lopez issued DAO 2017-10 entitled “Banning the Open-pit Method of Mining for Copper, Gold, Silver and Complex Ores in the Country.”
Pro-mining tribal groups had filed a petition for declaratory relief and injunction against Section 22 (b) of the Environment Code of South Cotabato, which Peña junked. The petitioners appealed his decision.
Casicas appealed to the public to help fight for the retention of the open-pit mining ban.
Aside from seeking the governor to exercise his veto on the decision of the Sangguniang Panlalawigan to lift the ban on open-pit mining, the Bishop also asked the public to call on the board members to reconsider their decision.
Since 2010, the open-pit mining ban hounded the giant Tampakan project, which has been pursued by Sagittarius Mines, Inc. (SMI) since the early 2000s.
SMI earlier revealed in a study that the most viable way to extract the minerals is through open-pit mining. The Tampakan project is touted as the largest undeveloped copper-gold minefield in Southeast Asia and among the biggest of its kind in the world. It has the potential to yield an average of 375,000 tons of copper and 360,000 ounces of gold in concentrate per annum in the expected 17-year life of the mine. (Bong S. Sarmiento / MindaNews)
0 Comments