Latest Report from the Island

The following text message was received by a friend of the Alliance:

Digdi po sa Mananao nagpoon na an exploration kan pagmimina. Asin nahahandal an mga residents nin huli ta an saindang tubig apektado.

Translation:

Here in Mananao mining exploration has started. The residents are apprehensive because their water supply is affected.

Date: November 25, 2011

Aside from the effects on water supply, the coloration of creeks has been observed. The silt has reached the sea and fishing is made more difficult.

The MGB V Photographs and "Bathing" in the Creeks of Rapu-Rapu

In his letter to SARA Spokesperson and Secretary-General of Aquinas University of Legazpi, Mines and Geosciences Bureau Region V Director Reynulfo A. Juan claims that Mr. Virgilio S. Perdigon, Jr. has interminable questions. He alleges that they went to the creeks and bathed there. He attaches photographs as evidence of such bathing. We direct the attention of the reader to those photographs which we post above under the same title “MGB V Photographs and Bathing in the Creeks of Rapu-Rapu.” We place them there for better viewing.

Mr. Perdigon replies as follows:

As regards your feeling that I have interminable questions, I respond that we citizens are interminable in paying our taxes. Every year we pay our income tax and every day we pay EVAT. Hence, I do not see consistency when you “feel (I) have interminable questions.” The fact is that the questions are the same. They are just not answered well enough to be credible to us taxpayers. At best, your answers have been piecemeal and evasive. It is our right to raise the same unanswered questions per guarantee of the Constitution and it is your duty to properly answer them according to RA 6713.


We cut and paste our challenge because it seems you fail to understand it (please refer to letter dated March 21, 2011):

Your bathing in the creeks will be open to the public, the sites and dates will be chosen randomly by our side, it will be done four times with each lasting for at least thirty minutes. If any fish is found, we will cook it for you. We do not agree that the dates will depend on the next MMT inspection since we have already expressed no faith in that group. It is also necessary to withdraw the armed men preventing public access to the creeks.

These conditions are essential because they are intended to establish credibility. None of these are met in your alleged “bathing” for the following reasons:

(1) The good Director says he believes the contamination data but he is not among those “bathing.” Someone is shown sitting on the rocks (obviously not bathing) but the face is not recognizable. A group of men seated around some food are not bathing either. They do not appear to be anywhere near the creeks. Instead they are in a parking lot as indicated by the pickup truck in the background.

(2) Our side did not randomly choose the dates and sites hence we cannot say that the photos were taken in any of the contested creeks. It is apparent by your unilateral action that your side is not willing to concede this condition. Our random choice is essential to prevent any prior “sanitization” of certain spots for the purpose of photo operation (though we do not claim that your group actually did it this time).

(3) The people in the creeks are not actually in contact with the water. They are perching on rocks instead, obviously avoiding the effluent. The feet of the men in blue overalls are almost all hidden from the camera but obviously not immersed in water. Still, two photos show that they are wearing what appears to be rubber boots, another evidence of avoidance.

(4) The photos show that green vegetation is distant from the water while vines that are in contact with it are brown, leafless and (as they appear in the photos) dead. (In healthy creeks like those at the foot of Mt. Mayon, the leaves mingle with the water and the creek beds are green with moss. Please see my attachment.) In the creeks photographed by MGB V yellowish coloration is evident. In the data you have presented, nothing is mentioned about results of sampling for heavy metals and nothing is said about freshwater organisms. Allowing us free access and surprise visits would have revealed if there are even snails in the creeks.

(5) The people shown to be at the mouth of one creek are also not bathing but standing. Since they were photographed at a great distance, MGB V fails to prove that they are not wearing rubber boots.

(6) The people shown to be bathing are not doing so in the creeks but far out in the sea whose location is not verified. We cannot tell how long they stayed in the seawater.

(7) Even after the alleged event, we cannot verify your photos through an ocular inspection because armed guards are preventing us, contrary to the “invitation” stated in your letter dated April 15, 2011.

As another example of your evasiveness, it took several months before we were informed of the identity of the “geochemist.” Any taxpayer would not be satisfied until this information is given. We want to know his or her identity because the day will come when our group will either praise for truth or file a falsification case for data tampering. I took note of your information that the geochemist Ms. Pearl Marian A. Peralta is a contractual employee of MGB V.

The strength of our Republic lies in the vigilance and persistence of its citizens. The Arroyo administration failed in its bid for a “strong republic” because of lies. Under the new administration of PNoy, we taxpayers believe in Daang Matuwid. Our contribution to its realization is to scrutinize every information we receive from public servants. Saving Rapu-Rapu means knowing whether there is environmental damage and economic injustice or not, and then acting on the basis of truth.

Nice try about the “bathing” and the photos but please make them convincing next time. Thank you.

Two Conferences and a Fishkill

The following was written by SARA Spokesperson Virgilio S. Perdigon, Jr.:

Through a text message to the radio program of the EMB V over Radio Veritas, Marhay na Aga Kapalibutan, I informed the new Director, Fernando Quililan, that the creeks emanating from the mine sites of Rapu-Rapu are colored red, yellow, orange and brown. That was on January 3, 2011. The Director promised publicly that he would have the matter investigated. I followed up with a letter dated January 15.

January went and February came but no result was reported. I called up the radio program and only the EMB V staff was on board. They said an investigation team would go to the island in the first week of March. I waited.

On March 31, I received a fax message inviting me to a technical conference with EMB V and the mining companies on April 14. Two days before the schedule, the conference was reset to April 26. On that day, at past 2 pm, Engr. Rogelio Corpus, President of Rapu-Rapu Minerals, Inc. and Mrs. Carmelita Borbe Pacis, RRMI Pollution Control Officer, came. Several personnel of EMB V attended, including Engr. Henry Lopez who presided. EMB V presented its findings with color photographs allegedly of the creeks and Engr. Lopez asked me if I had any comments. I replied that I would rather give the floor to the mining companies’ representatives first. I say “companies” because, as I understood, Engr. Corpus and Mrs. Pacis were representing Rapu-Rapu Processing, Inc., Rapu-Rapu Holdings, Inc., Korea Resources Corporation, LG International Corporation and Malaysia Smelting Corporation.

Engr. Corpus said that the photographs of EMB V did not show much improvement in the creek coloration. He asked to be allowed to present photographs taken on April 25. So, Mrs. Pacis presented what they alleged to be the most recent pictures of the creeks. She claimed that the SARA photographs were taken in 2005 and downloaded from the Internet. Some of the photographs, she added came from the mining companies.

In my reaction, I mentioned that the photographs were taken not in 2005 but from 2006 to 2009. SARA did not download them from the Internet. Instead, SARA gave them to supporters who uploaded the same to the Internet. The pictures of SARA were shown to the DENR in 2006 to 2008 but no action was taken. They were shown to the Sangguniang Panlalawigan ng Albay in its session on October 20 and November 3, 2009 in the presence of Engr. Corpus and other mining officials but no action was taken. In 2009 we began to have difficulty going to the creeks because armed guards were stationed there.

SARA presented photographs of the creeks. In response, EMB V and mining companies allegedly went to the creeks to validate. This time, EMB V and the mining companies present photographs of the creeks. In the same token, SARA must be allowed to go back to the creeks to validate the “latest” photographs. I insisted that SARA be given free and surprise access to the creeks for the results to be credible. The response of Engr. Corpus was that the visits by SARA should be coordinated with them. I refused to accept such requisite because they could do prior sanitization and the results would not be a truthful record of the condition of the creeks.

The EMB suggested that SARA join the Multipartite Monitoring Team but I replied that SARA stands otherwise because of the team’s performance during the October 2005 toxic spills. SARA would rather be independent of the MMT.

We also debated on the severely diminished fish catch in Albay Gulf. Mrs. Pacis claimed that such is a worldwide phenomenon. I countered that when fishermen of Rapu-Rapu go to Samar and Pandan, Catanduanes they catch fish. Moreover, there is a fish sanctuary in Sitio Gaba in Batan Island but even that is not able to sustain the fish population in Albay Gulf. That indicates something wrong with the water itself.

I also mentioned that in July 2010 a 25-ton sperm whale died near Sitio Gogon of Poblacion but no investigation was conducted to determine the cause of death. BFAR V should have exerted all means to know the cause but nothing came from that office except the initial allegation that the whale died of old age which was later retracted. In the end, BFAR V claimed that the whale was too decomposed for any examination.

Prior to my communications to EMB V, I had been writing letters to Director Reynulfo Juan of MGB V about the same complaint of creek coloration. I began in October 2010. By January 3, 2011 nothing had been done by the MGB V so I formally wrote EMB V which by then had a new Director.

By February 2011, Director Juan took my letters more seriously and our exchanges went on until in his letter dated April 15, he claimed to have dispatched a team to the creeks. He claims that they “bathed” in the creeks, had a picnic there and took photographs. He further invited me to a technical conference on May 10, 2011. I prepared a reply regarding their alleged “bathing,” “picnic,” and picture-taking in the creeks but held it until after the second technical conference. (Read my separate article titled “The MGB V Photographs and Bathing in the Creeks of Rapu-Rapu.”)

The second technical conference was attended by Director Juan, Director Quililan, Engr. Corpus, Mrs. Pacis, Punong Barangay Reynold Asuncion of Malobago, the Punong Barangay of Pagcolbon, and personnel of MGB V and EMB V. Mrs. Pacis presented the same photographs. When Director Juan asked me to comment I said the presentation of Mrs. Pacis was not new and we already had a debate on collateral issues on April 26. I requested those present to just refer to the record of proceedings of our technical conference with EMB V. There was just one point I said that I wanted to focus on: SARA’s stand that the armed guards be pulled out from the creeks and we be allowed unhampered and surprise visits. Director Quililan expressed favor to our stand. He said the creeks are part of the “Philippine Islands” and any citizen has the right to go to any public place. Director Juan would rather make us join the MMT and leave the matter of surprise visits to the mining companies. Engr. Corpus just repeated what he stated before: they would consent only to visits coordinated with them. I said again that coordinated visits will not yield credible results and SARA cannot join the MMT owing to its performance during the October 2005 toxic spills. The two Punong Barangays said SARA should first do a courtesy call to them. I replied that such is alright provided that within minutes SARA would be allowed to proceed to the creeks and not be unduly delayed.

Director Juan said that they would wait for the mining companies to consent to surprise visits and promptly adjourned the conference.

In the afternoon of the same day, I was informed by personnel of the Social Action Center that they received a text message stating that a fishkill had occurred near Linao and Binsosawan. The following day, Fr. Pao Barandon, Station Manager of Radio Veritas, reported the same information from the island, specifying who sent it. Allegedly, the mining companies hired people to gather the dead fish and bury them even amidst the onslaught of Typhoon Bebeng. In an interview over the same radio station, I recounted what transpired during the technical conferences and advised people in Rapu-Rapu to take videos or photos of the reported fishkill. By my count, that would be the 6th since 2005. I hypothesize that the fish which died could be migratory from the Pacific Ocean. They could be going to Albay Gulf and upon reaching the vicinity of Linao and Binosawan, they died. However, we await the investigation of authorities. We hope that, this time, the results are credible.

Abangan ang susunod na kabanata!

May 11, 2011

Two Gains for Environmentalists in Albay

We are happy to report two major developments in the struggle for environmental protection in Albay, two good news, that is; and no bad news.

The first good news: The Center for Environmental Concerns Philippines (CEC-Phil) has been cleared of all libel charges filed by then Lafayette Philippines, Inc. (LPI), now renamed Korea Malaysia Philippines Resources, Inc. (KMPRI) by the Regional Trial Court 67 of Pasig City.

On March 14, 2011, the KMPRI had filed an affidavit of desistance, claiming that it is “no longer interested in the prosecution of this case…” The public prosecutor, unable to prove the case beyond reasonable doubt, with KMPRI’s desistance, thus moved for the dismissal of the case.

The case is a clear example of a strategic lawsuit against public participation (SLAPP), or a lawsuit that is intended to censor, intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition” (Wikipedia). Specifically named in the case is Ms. Frances Quimpo, CEC-Phil Executive Director.

In 2006, her group entered the stockholders’ meeting in Australia to directly present the Rapu-Rapu situation to Australian and other investors in the Rapu-Rapu mine. Her group exposed the severe environmental damage and economic plunder wrought on the island residents and distributed a primer elaborating this. Aside from Ms. Quimpo, KMP’s Mr. Danilo Ramos and some John Does were also charged.

Ms. Quimpo and her co-accused are thankful to Attorneys Victoria Avena, Howard Calleja, Emil Joven and Jobert Pahilga, and all who supported them in various ways during their ordeal.

The second good news: The Provincial Government of Albay, through Sangguniang Panlalawigan Resolution 2011-020 dated March 8, 2011 affirmed by Governor Joey Sarte Salceda on March 14, 2011, has declared the province off limits to future mining operations. This decision was reached after the SPA and the Governor noted that the benefits obtained from the current mining activities of the Rapu-Rapu Polymetallic Project are “graphically Lilliputian.” Mar S. Arguelles of the Philippine Daily Inquirer reported on March 28, 2011 (page A22):

Salceda’s signing of the antimining measure came on the heels of a report from the Mines and Geosciences Bureau (MGB) in Bicol trumpeting the achievement of the mining sector in the region, including the Rapu-Rapu Polymetallic Project (RRPP) operated in Rapu-Rapu town by a Korean-Malaysian-Filipino consortium.

The sector produced P11.4 billion worth of gold, silver, copper and cement last year and paid P782.6 million in taxes to the national government.

Salceda has lashed out at the gains that Bicol got from mining, saying the benefit was “a tiny gesture” compared to the billions of pesos worth of mineral resources extracted from the region.
He added that the gain from mining operations was artificial and merely bloated the region’s Gross Value Added (GVA).

GVA measures the contribution to the economy of each individual producer, industry or sector in the country. It is used to estimate Gross Domestic Product, a key indicator of the state of the economy.

He said only the mining giants benefited from the billions of pesos they earned because even with the almost P800 million in taxes they paid, the region was expected to get only P40 million, a measly 3 percent, in social fund from the national government.

“This report only makes me more angry, and more committed to oppose mining in Albay,” Salceda said.

He lamented that the billions in pesos that the mining firms earned from their operations were never remitted to the Philippines.

“They paid taxes of P782 million where we have little share and have not received our share at all. There is that social fund of P41.71 million or only 3 percent. So graphically Lilliputian to the P11.7 billion of Gulliver,” Salceda said.

If he had a say on the matter, he said he would stop mining operations to prevent disasters.
“As the leader of my province, I am so ashamed I could not stop this national imposition,” said Salceda, referring to mining laws that grant the Department of Environment and Natural Resources the sole authority to approve large-scale mining.

On the other hand, Director Reynulfo A. Juan of MGB V is reported to have said that “the MGB would welcome only new mining ventures that would operate responsibly.”

The Save Rapu-Rapu Alliance calls on the Provincial Government of Albay to take the step further: close the Rapu-Rapu mine. According to SARA:

Matagal na tayong nananawagan noon pa man na magpasa ng moratorium on mining ang Albay gaya sa ibang probinsya. Kahit sa mga pagharap natin sa SPA, mga rally at radio interview pinapanawagan natin ito.

Ang isang magandang pangyayari ngayon ay ang kategorikal na pagpatunay mismo ni Gov. Salceda na hindi nakakatulong ang kasalukuyang pagmimina, na talagang napakliit ng nakukuha ng Rapu-Rapu o ng buong Pilipinas mula sa mina.

Ang resolusyon ay isa nang partial na tagumpay na maituturing natin. Ito ay kalutasan sa mga darating pang problema na dulot ng pagmimina. Ang kailangan sa ngayon ay lutasin ang kasalukuyang problema sa Rapu-Rapu na patuloy na nagpapahirap sa mga taga-isla at mga mangingisda na umaasa sa Albay Gulf. Malaki na ang pinsala sa mga bundok, sapa, gubat at dagat. Paghihirap pa rin an nadarama ng mga taga-isla at bagsak na bagsak pa rin ang pangingisda sa Albay Gulf. Hindi rin tiyak kung ang expansion ng KMPRI ay sakop ng resolusyon.

Ang pagsasara sa minahan sa Rapu-Rapu ay siyang bubuo sa kalutasan ng problema.

SARA hopes that one day soon, the Rapu-Rapu mine will finally close.

April 4, 2011

AN APPEAL TO GINA LOPEZ RE LG INTERNATIONAL AND RAPU-RAPU MINING

Recently, Ms. Gina Lopez of ABS-CBN Foundation issued a call for support in the fight against mining in Palawan following the assassination of Dr. Gerry Ortega, a known anti-mining activist.


We support the call of Ms. Gina Lopez of ABS-CBN about Palawan. In turn, we call on her to support our call about Rapu-Rapu.

Every night my eyes get sore from watching TV Patrol not for anything but for the background where the logo LG is prominently shown. LG owns 42% of the Rapu-Rapu polymetallic mine. (28% is owned by Korea Resources Corporation; 30%, by Malaysia Smelting Corporation)

The mine used to be owned by Lafayette Philippines, Inc. When the Australians left, they sold the mine to the three corporations. In place of LPI, a company called Korea Malaysia Philippines Resources, Inc. was put up by LG, Kores and MSC. To put a Filipino face to their operations, the Koreans and Malaysians sustained the existence of Rapu-Rapu Minerals, Inc. and Rapu-Rapu Processing, Inc. The first does the blasting and quarrying of ores; the second, the processing of metals. The ownership structure is a bit complicated but that's their intention - to complicate the whole thing for publicity and tax avoidance purposes.

The effect of Rapu-Rapu mining is two-fold: (1) environmental damage as seen in the creeks which are colored red, yellow, orange, brown; (2) economic injustice as seen in the abject poverty of island residents and 95% fish catch decline in Albay Gulf since 2005 when the mine went full blast in its operations.

In spite of these, the MGB V says the level of contamination in one creek (Hollowstone) is within "tolerable limits" while no mention is made of the other creeks. DENR V has been silent since 2007. BFAR never investigated the cause of the death of a 15-meter sperm whale in July 2010. The Provincial Government of Albay says "No to Mining" but it has done nothing to stop the operation of the Rapu-Rapu mine.

The people of Rapu-Rapu and the 14,000 fishermen dependent on Albay Gulf are slowly starving. And every night we would watch ABS-CBN displaying on tv screens the hated logo of LG. I wrote to Julius Babao to send his XXX team here but he never responded.

Here comes Ms. Gina Lopez expressing opposition to mining in Palawan. Yes, we rally to her cause. Three people have died because of their anti-mining work in Rapu-Rapu: Rei Mon Guran, Atty. Gil Gujol and Jessie Ecleo.


There are parallels between Palawan and Rapu-Rapu:


1. Palawan: On January 24 a very dear friend and colleague Gerry Ortega was shot in the head dead. I was just with him that weekend - and a few minutes before he died what we were discussing over the phone was an anti-mining campaign in Palawan - given that on December two huge mining applications were railroaded - and they were to be near protected sites.

Rapu-Rapu: On July 31, 2006, Rei Mon Guran, a very young student of Aquinas University of Legazpi was shot dead on the bus he took on his way to school. The day before, he celebrated his birthday; less than two weeks earlier, we had rally against Rapu-Rapu mining in Legazpi City.

Atty. Gil Gujol was among the lawyers who filed a case against Lafayette Philippines, Inc. He was also gunned down in Sorsogon.

Jessie Ecleo was a resident of Rapu-Rapu, Albay. His corpse was found on November 16, 2008 in Sitio Mirikpitik, Barangay Pagcolbon, Rapu-Rapu. His murderer, Danilo Sumbilon Bungca, a CAFGU whose unit is based in the Lafayette mining area, confessed to the crime. Bongca was jailed for a while but today, without any trial conducted, he is at large.


2. Palawan: Gerry is dead but we will not let go of his dreams - and mine - and probably yours too.

Rapu-Rapu: Rei Mon, Atty. Gujol, and Jessie are dead but we continue to work for the closure of the mine.


3. Palawan: has 17 key bio diversity sites - which means it is part of the 70% bio diversity sites which are essential for sustaining life in the planet. It has 2 world heritage sites, 8 protected sites.

Rapu-Rapu: classified as among the areas with an extremely high priority for marine conservation. (DENR and Manila Observatory’s Integrated Marine and Terrestrial Priorities Map cited in Mining in the Philippines: Concerns and Conflicts. Report of a fact-finding mission to the Philippines, July-August 2006)


4. Palawan: Yet if you see Palawan on the map you will note that it is a very thin island - which is 82% mountain. It means that if the forest gets denuded and the minerals excavated - the tailings seep directly into the sea affecting the coral reefs. The top soil is thin - and the island eco system is fragile.

Rapu-Rapu: If you see Rapu-Rapu, it has steep slopes and any tailings will flow speedily to the sea affecting the coral reefs. The top soil is also thin and and the island eco-system is fragile, as attested to by the DENR and Manila Observatory.


5. Palawan: Mining is not the way to go for Palawan. I have five eco tourism sites wherein the communities involved can now send their children to school, can dream bigger dreams. Mayor hagedorn in Puerto Princesa has banned mining and logging - and focused on tourism and agriculture. From 2 flights a week, Puerto Princesa now boasts 10 flights a day. His revenues have gone up from several million to several billion.

Rapu-Rapu: Mining is not the sustainable means of development. We have cited: genuine land distribution, farm subsidies, potable water system, decent housing, fastcraft transportation, environment firnedly roads, power generation, and eco-tourism with preservation of the island's eco-system.


6. Palawan: Mining as an economic path in a magnificent "Last Frontier" is based on a paradigm of economic growth that is myopic and archaic . In this age of climate change and global warming any economic development that does not recognize and revere the web of life should be thrown in the dustbin.

Rapu-Rapu: In a statement released by Aquinas University of Legazpi and the Catholic Educational Association of Legazpi, Rapu-Rapu is cited as Albay's "Last Frontier." The economic paradigm being used came from PGMA, myopic and archaic. In my Powerpoint Presentation, I refer to the Rapu-Rapu mine as "An Open Pit Mine in an Era of Climate Change."


7. Palawan: Please please support the ten million signature campaign to Stop Mining in Palawan. The richness of Palawan is the wealth and pride of the country, it is the wealth of the world.

Rapu-Rapu: Please also support our campaign to close the mine. The wealth of Rapu-Rapu is being plundered by foreigners and local junior partners while the people are slowly dying from poverty.


8. Palawan: Log in to no2mininginpalawan.com. Register your vote and please please send it to thousands others. You can also include your household by downloading the form printing it -and faxing it to 4152227 or you can scan it and send it to signatures@no2mininginpalawan.com. Questions can be sent to signatures@no2mininginpalawan.com.

Rapu-Rapu: Log on to http://saverapurapu.blogspot.com. We are not gathering votes. We are calling for BOYCOTT OF LG PRODUCTS. DO NOT WATCH TV PATROL FOR AS LONG AS IT DISPLAYS THE LG LOGO.