Zambo del Sur IPs call DENR for cancellation of 168 Ferrum MPSA

By JONG D. CADION

PAGADIAN CITY, Zamboanga del Sur (July 14, 2014-MPF News) --- The Subanen Indigenous Communities of Midsalip, Zamboanga del Sur through their economic arm, Subanen Gataw Taasan Association Incorporated (SUGATAI), warned and cautioned government officials from closing their eyes to the violations committed by 168 Ferrum Pacific Mining Corporation (168 Ferrum), IPs Official said.

SUGATAI Chairman Timuay Carlito Dalangon said Monday calling the Department of Environment and Natural Resources (DENR) Secretary Ramon J.P. Paje for the cancellation of 168 Ferrum Mineral Production Sharing Agreement (MPSA) No. 267-2008-IX after they had discovered recently that said documents issued by former DENR Secretary Lito Atienza to 168 Ferrum following the recommendation to Mines and Geosciences Bureau (MGB) is procured through fraud and machinations.

Timuay Dalangon said on September 30, 2008, the National Commission on Indigenous Peoples (NCIP) issued Resolution No. 303, Series of 2008 approving the issuance of Certification Precondition (CP) for the MPSA application of 168 Ferrum as APSA 101-IX on the basis of the said CP, MPSA No. 267-2008-IX was then issued to 168 Ferrum.

However, Timuay Dalangon said thorough and careful reading of the documents, specifically, the Resolution No. 303, would show that the CP issued to 168 Ferrum covers only areas located in Bayog, Zamboanga del Sur, namely: Barangays Datagan, Bantal, Canoayan, Liba, and Matin-ao, but not Midsalip.

Midsalip is not part of Bayog. “It is very clear therefore that Midsalip is not covered by Resolution No. 303. But to our shock and dismay, a parcel of land in Midsalip was surreptitiously included in MPSA No. 267-2008-IX,” said Dalangon.

Dalangon added that it is due to the machinations of 168 Ferrum that two parcels of land were included in MPSA No. 267-2008-IX, namely: a parcel of land in Midsalip which is covered by our EPR, and a parcel of land covered by EXPA 046 located in Bayog, which had in fact been canceled by the DENR Secretary. These two parcels are included as if they were part of their CP, where in fact they were not.

Dalangon said the records would show that the CP issued to 168 Ferrum which only covers certain barangays in Bayog was duplicitously used to include areas in Midsalip.

By so doing, 168 Ferrum succeeded in securing MPSA No. 267-2008-IX over lands within their ancestral domains, said the tribal leader.

The IPs leader accused 168 Ferrum for violating the law and the conditions of its grants.

He said the records would also show that 168 Ferrum has not secured the following: a.) FPIC of the IPs in Midsalip, b.) Certification of Non-Overlap, and c.) Certification Precondition over any parcels of land located in Midsalip.

He cited section 59 of the IPRA provides: “Certification Precondition that all departments and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into any production sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain.

Such certification shall only be issued after a field based investigation is conducted by the Ancestral Domains Office of the area concerned: Provided, That no certification shall be issued by the NCIP without the free and prior informed and written consent of ICCs/IPs concerned: Provided, further, That no department, government agency or government owned or controlled corporation may issue new concession, license, lease, or production sharing agreement while there is a pending application for a CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation process.”

He said the law is very clear that a Certification that the area does not overlap any certified or claimed ancestral land/domain issued by National Commission on Indigenous Peoples must be secured by the applicant, and where the area overlaps any certified or claimed ancestral domain, the Free and Prior Informed Consent (FPIC) of the concerned ICCs/IPs must also be obtained. 168 Ferrum has not complied with any of these requirements over the areas within our ancestral domains in Midsalip.

The aforementioned MPSA granted to 168 Ferrum has denied us of our rights under the law as it is only under “free, prior, and informed consent” that we can protect ourselves and assert our rights under the IPRA. “Clearly, the MPSA of 168 Ferrum strikes at our liberty to exercise our rights to explore, harvest, extract, develop and exploit the natural resources within our ancestral domains.

This law must be applied strictly and swiftly to stop the fraudulent acts of 168 Ferrum and to mark out our rights within our ancestral domains,” said Dalangon.

He also added that under the same provision, the DENR is strictly enjoined from granting any agreements without valid FPIC and CP, presumably to ensure that the IPs concerned are protected. Undeniably, the issuance of MPSA No. 267-2008-IX to 168 Ferrum in violation of Section 59 of IPRA is illegal and punishable under Section 72, he concluded.

In addition he said, Article 5 of the New Civil Code also provides: Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. He also also explained that under this provision, MPSA No. 267-2008-IX is null and void for being executed in violation to Sec. 59 of the IPRA requiring valid FPIC, CNO and CP prior to its approval. Being null and void, the MPSA has no force and effect and must be treated as if no MPSA has been issued. “The MPSA of 168 Ferrum, if not enjoined, will prohibit two distinct and specific activities that the law directly grants us, namely: the right to explore and the right to mine the natural resources within our ancestral domains.” Said Dalangon.

He commented that the fraud resorted to by 168 Ferrum may have been complicated that it had escaped the attention and watchful eye of the MGB. Unquestionably, the records of this case and the documents submitted by 168 Ferrum could reasonably ascertain that 168 Ferrum committed fraud and violated the law and the conditions of its grants.

The IPs in Midsalip (Zamboanga del Sur) also recommended to the DENR Officials that the existence of these violations by 168 Ferrum warrants the cancellation of MPSA No. 267-2008-IX.

NCIP Region-9 Director Timuey Woy Lim P. Wong in an interview on Friday said denied of that their having issued the said certification to 168 Ferrum. “I just newly assumed office last month when we had received the copy of the complained furnished to us by SUGATAI and upon verification based in our record shows our office did not issue the said documents to the said mining firm,” Wong explained.

MGB Region-9 Satellite Office on the other hand refused to give any comment on the issue due to the ongoing investigation regarding the complained by the IPs in Midsalip.