Marinduque Supreme Court Reverse Decision On The Unconstitutionality Of The Mining Act
Published by MAC on 2005-00-26Marinduque Supreme Court reverse decision on the unconstitutionality of the Mining Act
The Marinduque Council for Environmental Concerns (MACEC) announces the adoption of a Resolution Declaring a 50-Year Mining Moratorium in the Province of Marinduque. The historic Resolution was adopted at 1:30 P.M. October 28, 2005 by the 10th Sangguniang Panlalawigan of Marinduque.
The Resolution also condemns the Supreme Court’s reversal of its previous decision on the unconstitutionality of some provisions of the Mining Act of 1995.
The Sangguniang Panlalawigan also includes in the Resolution the proposal of MACEC "that in order to strengthen such legislation, it is also resolved that certain portions of the Central Marinduque Area be declared as provincial special agricultural zone, special biodiversity protected area, special eco-tourism zone and other special areas as may be determined in an appropriate provincial land use policy”, subject to subsequent legislation.”
It also culled MACEC’s proposal "that in order to successfully implement the spirit and intent of a 50-year mining-free policy, it is also resolved that the abandoned mining area be declared as a provincial special economic zone where medium-scale environment-friendly enterprises may be established to spur the economic and industrial activities in the province," subject to subsequent legislations.
MACEC Executive Secretary Myke R. Magalang addressed the august Body where he articulated the Resolution of the organization calling for a mining moratorium. He formally submits the 15,500 signatures of Marinduqueño opposing the resumption of mining operation in the Province. His 15-minute speech before the Body was made a reference during the nominal voting of the eight (8) Board Members who attended the 54th Regular Session.
MACEC also submitted to the Sangguniang Panlalwigan a Pastoral Letter of Bishop Reynaldo G. Evangelista, D.D. and Resolutions from the Sangguniang Bayans of Boac, Mogpog, Gasan, Buenavista, and Torrijos, which vehemently oppose the re-entry of mining companies in the province.
Msgr. Senen Malapad, Executive Chairman of MACEC, hails the decision of the Provincial Board, saying that “this is a partial victory of the Marinduqueños and all those organizations who have consistently supported our cause. But this is only a partial victory because the national policy on the revitalization of mining industry of the Arroyo Administration still exists. This decision of the Sangguniang Panlalwigan gives impetus to all Marinduqueños to strengthen our struggle in defending our patrimony .”
Reference:
Myke R. Magalang
Executive Secretary
Marinduque Council for Environmental Concerns
EXCERPT FROM THE MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES AND PROVINCIAL EXECUTIVE COMMITTEE HELD ON OCTOBER 26, 2005, 10:30 A.M. AT THE SACRED HEART DIOCESAN PASTORAL CENTER, BOAC, MARINDUQUE
PRESENT:
Msgr. Senen Malapad Provincial Executive Chairman
Engr. Roberto M. Madla Provincial Executive Vice-Chairman
Mr. Rolando Larracas Treasurer
Mr. Edmundo Ola Trustee & Chairperson, Committee on Education
Mr. Celso Quinto Trustee & Chairperson, Committee on Mobilization
Rev. Fr. Allan Malapad Trustee & Chairperson, Committee on Para-legal
Mr. Arturo Leynes Trustee & Chairperson, MACEC – Mogpog Chapter
Rev. Fr. Eulogio Mangui Trustee & Chairperson, MACEC – Sta. Cruz Chapter
Mr. Eduardo H. Menorca Trustee & Chairperson, MACEC – Boac Chapter
Mr. Miguel R. Magalang Executive Secretary
ABSENT:
Mr. Sonny L. Paglinawan Trustee & Chairperson, Committee on Finance
Mr. Rafael Zoleta Trustee & Chairperson, Committee on Membership
Mr. Glenn del Mundo Trustee & Chairperson, MACEC – Torrijos Chapter
Mr. Ramon Mansalapus Trustee & Chairperson, MACEC – Gasan Chapter
RESOLUTION NO. 2005-09
RESOLUTION STRONGLY REITERATING THE EARNEST REQUEST OF THE MARINDUQUE COUNCIL FOR ENVIRONMENTAL CONCERNS FOR THE SANGGUNIANG PANLALAWIGAN OF MARINDUQUE TO DECLARE A 25-YEAR MINING MORATORIUM IN THE ENTIRE PROVINCE AND FOR OTHER RELATED PURPOSES
WHEREAS, the Marinduque Council for Environmental Concerns (MACEC) has consistently argued that shortsightedness in policy directions and merely thinking of profits in promoting large-scale mining will not gain something for the province especially when an irreparable damage to the environment will cost human lives, health, and livelihood capacity of women, farmers and fisherfolks and further endangering the food security of Marinduqueños;
WHEREAS, the Marinduque Council for Environmental Concerns (MACEC) recognizes the massive destruction of the province’s once pristine biodiversity and ecosystems, river systems, seas, forests and agricultural fields, aside from immense impacts to the health livelihood and economy of marginalized Marinduqueños wrought by the almost 30 years of mining operation in the province and the ironic stagnation of the entire province’s economic status which places it as one of the poorest provinces in the country (4th Class Province);
WHEREAS, these empirical realities were affirmed by the Provincial Govern-ment as narrated in clear details in the class suit filed against Placer Dome, Inc. docketed as Case No. A511078 in the District Court Clark County, Nevada, U.S.A. However, the present maneuvering of the mining corporation to forcibly make a re-entry in the province by taking advantage of the policy of the present national administration for the revival of the mining industry is totally irreconcilable to the integrity of what remains of Marinduque’s environment and genuine welfare and interest of the people;
WHEREAS, the Church and Local Legislators Roundtable Discussion on Mining initiated by MACEC on March 15, 2005 consolidated the stance of various entities opposing the reopening of mining operation in the province, viz, Resolution No. 2004-09 dated August 23, 2004 of the Sangguniang Bayan of Boac; Resolution No. 39-2005 dated March 21, 2005 of the Sangguniang Bayan of Buenavista; Resolution No. 15-2005 dated January 28, 2005 of the Sangguniang Bayan of Mogpog; Resolution No. 2005-07 dated January 17, 2005 of the Sangguniang Bayan of Gasan; Minutes of the 37th Regular Session of the Sangguniang Bayan of Torrijos dated March 21, 2005; Resolution No. 03-05 of the Board of the Councilors’ League of the Philippines – Marinduque Chapter led by Hon. Nancy Iturralde; and a Pastoral Letter of the Most Rev. Reynaldo G. Evangelista, D.D., Third Bishop of Boac;
WHEREAS, during the launching of the “Face-up, Clean-up and Pay-up” campaign organized by Oxfam Australia and Marinduque Council on Environmental Concerns on April 16, 2005, Congressman Edmundo O. Reyes, Jr., in response to the invitation, issued an open letter announcing his position against the reopening of the mines in Marinduque;
WHEREAS, MACEC emphasizes that during the roundtable meeting between its Officers, Atty. Walter Scott, Jr., and Board Members Leticia Monte and Eleuterio Raza, Jr. on October 14, 2005 on the class suit filed by the Provincial Government, the said Board Members vowed to support MACEC’s call for a 25-year mining moratorium, which has long been initiated by former Board Member Adeline Angeles and consistently been supported by Board Member Allan Nepo-muceno and others;
WHEREAS, Marinduque Council for Environmental Concerns spearheaded a people’s signature campaign expressing opposition to any possible resumption of mining operation in any part of the island-province, an initiative which was supported by various sectors of society in the province: 1,980 signatures from the town of Sta. Cruz; 5,523 from the municipality of Boac; 3,708 from the municipality of Torrijos; 1,807 from the town of Gasan; and 2,173 signatures from the municipality of Mogpog;
WHEREAS, the present circumstances after the filing of the class suit by the Provincial Government on behalf of all Marinduqueños provide golden opportu-nities for every Marinduqueño to consolidate and unite in protecting what is left of the province’s ecosystems for the benefit of the future generation by unanimously opposing the reopening of any large-scale mining operation in the province and for the Sangguniang Panlalawigan to enact appropriate legislation thereof;
NOW, THEREFORE,
on a motion unanimously seconded and approved,
it was,
RESOLVED as it is hereby resolved to reiterate the earnest request of the Marinduque Council for Environmental Concerns for the Sangguniang Panlalawigan of Marinduque to enact an appropriate legislation declaring a 25-year mining moratorium in the entire Province of Marinduque;
RESOLVED FURTHER, that in order to strengthen such legislation, it is also proposed and suggested that certain portions of the Central Marinduque Area be declared as provincial special agricultural zone, special biodiversity protected area, special eco-tourism zone and other special areas as may be determined in an appropriate provincial land use policy;
RESOLVED FURTHERMORE, that in order to successfully implement the spirit and intent of a 25-year mining-free policy, it is also recommended that the abandoned mining area be declared as a provincial special economic zone where medium-scale environment-friendly enterprises may be established to spur the economic and industrial activities in the province;
RESOLVED STILL FURTHERMORE, that in order for “Marinduque’s mining experience” to be fully documented and studied, it is recommended for the consideration of the august Body that the former mine site infrastructure be transformed into an academic center to house experts from universities and governments in Asia (Asia-Pacific) who would come to Marinduque for hands on and theoretical training on tropical mine rehabilitation in complex tropical ecosystems (rivers, marine, etc.) as this would generate funds while at the same time assuring expertise to carry out the work, in accordance with the recommendations of the United Nations Mission Report;
RESOLVED FINALLY, that duly approved copy of this Resolution be furnished the august Body and corresponding copies of the following documents be submitted, as they are hereby respectfully submitted: signature sheets containing 15,191 signatures opposing the reopening of mines in Marinduque; Resolution No. 2004-09 dated August 23, 2004 of the Sangguniang Bayan of Boac; Resolution No. 39-2005 dated March 21, 2005 of the Sangguniang Bayan of Buenavista; Resolution No. 15-2005 dated January 28, 2005 of the Sangguniang Bayan of Mogpog; Resolution No. 2005-07 dated January 17, 2005 of the Sangguniang Bayan of Gasan; Minutes of the 37th Regular Session of the Sangguniang Bayan of Torrijos dated March 21, 2005; Resolution No. 03-05 of the Board of the Councilors’ League of the Philippines – Marinduque Chapter; and a Pastoral Letter of the Most Rev. Reynaldo G. Evangelista, D.D., Third Bishop of Boac, for the information, reference and most valuable consideration hereof.
APPROVED, October 26, 2005.
CERTIFIED AS TO CORRECTNESS:
MIGUEL R. MAGALANG Executive Secretary
ATTESTED AND CERTIFIED TO BE TRULY ADOPTED:
MSGR. SENEN M. MALAPAD Provincial Executive Chairman