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