In an endorsement dated September 22, 2009 which was acknowledged as received by the Rapu-Rapu municipal government on January 5, 2010, MGB V Regional Director Reynulfo A. Juan informed the LGU that RRMI may publicize its application to explore Poblacion and Morocborocan. Thirty (30) days are allotted to any interested party to raise its objection to the application. If there is no objection, RRMI can proceed to explore the areas.
The following excerpts from the Philippine Mining Act, DAO 1996-40 and DAO 2007-15 pertinent to the application for exploration permit serve to enlighten us on the prospects:
Philippine Mining Act of 1995
Section 20 Exploration Permit. - An exploration permit grants the right to conduct exploration for all minerals in specified areas. The Bureau shall have the authority to grant an exploration Permit to a qualified person.
Section 21 Terms and Conditions of the Exploration Permit. - An exploration permit shall be for a period of two (2) years, subject to annual review and relinquishment or renewal upon the recommendation of the Director.
Section 22 Maximum Areas for Exploration Permit. - The maximum area that a qualified person may hold at any one time shall be:
a. Onshore, in any one province
1. for individuals, twenty (20) blocks: and
2. for partnerships, corporations, cooperatives, or associations, two hundred (200) blocks.
b. Onshore, in the entire Philippines
1. for individuals, forty (40) blocks; and
2. for partnerships, corporations, cooperatives, or associations, four hundred (400) blocks.
c. Offshore, beyond five hundred meters (500m) from the mean low tide level:
1. for individuals, one hundred (100) blocks; and
2. for partnerships, corporations, cooperatives, or associations, one thousand (1,000) blocks.
Section 23 Rights and Obligations of the Permittee. - An exploration permit shall grant to the permittee, his heirs or successors-in-interest, the right to enter, occupy and explore the area: Provided, That if private or other parties are affected, the permittee shall first discuss with the said parties the extent, necessity, and manner of his entry, occupation and exploration and in case of disagreement, a panel of arbitrators shall resolve the conflict or disagreement.
The permittee shall undertake an exploration work on the area as specified by its permit based on an approved work program.
Any expenditure in excess of the yearly budget of the approved work program may be carried forward and credited to the succeeding years covering the duration of the permit. The Secretary, through the Director, shall promulgate rules and regulations governing the terms and conditions of the permit.
The permittee may apply for a mineral production sharing agreement, joint venture agreement, co-production agreement or financial or technical assistance agreement over the permit area, which application shall be granted if the permittee meets the necessary qualifications and the terms and conditions of any such agreement: Provided, That the exploration period covered by the exploration permit shall be included as part of the exploration period of the mineral agreement or financial or technical assistance agreement.
Section 24 Declaration of Mining Project Feasibility. - A holder of an exploration permit who determines the commercial viability of a project covering a mining area may, within the term of the permit, file with the Bureau a declaration of mining project feasibility accompanied by a work program for development. The approval of the mining project feasibility and compliance with other requirements provided in this Act shall entitle the holder to an exclusive right to a mineral production sharing agreement or other mineral agreements or financial or technical assistance agreement.
Section 25 Transfer or Assignment. - An exploration permit may be transferred or assigned to a qualified person subject to the approval of the Secretary upon the recommendation of the Director.
DENR Department Administrative Order 1996-40
Section 15 Areas Closed to Mining Applications. - Pursuant to the Act and in consonance with State policies and existing laws, areas may be either closed to mining applications or conditionally opened therefor.
a. The following areas are closed to mining applications:
1. Areas covered by valid and existing mining rights and mining applications subject to Subsection b(3) herein;
2. Old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forests, mossy forests, national parks, provincial/municipal forests, tree parks, greenbelts, game refuge, bird sanctuaries and areas proclaimed as marine reserves/marine parks and tourist zones as defined by law and identified initial components of the National Integrated Protected Areas System (NIPAS) pursuant to R.A. No. 7586 and such areas expressly prohibited thereunder, as well as under Department Administrative Order No. 25, Series of 1992, and other laws;
3. Areas which the Secretary may exclude based, inter alia, on proper assessment of their environmental impacts and implications on sustainable land uses, such as built-up areas and critical watersheds with appropriate barangay/municipal/city/provincial Sanggunian ordinance specifying therein the location and specific boundary of the concerned area; and
4. Areas expressly prohibited by law.
Mining applications which have been made over the foregoing areas shall be reviewed and, after due process, such areas may be excluded from said applications.
b. The following areas may be opened for mining applications the approval of which are subject to the following conditions:
1. Military and other Government Reservations, upon prior written clearance by the Government agency having jurisdiction over such Reservations;
2. Areas near or under public or private buildings, cemeteries, archaeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private works, including plantations or valuable crops, upon written consent of the concerned Government agency or private entity subject to technical evaluation and validation by the Bureau;
3. Areas covered by FTAA applications which shall be opened for quarry resources mining applications pursuant to Section 53 hereof upon the written consent of the FTAA applicants, except for sand and gravel applications which shall require no such consent;
4. Areas covered by small-scale mining under R.A. No. 7076/P.D. No. 1899 upon prior consent of the small-scale miners, in which case a royalty payment, upon the utilization of minerals, shall be agreed upon by the concerned parties and shall form a Trust Fund for the socioeconomic development of the concerned community; and
5. DENR Project Areas upon prior consent from the concerned agency.
The Bureau shall cause the periodic review of areas closed to mining applications for the purpose of determining whether or not their continued closure is consistent with the national interest and render its recommendations, if any, to the Secretary for appropriate action.
Section 21 Publication/Posting/Radio Announcement of an Exploration Permit Application. - Within fifteen (15) working days from receipt of the necessary area clearances, the Bureau/concerned Regional Office(s) shall issue to the applicant the Notice of Application for Exploration Permit for publication, posting and radio announcement which shall be done within fifteen (15) working days from receipt of the Notice. The Notice must contain, among others, the name and complete address of the applicant, duration of the permit applied for, extent of exploration activities to be undertaken, area location, geographical coordinates/meridional block(s) of the proposed permit area and location map/sketch plan with index map relative to major environmental features and projects and to the nearest municipalities.
The Bureau/concerned Regional Office(s) shall cause the publication of the Notice once a week for two (2) consecutive weeks in two (2) newspapers: one of general circulation published in Metro Manila and another published in the municipality or province where the proposed permit area is located, if there be such newspapers; otherwise, in the newspaper published in the nearest municipality or province.
The Bureau/concerned Regional Office shall also cause the posting for two (2) consecutive weeks of the Notice on the bulletin boards of the Bureau, the concerned Regional Office(s), Provincial Environmental and Natural Resources Office(s) (PENRO(s)), Community Environmental and Natural Resources Office(s) (CENRO(s)) and in the concerned province(s) and municipality(ies), copy furnished the barangay(s) where the proposed permit area is located. Where necessary, the Notice shall be in a language generally understood in the concerned locality where it is posted.
The radio announcements shall be made daily for two (2) consecutive weeks in a local radio program and shall consist of the name and complete address of the applicant, area location, duration of the permit applied for and instructions that information regarding such application may be obtained at the Bureau/concerned Regional Office(s). The publication and radio announcements shall be at the expense of the applicant.
Within thirty (30) calendar days from the last date of publication/posting/radio announcements, the authorized officer(s) of the concerned office(s) shall issue a certification(s) that the publication/posting/radio announcement have been complied with. Any adverse claim, protest or opposition shall be filed directly, within thirty (30) calendar days from the last date of publication/posting/radio announcement, with the concerned Regional Office or through any concerned PENRO or CENRO for filing in the concerned Regional Office for purposes of its resolution by the Panel of Arbitrators pursuant to the provisions of the Act and these implementing rules and regulations. Upon final resolution of any adverse claim, protest or opposition, the Panel of Arbitrators shall issue a Certification to that effect within five (5) working days from the date of finality of resolution thereof. Where no adverse claim, protest or opposition is filed after the lapse of the period for filing the adverse claim, protest or opposition, the Panel of Arbitrators shall likewise issue a Certification to that effect within five (5) working days therefrom.
However, previously published valid and existing mining claims are exempted from the publication/posting/radio announcement required under this Section.
No Exploration Permit shall be approved unless the requirements under this Section are fully complied with and any adverse claim/protest/opposition thereto is finally resolved.
Section 203 Filing of Adverse Claims/Conflicts/Oppositions. - Notwithstanding the provisions of Sections 21, 38 and 55 hereof, any adverse claims, protest or opposition specified in said Sections may also be filed directly with the Panel of Arbitrators within the prescribed periods for filing such claim, protest or opposition as specified in said Sections.
Section 204 Substantial Requirements for Adverse Claims, Protests and Oppositions. - No adverse claim, protest or opposition involving mining rights shall be accepted for filing unless verified and accompanied by the prescribed docket fee and proof of services to the respondent(s), either personally or by registered mail: Provided, That the requirement for the payment of docket fees shall not be imposed on pauper litigants.
Likewise, no adverse claims, protest or opposition shall be entertained unless it contains the names and addresses of the adverse party, protestant, oppositor and the respondent and their respective counsels, if any; a detailed statement of the facts relied upon; the grounds for adverse claim, protest or opposition; and an exhaustive discussion of the issues and arguments raised; together with all supporting plans, documents, data and other documentary evidences and affidavits of all witnesses.
Section 205 Period to Decide the Case. - The Panel shall render its decision within thirty (30) days, after the submission of the case by the parties for decision.
Section 206 Execution and Finality of Decision. - The decision of the Panel of Arbitrators shall become final and executory after the lapse of fifteen (15) days from receipt of the notice of decision by the aggrieved party, unless the latter appeals to the Mines Adjudication Board within the same period. Where an appeal is filed, the concerned Panel of Arbitrators shall transmit the notice thereof together with the records of the case within five (5) days to the Mines Adjudication Board.
Upon the finality of the decision of the Panel of Arbitrators, no appeal having taken therefrom, the Chairman of the Panel of Arbitrators shall issue a writ of execution directing the Sheriff of the Regional Trial Courts, with jurisdiction over the area, to implement and execute the writ.
DENR Department Administrative Order 2007-15
Section 3. Section 21. (PublicationlPostinglRadio Announcement of an Exploration Permit Application) is hereby amended, to read as follows:
"Section 21. PublicationlPostinglRadio Announcement of an Exploration Permit Application
Within five (5) working days from receipt of the necessary area clearances, the Regional Office(s) concerned shall issue the Notice of Application for Exploration Permit to the applicant for publication and radio announcement, and to the Offices concerned for posting. The Notice must contain, among others, the name and complete address of the applicant, duration of the permit applied for, extent of exploration activities to be undertaken, area location, geographical coordinateslmeridional block(s) of the proposed permit area and location maplsketch plan with index map relative to major environmental features and projects and to the nearest municipalities.
Within five (5) working days from receipt of the Notice, the Exploration Permit applicant shall cause the publication thereof once in two (2) newspapers: one of general circulation published in Metro Manila and another published in the municipality or province where the proposed permit area is located, if there be such newspapers; otherwise, in the newspaper published in the nearest municipality or province. The pertinent affidavits of publication shall be submitted by the Exploration Permit applicant to the Regional Office concerned within five (5) days from the date of publication of the Notice.
The Regional Office concerned shall cause the posting of the Notice on its bulletin board, and those of the province(s) and municipality(ies) concerned, or city(ies) concerned, for one (1) week, copy furnished the Bureau and the barangay(s) where the- proposed permit area is located. Where necessary, the Notice shall be in a language generally understood in the concerned locality where it is posted.
The radio announcements shall be made daily for one (1) week in a local radio program and shall consist of the name and complete address of the applicant, area location, duration of the permit applied for and instructions that information regarding such application may be obtained at the Regional Office(s) concerned. The publication and radio announcements shall be at the expense of the applicant.
Within five (5) working days from the last date of posting and radio announcement(s), the authorized officer(s) of the concerned office(s) shall issue a certification(s) that the posting/radio announcement have been complied with. Any adverse claim, protest or opposition shall be filed directly, within ten (10) working days from the date of publication or from the last date of posting/radio announcement, with the Regional Office concerned or through any PENRO or CENRO concerned for filing in the Regional Office concerned for purposes of its resolution by the Panel of Arbitrators pursuant to the provisions of the Act and these implementing rules and regulations. Upon final resolution of any adverse claim, protest or opposition, the Panel of Arbitrators shall issue a Certification to that effect within five (5) working days from the date of finality of resolution thereof. Where no adverse claim, protest or opposition is filed after the lapse of the period for filing the adverse claim, protest or opposition, the Panel of Arbitrators shall likewise issue a Certification to that effect within five (5) working days from receipt of the request of any concerned party.
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No exploration permit shall be approved unless the requirements under this Section are fully complied with and any adverse claim/protest/opposition thereto is resolved with finality.
What is in store for the people of Rapu-Rapu and the entire province of Albay? If the mining operation in the southern villages is any indication, then we can only expect more heavy metal pollution and more economic injustice from the expansion of Lafayette mining. If the 180-hectare quarrying and processing activities resulted in fishkills, fish catch decline from 50 to 3 bañeras, severe contamination of the creeks, and poverty among the island residents, then what awaits us with the additional 608-hectare operation?
Lafayette might respond again by saying that the exploration does not necessarily mean full operation. Only when they find minerals will that happen. In reply, we say that this is like claiming that a father should not worry that his daughter was kidnapped because if the kidnappers find out that she is not good-looking, then they would not rape her!
Rapu-Rapu and the surrounding areas are reeling from the environmental damage and economic injustice brought about by Lafayette mining. The company wants to thrust its knife deeper into the bossom of our patrimony and the government is not coming to our aid; it is even cheering Lafayette in its rapacious onslaught on the island. The MGB V endorsement is nothing less than that.
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