JON KRISTOFFER D.

PIZARRO

ENTRY FOR ST. THOMAS MORE SCHOLARSHIP

A Strong Mining Law and Weak-Fisted Implementer in a Rich Region

The laws of the Philippines from the Constitution, to the statutes, to the executive orders,
issuances and ordinances on mining largely affect the CARAGA Region. CARAGA Region is
located at the Southern part of the Philippines. It is home to 12 Key Biodiversity Areas identified
by Haribon Foundation and the Philippine Department of Environment and Natural Resources.
The Key Biodiversity Areas include: Mt. Kambinliw and Mt. Redondo in Dinagat Islands which
is home to the critically endangered Dinagat bushy-tailed cloud rat which was recently
rediscovered after decades of disappearance, the endangered Dinagat hairy-tailed rat, Dinagat
Gymnure which has been declared by the EDGE Species Programme of the Zoological Society
of London as one of the top 100 most evolutionary distinct and globally endangered species in
the world, and a strange sub-species of the Philippine Tarsier which is unusually larger and
darker in color than the common Philippine tarsier; Siargao Island Protected Landscape and
Seascape in Surigao del Norte which is the surfing capital of the country; Carrascal Bay in
Surigao del Sur; Consuelo and General Islands in Surigao del Sur; Mt. Hilong-hilong which is
shared by Agusan del Norte, Agusan del Sur, Surigao del Norte, and Surigao del Sur and is
regarded as one of the most expansive home of the critically endangered Philippine Eagle;
Magsaysay in Agusan del Norte; Mt. Kaluayan-Mt. Kinabalian which is shared between Agusan
del Sur and Northern Mindanao's Bukidnon province; Cagwait in Surigao del Sur; Mt. Diwata
Range which is shared between Agusan del Sur and Surigao del Sur and is a focal point in the
West Mindanao Ecological Frontier; Hinatuan Bay in Surigao del Sur which is famous for its
Hinatuan Enchanted River; Bislig Rainforest between Agusan del Sur and Surigao del Sur; and
Agusan Marsh Wildlife Sanctuary in Agusan del Sur which is part of the UNESCO Tentative
List.

In the aspect of resources, The region is noted for its wood based economy, its extensive
water resources and its rich mineral deposits such as iron, gold, silver, nickel, chromite,
manganese and copper. Its leading crops are palay, banana and coconut.

The region features several beaches, abundant seafood, hot and cold springs, evergreen
forests and balmy weather. Therefore, CARAGA is rich not only in food resource, lumber
products, and tourist destinations but also mining resources. In fact various provinces within the
region allow the operation of mining. The region contains one of the last ecological frontiers of
the Philippines.

The Philippine laws regarding nature such as laws on mining is based on the
Constitutional provision that the state shall promote a balanced and healthful ecology. While the
state does not absolutely prohibit mining, it allows responsible mining. This means that while
there is exploitation of natural resources, we allow nature to regenerate and we allow the
community surrounding the mined areas to earn from the operation of mining.

If the mining laws are strictly followed and does not have loopholes both in its provisions
and its implementation, CARAGA would have been one of the most prosperous regions in the
Philippines and not merely a rope in a tug of war to exploit the regions natural resources. If the
laws were efficient, communities in the mined areas could be living a happy life, able to educate
their children, and live in a place where what is due to nature is given back, Where, trees which
were cut down to facilitate mining, regenerate and replaced by the miners.

However, the failure of the laws to provide stringent provisions on mining in CARAGA
and its weak implementation shows a deadly complimenting due which creates a powerful
impact to CARAGA, a total dilemma. Lacking the strong laws and proper implementation,
CARAGA suffers a catastrophe. Citizens, do not earn, the natural resources totally exhausted
without room for it to regenerate and other resources such as aquatic resources and drinking
water is affected.

Perhaps, one of the places where the negative impacts of the failure of the laws to protect
nature is evident is Tubay, Agusan del Norte, CARAGA. Years ago, as you travel to Tubay, you
would see the vast greenery of its mountain. You may also choose to swim at the clean waters of
its beach. However, over time, mining was permitted, and the place slowly changed. The
wonderful scenery of the mountain, cut in half. As such, this would simply mean that a lot of
trees were cut down. This contributes to global warming, and displaces our wild animals from
their natural habitat. Worse, this makes the place prone to landslides. However, despite these
facts from persons interviewed in media accounts, the mining still continues in that area, perhaps
due to the weak implementation of laws.

The effect of mining on the beach of Tubay creates a huge impact not only to the
livelihood of the fishermen, but to the aquatic resource of the place. While the mining resource
increases, aquatic resource decreased, a total dilemma, so to speak. Furthermore, aside from the
fact that fisherman could no longer fish in the waters near to the shore, bathing at the beach in
the said municipality is not also recommended. Lastly, the siltation may even poses a great threat
of water contamination to the regions drinking water. We must remember that the aquatic
bodies within the region does not encompass merely one municipality, but many of which are
interconnected. Furthermore, contamination in one area, may mean possible contamination to the
whole water resource of the region.

Despite the dark years where environmental resources were let to waste and exploitation,
Philippines was shortly blessed when a real environmentalist, former Sec. Gina Lopez was
appointed as environment secretary.

During her term, she personally inspected the CARAGA region and even shut down 14
mining firms in the region for violating our environmental laws. Among these firms are those in
Dinagat Islands, AAMPHIL Natural Resources Exploration, Oriental Synergy Mining
Corporation, Sinosteel Philippines, HY Mining Corporation, Kromico Incorporated, Oriental
Vision Mining Philippines Corporation, Wellex Mining Corporation and Libjo Mining
Corporation. Also, in Surigao del Norte, those to be closed are Hinatuan Mining Corporation in
Hinatuan Island, Tagana-an town, Adnama Hinatuan Mining Corporation in Urbiztondo village,
Claver, Claver Mineral Development Corporation in Cagdianao village, Platinum Development
Corporation in Cagdianao village, Claver town. And in Surigao del Sur, CTP Construction and
Mining Corporation and Carrascal Nickel Corporation both located in the town of Carrascal and
the Marcventures Mining and Development Corporation operating in the watershed area in the
town of Cantilan are about to be closed.

In an episode of Balitanghali, the show visited the Dinagat Islands where the video
showed the closed firms, where mountain are closely bald, remnants of the open-pit mining were
apparent, and tracks of trucks carrying the minerals left, and the waters flowing in the shore were
as brown as soil, evidently, siltation. The show interviewed a resident who opposed mining,
Vergel Villamor who said that the water they drunk was already not as clear as before and the
roads they used to pass, were already destroyed due to mud falling from the mountain. The very
reason why Sec. Lopez closed the mining operation in the said area is due to the siltation of the
coastal waters. In addition, the mayor of the Island says that the mining firm still owed them
millions worth of taxes.

Another area where mining firms were closed in CARAGA was in Placer, Agusan del
Norte. According to Sec. Lopez, the firm operating in Placer was suspended in 2001 due to non-
renewal of permit to operate. One of its open pits is pH 2.8. Furthermore, it had a spill incident in
September 1995 releasing 50,000 cubic meters of tailings killing 12 and polluting the coastal
waters. And more recently, in 1999, it released 700,000 tons of tailings, burying 17 homes and
40 hectares of land, including 20 hectares of agricultural land.

A worse situation was that in Claver, Surigao, del Norte which was closed not only due to
the siltation of coastal waters, but also due to the operation of mining inside the watershed. In a
more harmonious chain of events, the operation of the mining firm was linked to their
respresentative, Prospero Pichay who opposed the closure orders. Barbers on the other hand,
filed raps versus the representative for unethical conduct in operating illegal mining.

Similarly, the mining operations both in Carrasacal and Cantilan, Surigao del Sur were
shut down for the very same reason.

We must remember how important a watershed is. A watershed is an area of land that
drains all the streams and rainfall to a common outlet such as the outflow of a reservoir, mouth
of a bay, or any point along a stream channel. The word watershed is sometimes used
interchangeably with drainage basin or catchment. Ridges and hills that separate two watersheds
are called the drainage divide. The watershed consists of surface water--lakes, streams,
reservoirs, and wetlands--and all the underlying ground water. Larger watersheds contain many
smaller watersheds. It all depends on the outflow point; all of the land that drains water to the
outflow point is the watershed for that outflow location. Watersheds are important because the
streamflow and the water quality of a river are affected by things, human-induced or not,
happening in the land area "above" the river-outflow point.

Lastly, Hinatuan Mining Corporation in Taganaan, Surigao del Norte was shut down for
the destruction of the island itself. From the picture presented by Sec. Lopez during her
announcement of the closure order of the said firms, it is apparent that more or less 70% of the
islands greenery has been destroyed to give way to mining.

Forests ares essential to human life. The importance of forests cannot be underestimated.
We depend on forests for our survival, from the air we breathe to the wood we use. Besides
providing habitats for animals and livelihoods for humans, forests also offer watershed
protection, prevent soil erosion and mitigate climate change. Yet, despite our dependence on
forests, we are still allowing them to disappear.

To understand further the very reason for the closure of many minings firms, let us
understand siltation which was used as the common ground for the closure of most of the mines.
Siltation or siltification is the pollution of water by particulate terrestrial clastic material, with a
particle size dominated by silt or clay. It refers both to the increased concentration of suspended
sediments, and to the increased accumulation (temporary or permanent) of fine sediments on
bottoms where they are undesirable. Siltation is most often caused by soil erosion or sediment
spill.
 Siltation or siltification is the pollution of water by particulate terrestrial clastic material,
with a particle size dominated by silt or clay. It refers both to the increased concentration of
suspended sediments, and to the increased accumulation (temporary or permanent) of fine
sediments on bottoms where they are undesirable. Siltation is most often caused by soil erosion
or sediment spill.

Sadly, in a strange turn of events, Sec. Lopez was not confirmed by the Commission on
Appointments, worse it is the presidents allies who did not vote for her.

While CARAGA may be one of the richest regions in the Philippines in terms of natural
resources, the same must not be exploited in such a manner that nothing remains to the majority
of the people residing in the mining area. Mining must not enrich a few only, but the many, for
its operation does not entail the normal risk of loss in a business, but the total loss of the
environment of CARAGA, or even the Philippines. A threat to the environment is a threat to the
citizenry living therein.

Mining laws must be stringent enough, that it is almost impossible to mine, because to
allow a weak law, or a law with loopholes, creates irreversible mistakes which may affect not
only us, but the generations to come. On the other hand, the implementer must be iron-fisted or
else, the very purpose of the law might not be achieved. In a span of two years, we saw how
change came to effect, a strong implementation of strong strict laws on mining in CARAGA.
However, with the non-confirmation of the good Gina Lopez, would this mean that we are going
back to a weak-fisted implementer?

Be that as it may, the Philippines must not only enact strong, iron-fisted regulations, but
its implementation must be strictly observed, since to enact a weak law, is like having no law at
all. If we want to see CARAGA flourish in an eco-friendly way, we must protect it by
strengthening our laws, and its implementation. Environment is our past, present and future,
CARAGA is still part of the Philippines, the destruction of its environment through the loopholes
of our mining laws, is not only a danger to CARAGA, but to the entirety of the Philippines, a bad
precedent, a start of the decay of nature.