1. New mining EO (Executive Order No. 79 s. 2012) revitalizing the Palawan campaign against
mining
August 2012
“The struggle to save Palawan, the Philippines’ Last Frontier, is not only about saving trees and rare
species. It is also about nourishing the Filipino cultural heritage, so powerfully represented by
indigenous communities that continue to represent the ‘living roots’ from which all Filipinos originate.
Therefore environmental plundering by mining companies is not only a crime against nature but also
a crime against culture, a sort of genocide that annihilates the most profound roots of the Filipino’s
history and ultimately plunders the cultural heritage of the whole nation.” –Ancestral Land Domain
Watch (ALDAW)
Introduction
A first read of the new mining executive order cheered up communities and advocates campaigning
for the protection of the province of Palawan against large scale mining operations. President
Benigno Simeon “PNoy” Aquino, III, signed Executive Order No. 79 series of 2012 last July 6i.
However, despite gains for the Palawan campaign, it remains to be a policy found to be inadequate
in addressing the concerns of mining-affected communities, specifically the indigenous peoples.
Palaweños awaited the new mining policy despite the presence of the 20-year old Strategic
Environmental Plan for Palawan Act (SEP Law a.k.a. Republic Act No. 7611) establishing the
environmentally critical areas network which establishes all natural forests of Palawan as core zones
(or areas of maximum protection). The law was passed to bring about a framework of development
for the province that supports and promotes its sustainable development. (See box article)
The Last Frontier of the Philippines is also endowed with mineral resources, including gold, nickel,
copper, cobalt, chromite and even mercury. It has been commercially mined since the 1970s.
Since the mid-nineties, civil society groups in Palawan led by the Palawan NGO Network, Inc. (PNNI),
have consistently opposed government’s approval and endorsements of large and small-scale mining
applications owing to the threats posed to Palawan’s biodiversity, cultural heritage and community
livelihoods. PNNI’s vigorous opposition of the proposed cement plant in Espanola in 1997 led to
DENR’s rejection of the proponent’s application for an environmental compliance certificate. As of
2008, PNNI has identified some 354 mining applications covering the whole Palawan (based on data
from the Mines and Geosciences Bureau). In 2011, the Palawan Council for Sustainable
Development (PCSD) claimed that some 429 mining applications exist.
In 2010, ALDAW, a local network of indigenous peoples struggling for the protection of their
ancestral lands against large-scale corporation, confirmed through geo-taggingii that the province
and its biodiversity are under threat due to the encroachment of most of the pending 354 mining
tenements in almost 50% of its total land area, covering forest ranges of Mt. Bulanjao which is a
proposed watershed area and falls under ‘core zones’iii which should not be open to any
development activity, and 90% of ancestral lands. Thereafter, ALDAW launched a signature
campaign signed by more than twenty thousand petitioners from all over the world to stop mining in
the forests of Palawan. However, the government did not hear this call.
It is important to note that deep concerns over the future of Palawan have also been raised by well-
recognized international institutions, and yet the Aquino administration have remained silent on
these. On February 2, 2011, the International Union for Conservation of Nature (IUCN) Director
General wrote a personal letter to the President, expressing his concern for the murder of Doc. Gerry
Ortega and for the threats that mining poses to Palawan fragile ecology. Two weeks later, on
February 18, following a massive letter campaign organized by ALDAW with the Support of Rainforest
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2. New mining EO (Executive Order No. 79 s. 2012) revitalizing the Palawan campaign against
mining
August 2012
Rescue, the UNESCO was asked to take immediate actions for the protection of its declared Palawan
“Man and Biospehere Reserves”. As a result, The UNESCO General Director, Irina Bokowa, formally
forwarded a letter of concern on the mining threats in Palawan to the Secretary of Foreign Affairs,
Chairman of the National Commission of the Philippines for UNESCO. A little later Bokowa also met
President Aquino in Manila, and the Palawan case was again discussed.
It was after the killing of environmentalist and broadcaster Dr. Gerry Ortega in January 24 last year
that Palaweños rage against mining fired up. The people went to the streets after the violent killing
of the critique who opposed mining and exposed bribery in the government in the endorsement of
mining projects. A week after the killing, ABS-CBN Bantay Kalikasan launched the Save Palawan
Movement and a 10-million signature campaign to stop mining in Palawan, in key biodiversity areas,
agricultural lands and ecotourism areas.
To date, the petition has gathered 6,853,574 signatures already. 278,211 signatures represent 52% of
the total voting population of the whole Palawan. In Puerto Princesa City, 88% of the total voting
population signed the petitions, while more signatures were from municipalities affected by mining,
Box article:
Palawan as an island ecosystem
Palawan is the largest province in the Philippines with a total land area is
1,489,655 hectares; 690,000 hectares of which are terrestrial forest and 44,500
hectares are mangrove forests. Palawan is composed of a long main island lying
in a northeast to southwest axis and surrounding it are clusters of lesser islands,
amounting to more or less 1600 small islands.
The main island has a tall steep mountain spine running down its length fringed
by narrow coastal plans protected from storm waves by fringing coral reefs and
mangrove swamps.
Although seemingly lush and bountiful, the environment of Palawan is fragile and
its top soils are relatively thin, poor and prone to erosion. The narrow shape of
the mainland and the smallness of surrounding islands will mean that erosion on
the upper slopes will immediately and directly silt the coastal areas.
Source: SEP Law
90% of voters in Aborlan, 90% Brooke’s Point, and 79% Narra, respectively.
The No To Mining in Palawan campaign has brought the Filipinos attention to the impacts of mining
to the country’s environment and natural resources. Through ABS-CBN and other media groups, the
advocacy on mining has reached a milestone. The Chamber of Mines of the Philippines was
constrained to meet with anti-mining groups head-on in various fora and debates on mining.iv
In November 2011, President Aquino instructed members of his cabinet to conduct a review of the
Philippine mining policy. After several months of consultations, and a number of drafts, the executive
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3. New mining EO (Executive Order No. 79 s. 2012) revitalizing the Palawan campaign against
mining
August 2012
order was signed in July 6, released July 9. The intent of the said policy was to address issues
revolving around the mining industry, specifically on the environmental impacts and economics or
revenue-generation.
EO 79 and some gains identified
Section 1 of the said EO identifies Areas Closed to Mining Applications, including protected areas and
prime agricultural lands covered by Republic Acts 7586 and 6657, respectively. Tourism development
areas and other critical areas, including island ecosystems are also considered as no-go mining zones.
Other provisions included the full enforcement of environmental standards and use of Programmatic
Environmental Impact Assessment that studies the impacts of development activities at different
levels. It also constituted the Mining Industry Coordinating Council that will ensure the proper
coordination and implementation of the new policy.
After the release of said document, the government is expected to start addressing concerns raised
about mining, including the lack of baseline data, policy inconsistencies, economic valuation of
natural resources, need to increase government share from, and effects of environmental
degradation.
In summary, the EO focused on establishing environmental safeguards and the need for a new
revenue sharing scheme, to maximize the country’s profit from mining. It did not make mention of
other concerns of communities, not only in Palawan, but also in other mining-affected areas, such as
social impacts and human rights violations.
Major mining issues
The province of Palawan is part of the “Man and Biosphere Reserve” program of UNESCO; it is home
to endemic species and hosts 49 animals and 56 botanical species found in the IUCN Red List of
Threatened Species. It is also home to 30% of the country’s coral reefs, has 17 key biodiversity
areasv (KBAs), and 8 declared protected areas. The province is host to one of the areas in the country
with intact old growth forests.vi It is also home to ethnic groups who compose 20% of Palawan’s
population.
The indigenous people living on the main island belong to three different groups: Palawan,
Tagbanua, Batak. In the southern part of the island, some communities are still living in partial
isolation. Their livelihood is based on swidden cultivation, hunting and gathering, and commercial
collection of Non-Timber Forest Products (NTFPs). Lowland indigenous communities also engage in
cultivation of coconuts and processing of copra, as well as in animal rearing.
However, the province and its people are under threat due to the increased incursion of mining
operations there. Today, varying large scale mining permits cover a total of 31, 809 hectares of the
province, while mining applications cover almost the whole of the island province.vii
According to PCSD, there are currently 429 mining applications in the province, which were no longer
entertained after President Aquino ordered a moratorium on processing mining applications in
February 2011.
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4. New mining EO (Executive Order No. 79 s. 2012) revitalizing the Palawan campaign against
mining
August 2012
Impacts of 30-years mining in Palawan includeviii: deforestation and loss of wildlife habitat, decrease in
quantity and quality of water supply and its impact to agricultural production; erosion and flashfloods;
threat to coastal resources; and health impact due to water and air pollution.
While, indigenous cultural communities (ICCs/IPs) oppose mining in their ancestral domains mainly
because of the intrusion of mining companies in ancestral lands and their failure to secure the needed
social acceptability requirement, including that of free prior and informed consent (FPIC). It was a shock
for IPs to find that communal lands are turned into private lands to accommodate mining tenements.
Through geo-tagging and other research led by ALDAW in collaboration with other institutions, it has
been found that MacroAsia, Lebach and Ipilan Nickel Corporation violated the Philippine Mining Act of
1995 and SEP Law as they carried out exploration in restricted zones, and will affect the watershed areas
from where IPs acquire their water for daily needs and irrigation. Further, exploration activities took
place in sacred lands, without the consent of the ICCs.ix
More importantly, there are clear and substantiated evidence on the forging and falsification by Lebach
of a Certificate of Precondition (CP) allegedly issued to the company by the National Commission on
Indigenous Peoples (NCIP). In spite of such strong evidence, no penal charges have yet been imposed on
Lebach, nor the company’s mining permit has been revoked.
In a video documentary entitled Palawan: our struggle for nature and culture, ALDAW presents the
sacred grounds of their ancestral domains covered by the mining concessions but without the consent
of the Palaw’an tribe. The 15-minute documentary depicts the culture of IPs in Palawan, the Batak myth,
and how mining operations, if allowed to pursue, will affect not just the environment but also their lives.
(See: www.youtube.com/watch?v=LA_3mE92RAE)
Palaweños also found themselves criticizing the role of the Department of Environment and Natural
Resources (DENR) and PCSD, created after the passage of the SEP Law, and have been found being
corrupted by mining corporations to entertain exploration in environmentally critical areas networks,
including virgin forests and supposed no-go zones.
EO 79 revitalizing the Palawan campaign
After the release of the new mining policy, communities and advocates in Palawan and other island
provinces were elated upon learning about the no-go zones or areas that will be closed to mining in
Section 1.
An accompanying directive of EO 79 was an instruction to the DENR and PCSD to “desist from processing
mining applications in Palawan and enhance the strict implementation and periodic review of the
Strategic Environmental Plan for Palawan with the PCSD”.x
The reaction of several organizations in Palawan, including PNNI and Environmental Legal Assistance
Center (ELAC)xi, vary. It is seen generally as a win for the Palawan advocacy, even including that of other
island provinces such as Mindoro, Marinduque and Romblon.
However, there seem to be a gray area on the continued operation of mining companies in Palawan that
were previously awarded concessions before the policy issuance. Groups expected, that considering
Palawan as a fragile island ecosystem, a complete mining ban be implemented.
Gina Lopez, anti-mining advocate and chief of Bantay Kalikasan was pleased with the provisions on no-
go zones. The campaign she leads, in effect has won to protect agricultural and ecotourism areas from
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5. New mining EO (Executive Order No. 79 s. 2012) revitalizing the Palawan campaign against
mining
August 2012
the devastation of mining operations.
ELAC finds that the order specifically on stopping the processing of mining applications in the island is a
small gain, meaning that the pending 429 mining applications will no longer be processed. On the other
hand, “processing” may be interpreted arbitrarily, as for advocates, this should mean that all MPSA
exploration holders who are still going trough the FPIC and SEP Clearance process in order to continue
and develop and utilize minerals must no longer be processed.
MPSAs of MacroAsia, Lebach, Ipilan and Hillborough, which are currently going through FPIC processes,
should no longer be allowed to continue.
Indigenous peoples on the other hand are firm in their decision to not allow mining in their ancestral
domains, as they know its devastating impacts to their lands and the threats it will bring not only to
them but also to the future generations.
ALDAW further states, “the new mining EO has been a huge disappointment for all of us, indigenous
peoples, environmental organizations and concerned citizens… The attempt to cope with the pressure
posed by escalating anti-mining sentiments has been rather inadequate and mostly cosmetic.”
The new policy has revitalized the Palawan campaign with some identified gains, and further escalated
the peoples clamor for change in the way we manage and utilize our resources.
Conclusion: Policy shift still needed
Despite some gains from the new EO, there is still a need to push for a new mining policy that will shift
the development paradigm being adopted by the current Administration. It is found that the current EO
still adheres to the export-oriented, foreign investments framework of exploiting our mineral wealth—
one that is not sustainable and responsible.
A law currently lodged in Congress is the Alternative Minerals Management Bill, which presents a
framework for the responsible utilization of our mineral resources that gives high consideration
protection of environment and the rights of communities. This law aims to address the gaps and flaws of
the current Mining Act of 1995.
“Building on these small gains, we need to muster further strength in ensuring that these gains will not
be rendered useless,” said Atty. Grizelda “Gerthie” Mayo-Anda, Assistant Executive Director of ELAC.
The Palawan campaign against mining does not stop there. Groups and communities in the area are still
closely monitoring the actions of PCSD, DENR, the provincial government, NCIP, and local government
units. Engaging these agencies in the proper implementation of the EO and its directives are important.
Further, there is a need to actively participate in the total economic valuation of the island, reviewing
the current mining operations and ensuring the protection and conservation of the Last Frontier.
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6. New mining EO (Executive Order No. 79 s. 2012) revitalizing the Palawan campaign against mining
August 2012
Table 1. Issues Mineral Production Sharing Agreement as of 2011
Corporation/ Mineral
Permit No., Area Coverage, Location Status
Permitee Resources
Palawan Star Ventures Mineral Production Sharing Agreement Limestone Approved MPSA dated January 19, 2001(no operation)
Mining Inc. - 172-2001-IV covering 5,234.21 has. in
Espanola, Palawan
Rio Tuba Nickel Mining Mineral Production Sharing Agreement Nickel Approved MPSA dated June 4, 1998 (pending the approval in PCSD
Corporation - 114-98-IV covering 990 has. in Mt due to legal cases filed and the mining claim falls under restricted
Bulanjao, Bataraza, Southern Palawan zone of the original and approved ECAN Zone of the municipality of
Bataraza. However, LGU Bataraza issued an ordinance amending the
zonation of Bulanjao Range into Mineralized Zone);
Currently in commercial operation
Celestial Mining Mineral Production Sharing Agreement Nickel Approved MPSA dated Sept. 18, 1993 - Transferred its MPSA to Ipilan
Corporation/ Ipilan - 17-93-IVB covering 2895.06 has. in Nickel Corpration (INC) Finished its exploration stage;
Nickel Mining Brgy. Mainit and Maasin, Brooke's Point NO OPERATION to date;
Corporation NO SEP CLEARANCE FOR MINING, DEVELOPMENT/UTILIZATION
Central Palawan Mining Mineral Production Sharing Agreement Limestone Approved MPSA dated January 19, 2001 (no operation to date)
and Industrial - 171-01-IVB covering 4896.01 has. in
Corporation Quezon
MacroAsia Corporation MPSA No. 220-2005-IVB issued in Nickel, chromite,Ended its exploration last December 2007 and issued ECC this August
December 1, 2005 covering 1113.9836 iron, and other 2010 in absence 0f SEP clearance for Utilization; Pending in PCSD the
has. in Brooke’s Point, Palawan associated approval of ECAN amendment of Brooke's Point;
mineral deposits NO ISSUANCE OF Certificate of Precondition from NCIP due to
irregularities of the conduct of free prior and informed consent
MacroAsia Corporation MPSA No. 221-2005-IVB issued in Chromite, nickel, Exploration
December 1, 2005 covering 410 has. in copper and other
Brooke’s Point, Palawan associated
mineral deposits
Lebach Mining EPA No. 230-2009 (issued 7-24, 2009), Nickel and other No social acceptability, series of records of irregularities in the
Corporation MPSA No. 285-2009 as amended associated conduct of FPIC - Forged the signatures of the Ancestral Domain
covering 2,500 has. in Bgy. Ipilan and mineral deposits Officer and FBI team; No SEP Clearance, no endorsement from
Aribungos, Brooke's Point affected barangays. But with questionable SB endorsement of
Brooke's Point.
Source: Mines and Geosciences Bureau and Palawan NGO Network, Inc., 2012
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7. New mining EO (Executive Order No. 79 s. 2012) revitalizing the Palawan campaign against
mining
August 2012
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8. New mining EO (Executive Order No. 79 s. 2012) revitalizing the Palawan campaign against
mining
August 2012
Endnotes:
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9. i
Download copy here: http://www.gov.ph/2012/07/06/executive-order-no-79-s-2012/
ii
In a photographic context, geotagging is the process of associating photos with specific geographic locations
using GPS coordinates. ALDAW geo-tagging findings are available through the following reports:
http://participatorygis.blogspot.com/2010/01/counter-mapping-in-philippines-gantong.html
http://participatorygis.blogspot.com/2010/01/bulanjao-geotagged-report.html
http://www.facebook.com/Aldaw.network.palawan.indigenous.advocacy?v=wall
iii
Core zones according to the SEP Law are “areas above 1,000 meters in elevation, virgin forests or primary
growth forests, areas with steep gradient (above 50% slope), and critically threatened/endangered habitats and
habitats of rare endangered species or habitats of Palawan local endemic species of flora and fauna”. This zone,
according to the SEP law, shall be fully and strictly protected and maintained free of human disruption.
iv
March 3, 2011: ANC Presents set up the first mining debate on television;
May 25, 2011: Bantay Kalikasan chief Gina Lopez and Philex President and former COMP Chairperson Mr. Gerry
Brimo was on a heated dialogue/debate in a formal forum where discussion focused on the ‘benefits of mining’;
March 2, 2012: A mining conference was held in Makati where the speakers discussed the impacts of mining on
the Philippine economy and environment.
v
Key Biodiversity Areas are “sites of global significance for biodiversity conservation, identified using globally
standard criteria and thresholds, based on the needs of biodiversity requiring safeguard at the site scale.“ They
cover 70% of the world’s natural resources. (Ruth Grace Ambal, Conservation International-Philippines)
vi
2000 Data from HARIBON Foundation 2003 based on ESSC 1999 cited there are only 18.3% total forest cover
in the Philippines and only 3% remaining old growth forest.
vii
Data gathered by Palawan NGO Network Inc, 2012. PNNI is a coalition of 33 NGOs/POs in the province of
Palawan.
viii
Anda and Galido The Cost and Benefits of Three Decades of Mining in Rio Tuba, Bataraza, Palawan, pp. 27-66,
Sharing Natural Wealth for Development – Case Studies from Palawan Province, Philippines, ELAC and Ateneo
De Manila University, September 2006.
ix
For further reading/reference, please see ALDAW Position Paper on Mining, 2010.
x
Memorandum from the Executive Secretary Pursuant to EO 79 (s. 2012), released 9 July 2012.
xi
PNNI, ELAC and ALDAW are members of Alyansa Tigil Mina.