By Cheryl A. Galili
MINING COMPANIES, large or small, should brace themselves because the 25 years mining moratorium proposed by several board members on all forms of mining at the Sangguniang Panlalawigan may likely get a unanimous approval.
Board member Vicky de Guzman, one of the staunch proponents of the mining moratorium, said that base on the merits of the ordinance, there is “a big probability” that the rest of the members of the Provincial Board (PB) will approve it for implementation.
De Guzman said what the ordinance needs are additional legal basis to strengthen it. “As far as the faith of the ordinance or resolution is concerned, I think it will be passed. It’s just a matter of including more legal basis so our intention for the environment is clear,” she said.
In a committee hearing that was conducted by the Encironmental and Natural Resources Protection (ENRP) that is headed by Board member Gil P. Acosta, the Palawan Council for Sustainable Development (PCSD), Palawan NGO Network, Incorporated (PNNI) and the Environmental Legal Assistance Center (ELAC) expressed support for the passing of the 25 years moratorium in the province to rest its environment.
De Guzman added that as co-author of the ordinance, she is happy that it is gaining more support from different sectors, including the non-government organizations (NGOs).
“The responses we’re getting is very encouraging. As a matter of fact, Board member (Alice) Fabellon told me why not make it 50 years. All of us authors are already considering making her as another author,” De Guzman said.
On the the Department of Justice (DOJ) opinion cited by Provincial Legal Officer Atty. Elena Rodriguez, De Guzman clarified that it only covers the small scale mining and not large scale mining.
“Regarding the power of the local government unit to enact ordinances pertaining to large scale mining, the DOJ has that only the small scale mining are within the power of the LGU so that excludes large scale mining operations,” she stated.
The PCSD’ reaction on this is that what was cited was just an opinion by the DOJ and the Department of Interior and Local Government (DILG). It said there are other laws in the province that can also support the move of De Guzman’s group to push for cessation of all mining activities.
Cleofe Bernardino, executive director of PNNI, said that they are prepared to support the ordinance and collect the legal basis that it needs to strengthen its stand for approval by the rest of the PB.
Bernardino said there are already other provinces in the country that are also pushing for the same moratorium in their areas to maintain the health of their environment from mining and they were not questioned by the DOJ.
Atty. Grizelda Mayo-Anda of ELAC supported this and said the province of Capiz has done the same as Palawan and she was the one who helped in drafting the ordinance. Aside from Capiz, Marinduque and Eastern Samar also have moratoriums.
Anda said the ordinance’ authors’ biggest basis is the Strategic Environmental Plan for Palawan law and the executive order that was issued by President Arroyo that declares the province as a “key biodiversity” area.
De Guzman said the Provincial Board is readying to conduct public consultations regarding the ordinance in the municipalities of Narra, Quezon and Roxas – three municipalities where small and large scale mining operations are ongoing.
At present, there are 22 applications for endorsement in the PB; 16 are now in the Committee on Environment and four in the special committee that includes marine exploration. The ordinance is authored by board members Vicky de Guzman, Modesto Rodriguez II and Joselito Cadlaon. Fabellon will also be taken in as co-author.
