DEFEND ILOCOS AGAINST MINING PLUNDER

BANTAY, KARAYAN KEN BAYBAY, SALAKNIBAN!

c/o ILOCOS PEOPLES CENTER, #04 Rizal Street, Zone 3, Bantay, 2727 Ilocos Sur www.defendilocos.weebly.com e-mail: defendilocos@yahoo.com landline: (077) 722-7933

BRIEFING PAPER ON THE ISSUANCE OF THE CEASE & DESIST ORDER AGAINST WELLRESOURCE MINING COMPANY Background 1. The site inspection was based on a request letter from Defend Ilocos Against Mining Plunder (DEFEND ILOCOS) dated October 17, 2012 addressed to MGB Regional Director Carlos Tayag and received by the said office on October 18, 2012. The inspection was initially scheduled on January 15-16, 2013 but was moved to January 22, 2013. 2. Similar letters from DEFEND ILOCOS were also sent to Mr. Benjamin Abucay, PENRO and the Provincial Board of Ilocos Sur for consideration and action through Atty. Robert Tudayan, Chair of the Committee on Environment. 3. A petition was likewise submitted to the Office of the Governor on November 26, 2012 asking the governor to stop all magnetite mining operation and closure of facilities in the Province noting that said operations are illegal. 4. The January 22, 2013 Joint Site Inspection covered the mining areas and facilities in Caoayan and San Vicente and attended by MGB led by Engr. Roel Collado, Chief of the Mines Management Division, DEFEND ILOCOS, and Social Action Center of the Archdiocese of Nueva Segovia represented by Sis. Lilian Carranza. 5. Cease and Desist Order was issued by MGB on January 28, 2013 and was received by concerned offices and local government units on January 31, 2013. Key Observations and Implications 1. Unable to face concerned authorities and documentary scrutiny. Wellresources Mining Company, shutdown their operation and sent home their employees before the inspection team arrived in Caparacadan, Caoayan on January 22, 2013 clearly an indication that the operation justify their operation with the possible scrutiny of MGB personnel tasked to conduct the inspection. This is despite the claim of the company, the local government unit, and the barangay chief that said operation is legitimate and abides by the principle of responsible mining. 2. Existence of illegal mining operation in the Province. Wellresources Mining Company has been operating since September 2012 without any mining permit. a. The CDO is based on the absence of pertinent mining permit Wellresources is a holder of an Environmental Compliance Certificate but has no Mineral Processing Permit. Under DENR Administrative Order No. 2003-30: Art. II Sec. 4. 2 The issuance of ECC or CNC for a project under the EIS System does not exempt the proponent from securing other government permits and clearances as required by other laws.

b. Documents submitted by company personnel during the inspection indicate that permits and other requirements were issued much later than the actual start of mineral extraction. In San Vicente, videos, images and satellite screen shots from Google Earth show trace of operation as early as 2009 and way before October 09, 2012, the date of issuance of the MPP. In Caparacadan, Caoayan the Provisional ISAG Permit issued by Gov. Luis Singson is dated January 7, 2013 while actual operation started on September 2012.

c. Extracted and transported magnetite concentrates from Caoayan and San Vicente to Salomague Port without securing a Mineral and Ore Transport Permit from the MGB. d. Issues cited on letters a-c as defined by DAO 96-40 (IRR of RA 7942) as amended constitute to illegal mining Section 131. Illegally sourced minerals and mineral products are those which are mined, extracted, removed, and/or disposed without authority or permit under existing mining laws, rules and regulations. Transport of all minerals and mineral products must be accompanied by an Ore Transport Permit issued by the Regional Director or duly authorized representative Absence of the foregoing documents shall be considered prima facie evidence of illegal mining

Section 132.

Section 133

e. Violation of the 200 meters onshore no mining zone along the shoreline as stipulated in DENR Administrative Order 96-40, the Revised Implementing Rules & Regulation of RA 7942 or the Philippine Mining Act of 1995 as amended by DENR Administrative Order 2007-15: Section 15.4 Offshore areas within five hundred (500) meters from the mean low tide level and onshore areas within two hundred (200) meters of the mean low tide level.

3. A clear connivance between the local government authorities and mining companies. The local government of said municipalities, including the Provincial Government and the Environment & Natural Resources Management Office were aware of the operation, tolerated and in fact continue to condone said activity despite protest from the communities and different sectors making them equally liable. The aid offices have even justified the operation using the catch phrase responsible mining. 4. Government officials are acting as mouthpiece for the company. During the Site Inspection, Mayor Germy Goulart acknowledged that Wellresource has already started extracting magnetite sand while still processing the necessary permit. She defended the operation of the company citing economic projects promised by the investors. In a radio interview by DWRS, Mr. Raymund Sinay, OIC-ENRMO Ilocos Sur pronounced that the company can still continue its operation despite the CDO and at the same time correct cited violations. 5. Outright disregard of the CDO and failure of the rule of law. The continuing operation of the company in Caoayan and San Vicente as of this time despite the CDO a manifestation of utter neglect of duty by local authorities and inability to enforce existing laws, as well as abide by orders of duly constituted agency. Note that the operation in Caparacadan is also within short distance of the Provincial PNP Maritime Patrol Station (located in Brgy. Mindoro, Vigan City) that failed to enforce the law since August 2012 up to present. 6. Test case of MGBs seriousness and ability to stop illegal mining and prosecute those who are liable. Issuance of the CDO is much welcomed, however, decisive actions could have been taken earlier if the agency immediately took into consideration the October 17, 2012 letter and if the concerned offices and agencies in provincial level carried out their duties when informed of the said grave violation of environmental provisions case in point, the PENRO, ENRMO and the Provincial Board. CDO should also come with proper remediation for the damages and MGB should pursue appropriate legal action against the company and the involve officials for clear neglect of duty, non-compliance with the CDO and condoning such illegal operation.