Mines and Geo-Sciences Bureau Consent

DENR CANNOT UNILATERALLY GIVE APPROVAL. The Department of Environment and Natural Resources (DENR), cannot unilaterally give any approval for mining firms to operate in the country without the go-signal and consent of the Mines and Geosciences Bureau (MGB).

This is the clear indication of the Department of Justice when the MGB sought its opinion on the matter. It was Secretary Leila de Lima who gave the DOJ ruling on the matter, especially the special permit in Bayog Town, Zamboanga del Norte which was elicited by the MGB. The special permit was granted by then DENR Secretary Lito Atienza. It was during the period the administration of the graft-ridden Macapagal-Arroyo administration held sway.

De Lima’s decision was anchored on R.A. 7942 or the Philippine Mining Act of 1995 or RA 7942 which provides that only the MGB head or MGB director is authorized to grant the Special Ore Extraction Permit to mining companies and not the DENR secretary. This would be the case in the province where there are so many applicants to operate mines. Almost half the island’s total area where there are minerals such as manganese, gold, silver, copper and others are found.

In fact, the province or Negros Island which includes Negros Oriental, is mineral-rich.

In her five-page decision, De Lima said that in statutory interpretation when the words and phrases of the statute are clear and unequivocal, their meaning must be determined from the language employed and the statute must be taken exactly what it says, said De Lima.

The meaning of the law is clear, said De Lima in her decision on the matter.

The controversy arose when Lupa Pigogotawan was given a special permit only signed by then DENR Secretary Lito Atienza. The special permit was not approved by the MGB Director and De Lima deemed it as null and void. The decision is very important in that there are now scores of mining applications in the country, with many hoping to cash in on mining to make money.

The issue became more controversial when present DENR Sec. Rama Paje upheld Atienza’s approval of the mining permit. Paje also failed to consider the opposition of Zamboanga del Norte’s officials. He violated certain provisions of the mining act when he failed to consider the concerns of local government officials on the matter of their opposition to mining operations.

The matter of the approval by the MGB, if only the DENR made the decision to approve it becomes very important in the case of Binalbagan town in Southern Negros because Mayor Alejandro Mirasol disapproved the mining permits for the operation of several mines in the hinterlands of the town. This was because the mines, he said, would be destructive and was opposed by villagefolks in the area. Both Zamboanga del Sur and Zamboanga del Norte governors opposed Paje’s confirmation from the Commission on Appointments because of this issue.

Worse, the mining company, Lupa Pigegetawan has been employing abusive security guards during its mining exploration.

Tell you me. There are abusive mining firms and suggestion that employing their own guards would only worsen the problem. But, indeed!*