Leyte SP calls on DENR MGB to review policy on granting exploration permits

By Philippine Information Agency (PIA 8)
August 22, 2010

TACLOBAN CITY  –  The Sangguniang Panlalawigan of the Province of Leyte called the attention of the Department of Environment and Natural Resources - Mines and Geosciences Bureau to review the policy on the issuance of exploration permits.

Board Member Roque Tiu pointed out, during the first Summit for Stakeholders of the Mining Industry in Region 8 on August 19, that Exploration Permits are granted by the DENR-MGB without consultation with the Local Government Units, the Provincial Government, the City or Municipal Government and the Barangay governments.

This, he said is a violation against the autonomy of the Local Government Units as provided for in the Constitution and in RA 7160 otherwise known as the Local Government Code.

Section 2 on Declaration of Policy of Chapter 1 of the General Provisions of the Local Government Code states that: “(a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units.”

Board Member Tiu also brought to the attention of DENR-MGB, Paragraph (c) which provides that “It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, non-governmental and people’s organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.”

SEC.16 on General Welfare provides that “every local government unit shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.”

The Leyte Board Member also cited Section 26, Duty of National Government Agencies in the Maintenance of Ecological Balance, Chapter 3 of the Local Government Code, provides that “It shall be the duty of every national agency or government-owned or -controlled corporation authorizing or involved in the planning and implementation of any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of crop land, rangeland, or forest cover, and extinction of animal or plant species, to consult with the local government units, nongovernmental organizations, and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof.”

Section 27 provides that “No project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior approval of the Sanggunian concerned is obtained: Provided, That occupants in areas where such projects are to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance with the provisions of the Constitution.”

Even the Environmental Code of Leyte provides for prior consent of the Sanggunian, Board Member Tiu said.

Board Member Tiu reacted on the speech of the MGB-8 Director saying that the Leyte SP is reversing the process. He said the SP Leyte received letters from Exploration Permit grantees which have been in the province for several years already, requesting for an audience with the Leyte SP so that they can individually present their companies.

What the Committee on Environment did was to set a date for all the Mining Companies to be able to make their presentations. Since the Committee have limited knowledge on mining, DENR-MGB, DA, Bureau of Fisheries and several NGO’s and media representatives were also invited.

To the surprise of those who attended the two consultative meetings, the mining companies has been conducting exploratory and research activities in the municipalities of the Province without knowledge of the LGUs. What is worse is that the MGB is blaming the LGUs when there are complaints about the activities.

The DENR officials headed by USec Jeremias Dolino assured Board Member Tiu and the LGU representatives present that they will raise this issue to the Central Office.