Zambo. del Sur IP’s seek PNoy help for MPSA cancellation within Midsalip Ancestral Domain

By JONG CADION

PAGADIAN CITY, ZAMBO DEL SUR (April 27, 2014-MPF NEWS) – The Indigenous Peoples represented by the Council of Elders and Leaders belong to the Subanen Gataw Taasan Association, Inc. Midsalip Ancestral Domain in Zamboanga del Sur showing their hope that positive results will be undertaken by officials of the government to their petition for the cancellation of Mineral Production Sharing Agreement (MPSA) of all mining firms within Midsalip, Zamboanga del Sur Ancestral Domain area, IPs Official said.

According to IPs Association Vice President Timuay Langhap Carlito Dalangon in an interview Sunday, the petition was filed on August 5, 2013 requesting the National Commission on Indigenous Peoples (NCIP) and the Mines and Geosciences Bureau (MGB) of the DENR for the cancellation of all mining applications, existing mining operations with approved MGB Mineral Production Sharing Agreement (MPSA) within the Ancestral Domain area without Free, Prior and Informed Consent (FPIC).

Vice President Timuay Langhap Carlito Dalangon said, the Subanen Community of Midsalip Ancestral Domain specifically within the 24 covered barangays have been declared on April 13, 2011 to exercise their Priority Rights (EPR) in the management and development including harvesting and utilization of all natural resources within the ancestral domain as provided for by Section 57 of R.A. No. 8371 otherwise known as Indigenous Peoples Rights Act of 1997.

Timuay Langhap Dalangon said the NCIP have issued a resolution dated June 18, 2013 acknowledging the declaration now pending before since the area applied for EPR contained approved MPSA’s and other pending mining applications before the Mines and Geosciences Bureau.

Dalangon added that the council have gone too far for the desired appropriate actions to be undertaken due to the fact that the aforesaid mining tenement application and the approved MPSA was already expired or if not as in the case of 168 Ferrum Pacific Mining Corporation wherein the applied area does not overlapped any and or portion of the ancestral domain. 

Timuay Langhap Dalangon also said citing the report/recommendation of the Field-Based Investigation (FBI) activities conducted by the NCIP Region IX headed by its designated Team Leader, Dr. Roberto R. Barcela, Jr., wherein he recommended for the issuance of Certificate of Non-Overlapped (CNO) since the affected/applied area does not overlapped any and/or portion of the ancestral domain. On the contrary, the approved MPSA of 168 Ferrum Pacific Mining Corporation includes ten barangays within the ancestral domains and the affected areas only mentioned Canipay Sur and Canipay Norte of both located/situated outside of the ancestral domains. Meaning, the areas with approved MPSA do not have any FPIC’s and such violated section 59 of R.A. 8371 (IPRA) and section 16 of R.A. 7942 otherwise known as the Philippine Mining Act of 1995 and recently the Executive Order No. 79 of Pres. Benigno Simeon C. Aquino, III.

A Temporary Restraining Order was issued dated May 16, 2013 by the NCIP against 168 Ferrum Pacific Mining Corporation for Violated section 59 of R.A. 8371 IPRA, he said.

Dalangon further said that more mining applications are on pending status before the MGB and NCIP but without any applications for FPIC’s in particular, CZARSTONE Mining Corporation is a merged company with a claimed of Francisco Real and Juan Carillo of both has acquired respective Certification Precondition issued by the NCIP and consent from the Subanen Community of Midsalip, but both were already expired. CZARSTONE as it is has no FPIC and it violated NCIP Administrative Order No. 01 s, of 2006 and NCIP Administrative Order No. 03 s, of 2012, the revised FPIC Guidelines.

Various requests were sent to the MGB and NCIP yet the council received no concrete actions undertaken by the concern agency aside from referrals, assurances of reviews and analysis by the said offices, Dalangon said.

He said the council made a lot of follow up letters with regards to the said request and it’s quite frustrating yet the office of the NCIP did no concrete action relative to the request instead have referred the matters to the MGB of the DENR for action while in fact the controversial areas mentioned in here is within the ancestral domains with an approved MPSA but without the mandated Free, Prior and Informed Consent.

He said their complaint was also the contents of their letter address to President Benigno Simeon C. Aquino, III dated April 2, 2014 through Department of Environment and Natural Resources (DENR) Secretary Dr. Ramon J.P. Paje, Mines and Geosciences Bureau (MGB) Director Dir. Leo N. Jasareno and NCIP Chairperson Leonor T. Oralde-Quintayo. with the hope that Tuwid Na Daan will be implemented immediately.

He said the council hoping that Tuwid Na Daan action will be implemented immediately by President PNoy after the letter was received and acknowledged by the Office of the President in Malacañang on April 7, 2014 at 3:39 pm.

Timuay Langhap Dalangon said that in their letter the council also informs President Aquino regarding the consensus decision of the Subanen Community of Midsalip that they will no longer entertain any FPIC application in lieu of their Exercise of Priority Rights as inspired by law and further application for FPIC will no longer be entertained.

He added that there were no more grounds for those concern agencies to delay the request for the cancellation of all pending applications and MPSA granted by the MGB and the delaying cancellation of the aforesaid mining tenements and application might only frustrate the noble intent of the Subanen Community of the Ancestral Domain of Midsalip in Zamboanga del Sur.