Professional Documents
Culture Documents
and the
Possible Mining
Destruction in Batangas:
A Contemporary Legal Issue
Ezekiel T. Mostiero
The Worlds Center of the Center of Marine Biodiversity would dig its name out in account
had mining continued to plunder Lobo, Batangas resources in exchange of reserves.
This was the common view that sailed thousands of Batangueos, environmentalists, and
religious leaders to oppose planned mining activities fearing that it will endanger the nearby
Verde Island Passage (VIP) situated between the province of Batangas and the island of Mindoro.
I. HISTORICAL BACKGROUND
The Serene Diversity
Lobo, a fourth class coastal municipality near the southern tip of Batangas, houses a large
number of species that records the highest concentration of marine life in the world accounting
to 1,736 species, filled with forests, walled by mountains and surrounded by rich waters of the
Verde Island passages, which was named as the Worlds Center of the Center of Marine
Biodiversity in 2005 by the International Union for Conservation of Nature.
More than half the Philippines documented fish species as well as many globally threatened
species can be found in the said area. Numerous studies in the Verde Passage continue to yield
discoveries of species that are new to science, further underscoring the global biological
significance of this area.
The central part of the nation is the center
of the center for world marine shore fish
biodiversity, and the peak in this marine
biodiversity is found in the Verde Island
Passage. About two-thirds of the known
marine species of the Pacific can be found in
these coastal waters of the Philippines,
according to a scientific research of Old
Dominion University marine biologist Kent
Carpenter and Victor Springer of the
Smithsonian Institute.
Figure 1. (Photo Source: www.kalikasan.net)
Of the seven pit minings that will be established, one is only 600 meters away from the shoreline
of the protected passage added Dr. Jasareno.
Egerton Gold Inc. has also secured a water permit application in Lobo Water District accumulating
to 865, 728 drums per day.
Definitely, there will be scarcity of water, that will not be beneficial to the citizens of Lobo said
Danilo Perz the General Manager of Lobo Water District.
Nevertheless, last April 20, the Municipal Council of Lobo passed a Resolution endorsing the
application for open pit gold mining in Lobo to the DENR after barangay captains gave their
assent that is said to be an allegation.
According to Renato Perez, the Vice Mayor of Lobo, Batangas, they approved the resolution
because it is economically viable. In the said interview, 150 workers will be employed. 120 million
pesos will go to Lobo, Batangas, 92 million pesos to the affected barangays, and 42 million to the
provincial government.
When asked about the dangers that it might brought to the Verde Island Passage, he said that he
will take responsibility of such.
It then appears that 98 percent of the total income will go to the corporation leaving 2 percent
to the government.
The above figure shows a vibrant view of the bountiful marine ecology in the Verde Island Passage. Photo Courtesy:
California Academy of Sciences (www. Calacademy.org)
Last June 9, the Environmental Management Bureau (EMB), groups led by the Kalikasan Peoples
Network for the Environment (Kalikasan PNE) and BUKAL-Batangas urged the local government to
follow its own laws and protect Lobos conservation area and sanctuaries from the AustralianCanadian mining firm.
Our mine will be run to highest international standards and rehabilitated on closure to provide
excellent amenities and landforms in consultation with local wishes. In Lobo, this will include ecotourism facilities established during the life of the mine that will continue to enhance the tourism
potential of the region both during and after the mine has operated, said President of Egerton
Gold Philippines, Edsel Abrasaldo, in an interview with Manila Standard Today.
Many members of the community chimed in to express their support for the project. The
company helps the local community by providing jobs during the exploration period on a weekly
rotation basis in order that more jobless residents can benefit, remarked Roger Lontoc, Barangay
Secretary of Mabilog na Bundok, one of the ten barangays affected by the project.
They improved our barangay hall and day care center for pre-school children, gave a hundred
of cement bags every year for the construction of feeder roads and three basketball courts. [They
also] implemented tree planting near river banks and gave forest and fruit tree seedlings to the
Yes, Our mine will be run to highest international standards and rehabilitated
on closure to provide excellent amenities and landforms in consultation with
local wishes. In Lobo, this will include eco-tourism facilities established during
the life of the mine that will continue to enhance the tourism potential of the
region both during and after the mine has operated,
-
community, Vilma Atienza, one of the residents of Barangay Calumpit sitio Itaas Silyaran said I
am enjoying the water coming to our house and lot from the well that Egerton drilled on our land
8 years ago.
All ten affected barangay councils in Lobo had unanimously granted their consent for the project
by January 23, with the municipality council following suit on April 20, reflecting the social and
economic interests of their constituencies. This followed a tour of an operating mine run by
Oceana Gold in Nueva Viscaya last January 3-5, 2015 where LGU officials witnessed the mining
operation and its resultant socioeconomic benefits to surrounding communities.
However, the approval of the municipal government gathered thousands of citizens, government
officials, environmentalists and religious leaders to stop the proposed mining and urge the
municipal government to withdraw its endorsement to the DENR.
The Egerton gold project will be utilizing open-pit mining technology, which will result in the
production and dumping of millions of metric tons of mine wastes into the Lobo River, down to the
waters of the Verde Island Passage. This impending mine pollution will surely spell death to current
marine conservation areas in Lobo municipality alone, said Clemente Bautista, Kalikasan PNE
national coordinator. (Bulatlat.com)
BUKAL and Bishop Ramon Arguelles of the Archdiocese of Lipa in collaboration with the Center
for Environmental Concern-Philippines and other groups, held an environmental investigative
mission (EIM) in Lobo that gather facts and data on the extent and possible impacts of mining in
the exploration-affected barangays.
They concluded that once actual mining operations start, there is a possibility of contamination
of the bodies of water when Pryite, an iron ore when reacted with oxygen and water to form
sulfuric acid which leaches back into the ground and the water table, contaminating sources of
groundwater in the vicinity. This outflow of acidic water, or acid mine drainage (AMD), can cause
heavy damages on the people's health and livelihoods.
The adverse effects of large scale mining even at its exploration stage of drilling can immediately
be felt by the host communities through destroyed vegetation and altered landscape thereby
disturbing thriving ecosystems in the area. Once the operation reaches large extraction and
production stages, it will surely be a blow to the rich biodiversity of forest and marine ecosystems
in Batangas, said Fr. Oliver Castor, spokesperson of BUKAL.
Environmentalists said that wastes generated by the mining will find its way to Lobo rivers which
will drain directly into the Verde Island Passage that would cause the destruction of the same
especially as the Egertons project area is situated in a steep, mountainous areas just one or two
kilometers away from the coastline. The passage, as a top-fifth of the 18 biodiversity centers in the
country which houses a large number of terrestrial flora and fauna and a diverse range of habitats
is subject to be endangered.
Vice Governor Mark Leviste said in a press conference that though Batangas wants to protect
interests of investors, he said that the provincial government wont allow activities that will
compromise the passage and that they will block any moves to approve the gold mine project
near the 'center of the center of marine biodiversity.
Yes, we envision Batangas to be a haven for investors and industries. But we will never allow our
environment to be compromised by any development, by any businesses. You can rest assured
that we will maintain the beauty of Verde Island Passage, he added.
He claimed that Batangas Governor Vilma Santos-Recto has instructed the provinces
environment and natural resources office that no mining will happen under her administration.
(Rappler.com)
However, the provincial council has yet to issue a resolution against the gold mine while last July
20, the municipal council of Lobo had formally withdrew its endorsement for the proposed mining.
In order to strengthen its protection, Senate Bill No. 1898 or the Verde Island Passage Act was filed
by Senator Loren Legarda in the 16th Congress, that seeks to declare Verde Island Passage Marine
Corridor as a Marine Protected Area and Ecological Tourism Zone.
The priest said that Mount Lobo and Mount Banoi encompassing the town of Lobo,
Batangas City and other adjacent municipalities where current explorations of MRL are
being undertaken are watershed areas. Large-scale mining in the area will endanger the
health of Batangueos as mine tailings and other toxic substances will pollute the water
systems of Mt. Banoi and Mt. Lobo, which have been a vital source of water supply in the
province, Castor said.
c. Reduced slope stability or higher risk of landslides;
For most mining projects, the potential of soil and sediment eroding into and degrading
surface water quality is a serious problem, as supported by the Environmental Law Alliance
Worldwide (ELAW).
According to a study commissioned by the European Union: Because of the large area
of land disturbed by mining operations and the large quantities of earthen materials
exposed at sites, erosion can be a major concern at hardrock mining sites.
With the drilled holes done by the MRL, there is already a reduced slope stability and higher
risk of landslides in Lobo, Batangas that could affect the destruction of natural habitats
and further loss of biodiversity.
Possible Environmental Impacts
For the possible production and establishment of the mining industry of Egerton Philippines,
the following are the possible impacts on the environment according to Natural resource
economist Germelino Bautista has identified potential resource and environmental
damage that can result from each stage of mining operations and researches done by
Environmental Law Alliance Worldwide:
Mining exploration, operation, & ore extraction
a. Disruption, if not loss of, natural habitats
b. Forest land conversion/loss
c. Decline in carbon sequestration capacity
d. Erosion, sedimentation
e. Reduced slope stability or higher risk of landslides
f. Diversion of surface or groundwater
g. Reduced or erratic stream flows
h. Clogged stream channels
i. Potential acid rock generation
j. Contamination of surface waterways
k. Mineral production
l. Threat to particular species or biodiversity loss
m. Diversion of surface or groundwater
n. Reduced stream flow or groundwater depletion
o. Acid rock drainage and contamination of soil and water
p. Surface, groundwater pollution
q. Reduced fish spawning area
Possible Mining
Destruction in Batangas:
LEGAL ANALYSIS
The Convention on Biological Diversity (CBD) aims at the conservation and sustainable use
of biological diversity, the fair and equitable sharing of benefits from its use, and the regulation of
biotechnology. A significant provision of the CBD which relates to the mining industry is found in
Article 3 on Principle, which calls on member States, such as the Philippines, to ensure that use
and exploitation of natural resources carries with it a responsibility to ensure the protection of the
environment and the preservation of biological diversity.
B. R.A. No. 9147, Wildlife Conservation and Protection Act;
According to KALIKASAN Peoples Network for
Environment, position paper to the DENR, Mt. Lobo is the
habitat of several endangered terrestrial species, among
them are endemic trees like Philippine Teak, Dungon and
Molave and threatened wildlife species like the giant fruit
bat and flying foxes, whose numbers are presently only
hundreds as compared from at least 10,000 50 years ago.
As of 2004, the taxonomic diversity of plants accounted
for in Mt. Lobo amounts to 181 species. There are also a
total of 96 avifaunal species, of which 31% are endemic
to the Philippines.
C. Republic Act No. 6969, Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990
The law was passed in 1990, with the ultimate goal of ensuring full protection of the
peoples health and the environment from unreasonable risks posed by industrial chemicals and
chemical substances. It provides the legal framework for the countrys program to control and
manage the importation, manufacture, processing, distribution, use, transport, treatment, and
disposal of toxic substances and hazardous and nuclear wastes.
The result of the findings done by the Center for Environmental Concern- Philippines and
the fact-finding team noted the presence of pyrite from rock samples within the drill holes. Pyrite
is an iron ore found in sedimentary, metamorphic and igneous rock areas and is popularly known
as Fool's Gold because of its resemblance to the latter. It is used for car batteries, appliances,
food cans, paper, tools, some jewelry, and machinery.
Accordingly, Pyrite is exposed to the elements during mining, reacting with oxygen and
water to form sulfuric acid which leaches back into the ground and
the water table, contaminating sources of groundwater in the
vicinity. This outflow of acidic water, or acid mine drainage (AMD),
can cause heavy damages on the people's health and livelihoods.
The AMD can potentially leach out into the rivers of the Mt.
Banoi watershed which are the source of potable water for Lobo
residents and farm animals as well as irrigation. Lobo's climate,
where the rainy season lasts from June to October, is also
conducive to the formation of AMD if large-scale mining
commences.
D. Violation of Chapter XI of the Mining Act Safety and
Environmental Protection.
In assumption that mining in Lobo, Batangas had started to commence in the area, and
thereby produce and dump millions of metric tons of mine wastes into the Lobo River, down to
the waters of the Verde Island Passage, the following laws, regulations or ordinances were to be
violated:
b. Republic Act No. 9147 Conservation and Protection of Wildlife Marine Resources and
their Habitats
The provisions of this Act is enforceable for all wildlife species found in all areas of the
country. It shall be the policy of the State to:
(a) to conserve and protect wildlife species and their habitats to promote ecological balance
and enhance biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine commitment to international
conventions, protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the conservation of biological diversity.
Thus, with the possible water pollution that is caused by the leakage of the dumped mines
in the tailings pond according to the companys proposal, and supported by the DENR, could
poison the wildlife marine resources and their habitats which is violative of the act.
III. CONCLUSIONS
It is an established fact that mining carries with it negative environmental impacts. Mineral
exploration, extraction, and production are by nature disruptive and destructive activities, such
1. To declare the Verde Island Passage as a Marine Protected Area under the National
Integrated Protected Areas System (NIPAS) Act of 1992 and Ecological Tourism Zone.
The declaration of such, will totally strengthen the legal framework protecting the
Verde Island Passage from any attempt of destruction especially of the mining industries.
In 2013 Sen. Loren Legarda, Chairman of the Senate Committee on Environment and
Natural Resources, filed a measure seeking to declare the entire region as a marineprotected area and ecological tourism zone. Senate Bill 1898, however, remains at the
committee level.
According to the NIPAS Act, when a certain environmental area is classified either
as a strict nature reserve, natural park, natural monument, wildlife sanctuary, protected
landscape and seascape, resource reserve, natural biotic area, or other category
established by law, convention, or international agreement, it is managed with the goal
of enhancing biodiversity and protecting it from destructive human behavior. Buffer
zones are also identified around the protected area, and these shall be subject to special
development control to minimize harm to the protected area.
2. To declare the forests in Lobo as a forest reserve under the NIPAS Act in order to protect
its wildlife resources and natural landscape from possible mining and eventually,
protecting the Verde Island Passage from possible environmental damage that can
caused by mining in the said forests.
The forests in Lobo be declared either as an old growth or virgin forests, proclaimed
watershed forest reserves, wilderness areas, mangrove forests, mossy forests, national
parks provincial/municipal forests, parks, greenbelts, game refuge and bird sanctuaries
as defined by law, to be expressly prohibited under the National Integrated Protected
Areas System (NIPAS) under Republic Act No. 7586, or any administrative proclamation
in order not to be a center of mining industry in order to totally prohibit the possible
establishment of mining industry.
3. The Municipal Council of Lobo could pass an ordinance delineating the area to be
conserved and protected in order for mining applications be excluded by the Secretary
of DENR in cases of mining applications.
CONSTITUTIONALITY
The researcher thinks that the legal recommendations set is constitutional. The 1987
Constitution itself recognizes the right of the people to a balanced and healthful ecology.
Right to a Balanced and Healthful Ecology
The 1987 Philippine Constitution enshrined the oft-cited state policy on the right of the
people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature.[13] The Supreme Court has declared this provision self-executory, that is, capable of
being enforced independent of any enabling statute. 4 Article XII, Section 3 of the 1987
Constitution reiterates the requirement that Congress take into account the requirements of
conservation, ecology, and development when granting rights over lands of the public domain.
A new environmental provision established in the 1987 Constitution is the mandate to Congress to
legislate the limits of forest lands and national parks for the purpose of conserving them, and to
provide for the prohibition of logging in endangered forests and watershed areas. 5
The right to a balanced and healthful ecology, as enshrined in Article II, Section 16 of the
1987 Constitution, has been made the basis of remedies by actual or potential victims of
environmental damage. Among these is the internationally recognized case of Oposa v.
Factoran, Jr., 6 in which the Supreme Court, apart from declaring this right self-executory, held that
such right is no less important than any of the civil and political rights enumerated in the [Bill of
Rights]. 7 The Court also introduced in this case the doctrine of intergenerational responsibility,
allowing minor parties to sue in behalf of succeeding generations.8
The declaration of the Verde Island Passage and the forestry of Lobo, Batangas
is part of full materialization of the said constitutional right.
BENEFICIALITY
If the law will declare the Verde Island Passage and the Forestry that surrounds it as an
Integrated Protected Area and Ecological Tourism Zone, the issue of the possible mining in the
said forests area will no longer be a contemporary environmental and legal issue. People could
have a peace of mind that there will be no possible alteration of such thru mining, due to the
prohibition that the law will provide.
We could ensure that the waters and marine ecology of the passage are conserved and
protected, the wildlife and the current extinction of species in the forests will be sheltered
otherwise.
For the people of Lobo, the feared shortage of water brought about by the large demand
and consumption of the mining industry will not anymore happen.
Lastly, if mining would said to happen, Based from the MRLs proposal, 98% of the income
will go the incorporators, leaving 2% only to be shared by the provincial government of Batangas
and municipal government of Lobo. Accordingly, a hundred of people will only be employed in
exchange of thousands of folks and tourists that are benefiting currently, from the beautiful
seascape of Lobo, which is recognized as the Center of the Center of Marine Biodiversity in the
whole world.
PRACTICABILITY
Passage of a law is not practical. But, it may be the easiest method of all that the
researches sees beyond suing the concerned entities where in fact, there is a current deficiency
of researches and studies to support the environmental damages of the mining exploration. What
is needed at present, is the prohibition of the possible environmental destruction to be caused by
the establishment of mining industries.
If the said areas will be declared Integrated Protected Area and Ecological Tourism Zone,
then, it would be easier to sue before the courts of law of the environmental damages that it
resulted, and primarily, mining is no longer an issue for it is legally prohibited.
***
REFERENCES:
http://www.rappler.com/move-ph/issues/disasters/thought-leaders/95802-protect-verde-islandpassage
http://www.cecphils.org/node/43
http://www.rappler.com/science-nature/environment/100236-batangas-opposes-gold-mineverde-island-passage
http://www.rappler.com/science-nature/environment/96129-new-species-verde-island-passage
http://outoftownblog.com/save-lobo-batangas-and-the-verde-island-passage-let-these-naturaltreasures-go-unmined/
http://plj.upd.edu.ph/legal-responses-to-the-impact-of-mining/