13
Mining Philippines News Volume 2013 / Issue 2 Anti-mining case hurts country’s investments, confuses investors 2 Philippine Mining Forum, tackles Mindanao and Mining Act 3 COMP holds orientation for DepEd lesson plan writers for Grade 8 curriculum 5 MGB announces no-mining zone map at Mining Forum 6 “No go zones” map to cut areas open to mining by half 7 COMP, DLSU, Robredo Institute partner for seminar on Basic Mediation Practices 8 COMP and members join Brigada Eskwela effort in Pasig school 9 First National EIS Convention held by DENR/PCAPI 10 SMI launches 2012 Sustainability Report 11 Philex wraps up four-month rehab of Padcal 12 COMP to partner with UP Pi Sigma Fraternity in Open Debate Tournament 12 Benguet Corp. hosts 33rd COMP Annual Tenpin Bowling Tournament 13 COMP intervenes in petitions against the Mining Act In a motion filed with the Supreme Court, the Chamber of Mines of the Philippines (COMP) -- represented by former Chief Justice Reynato Puno and former Supreme Court Associate Justice Vicente Mendoza – asked the high tribunal’s permission to intervene in two petitions again challenging the constitutionality of the Mining Act of 1995. In their submission, Puno and Mendoza said the Supreme Court has already decided on the constitutionality of the Mining Act in the landmark La Bugal- Blaan vs. Ramos case in 2004, a decision penned by former Chief Justice Artemio Panganiban. COMP joined its member respondents in asking that the petitions filed by former Akbayan Rep. Risa Hontiveros and others in March 2008 against Sections 80 and 81 of Republic Act 7942, or the Mining Act, be dismissed. It further argued that since the La Bugal ruling -- the longest in Supreme Court history which took six years for the high tribunal to deliberate on -- there has been no material change in the circumstances of the Philippine mining industry. In This Issue Quarterly Newsletter of Chamber of Mines of the Philippines “There is no compelling reason for the high tribunal to abandon its previous ruling. To have the Supreme Court revisit its ruling so soon after its decision became final in 2005, will definitely shake investor confidence and destabilize a critically needed industry,” COMP added. About Php 173 billion (US$4 billion) in mining investments have been poured into the country since 2004 following the high court’s ruling, making the industry a significant contributor to national development. Those investments include billions of pesos invested in the countryside—a crucial driver of inclusive growth that benefits all — by COMP members for rural development projects, as all large- scale mining operations are located in remote or hard-to-reach areas of the country, the Chamber added. COMP member companies have established viable mining operations under RA 7942 and have existing agreements with the Philippine Government and expect these to be honored, the Chamber said. “Our members’ investments under these agreements support job creation, inclusive growth and poverty alleviation, to page 5

Mining Philippines News

  • Upload
    vudiep

  • View
    215

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Mining Philippines News

MiningPhilippines News

Volume 2013 / Issue 2

Anti-mining case hurts country’s

investments, confuses investors 2

Philippine Mining Forum, tackles

Mindanao and Mining Act 3

COMP holds orientation for DepEd lesson

plan writers for Grade 8 curriculum 5

MGB announces no-mining zone map at

Mining Forum 6

“No go zones” map to cut areas open to

mining by half 7

COMP, DLSU, Robredo Institute

partner for seminar on

Basic Mediation Practices 8

COMP and members join Brigada Eskwela

effort in Pasig school 9

First National EIS Convention held

by DENR/PCAPI 10

SMI launches 2012

Sustainability Report 11

Philex wraps up four-month

rehab of Padcal 12

COMP to partner with

UP Pi Sigma Fraternity in

Open Debate Tournament 12

Benguet Corp. hosts 33rd COMP Annual

Tenpin Bowling Tournament 13

COMP intervenesin petitions againstthe Mining ActIn a motion filed with the Supreme Court, the Chamber of Mines of the Philippines (COMP) -- represented by former Chief Justice Reynato Puno and former Supreme Court Associate Justice Vicente Mendoza – asked the high tribunal’s permission to intervene in two petitions again challenging the constitutionality of the Mining Act of 1995.

In their submission, Puno and Mendoza

said the Supreme Court has already

decided on the constitutionality of the

Mining Act in the landmark La Bugal-

Blaan vs. Ramos case in 2004, a decision

penned by former Chief Justice Artemio

Panganiban.

COMP joined its member respondents in

asking that the petitions filed by former

Akbayan Rep. Risa Hontiveros and others

in March 2008 against Sections 80 and

81 of Republic Act 7942, or the Mining

Act, be dismissed.

It further argued that since the La Bugal

ruling -- the longest in Supreme Court

history which took six years for the high

tribunal to deliberate on -- there has been

no material change in the circumstances

of the Philippine mining industry.

In This Issue

Quarterly Newsletter of Chamber of Mines of the Philippines

“There is no compelling reason for the

high tribunal to abandon its previous

ruling. To have the Supreme Court

revisit its ruling so soon after its decision

became final in 2005, will definitely shake

investor confidence and destabilize a

critically needed industry,” COMP added.

About Php 173 billion (US$4 billion) in

mining investments have been poured

into the country since 2004 following the

high court’s ruling, making the industry

a significant contributor to national

development.

Those investments include billions of

pesos invested in the countryside—a

crucial driver of inclusive growth that

benefits all — by COMP members for

rural development projects, as all large-

scale mining operations are located in

remote or hard-to-reach areas of the

country, the Chamber added.

COMP member companies have

established viable mining operations

under RA 7942 and have existing

agreements with the Philippine

Government and expect these to

be honored, the Chamber said. “Our

members’ investments under these

agreements support job creation,

inclusive growth and poverty alleviation,

to page 5

Page 2: Mining Philippines News

2

The petitions against the Mining Act before the Supreme Court only hurt the country;s investments and confuses investors, the Chamber of mines of the Philippines (COMP) said.

“Mining investments include billions

of pesos invested in the countryside--a

crucial driver of inclusive growth that

benefits all--by COMP members for rural

development projects, as all large-small

scale mining operations are located in

remote or hard-to-reach areas of the

country”, said COMP Vice President for

Legal and Policy Ronald Recidoro.

“These investments support job

creation, inclusive growth and povery

alleviation, at the same time protect the

environment and uphold human rights,”

Recidoro added.

About P173 billion (US$4 billion) in

mining investments have been poured

into the country since 2004 following

the Supreme Court’s landmark ruling

in La Bugal-B’laan upholding the

constitutionality of the Mining Act or

Republic Act 7942, making the industry

a significant contributor to national

development.

While the mining industry as

represented by COMP believes that

the current fiscal regime already gives

government a fair and adequate share

in the proceeds from mining, it also

aknowledges government’s need

for additional revenues to fund its

development projects.

“The mining industry is always ready

to work with government in achieving

a revenue sharing scheme that will be

fair and equitable for all stakeholders,

government and investor alike,”

Recidoro said.

In a resolution of the Supreme Court en

banc dated June 25, 2013, the Chamber

was allowed to intervene in the petitions

filed by former AKBAYAN Partylist Rep.

Hontiveros, BAYAN member Casino, and

others.

COMP is represented by former Chief

Justice Reynato Puno and former

Associate Justice Vicente Mendoza.

Both are known constitutionalist, with

former Chief Justice Puno also widely

recognized as responsible for the

promulgation of the Supreme Court’s

Writ of Kalikasan.

The Chamber’s intervention, Recidoro

said, was necessitated by the fact that

the legal and economic interests of

its members - all large scale mining

companies - would be directly affected

by any decision that may be rendered by

the Court resolving the petition.

Recidoro said that the Mining Act

is world-class and at par with other

similar legislations of other countries

worldwide, such as Australia, Canada,

and the United States, in terms of

revenue sharing as well as environmental

protection and social development.

A stable fiscal and regulatory regime

is a necessary foundation upon which

mining investors will be encourage to

explore, develop, and ultimately operate

large-scale mines, the Chamber said.

COMP members have established viable

mining operations under RA 7942 and

have existing agreements with the

Philippine Government, and expect

these to be honored.

“Changing the regulatory regime will not

only undermine investments in mining,

but in other capital intense industries

like oil and gas. While government has

repeatedly said that changes will be

prospective. This, all the more effects

future investments as investors adopt a

wait and see policy.

Anti-mining case hurts country’s investments, confuses investors

2

The Chamber of Mines of the Philippines (COMP) will hold the Mining Philippines 2013 Conference and Exhibition with the theme “Moving Forward: Harnessing Opportunities” from September 10 to 12, 2013 at Sofitel Philippine Plaza Hotel.

Mining Philippines 2013 discusses the latest trends in the industry and the issues it faces, as well as the efforts of mining companies to further contribute to local and national development. It comes at a time when world metals prices are holding steady and the government is lifting its moratorium on mining applications, as it works on laying a clearer and more stable policy environment for the industry.

With over 500 local and international delegates expected to participate in the conference, and the region’s top mining companies and suppliers on hand to showcase their latest projects and prospects, the event offers remarkable business and networking potential for those in mining, minerals development, and allied industries.

Page 3: Mining Philippines News

3

As part of its information and education campaign for responsible mining, the Chamber of Mines of the Philippines (COMP) has launched the Philippine Mining Forum, a monthly event for the media designed to educate, inform, and give a better understanding of the mining industry as a positive contributor to the country’s social and economic development.

COMP successfully held the first

edition of the Forum last May 27,

with the theme “The Mindanao

Mining Agenda: Socio-Economic

Transformation” with support from

Sagittarius Mines Inc. (SMI).

Guest speakers were former Press

Secretary Jesus Dureza, B’laan tribal

chieftain Bai Dalena Samling, and

Tan Cailo, president of the Sta. Maria

Fisher Folks Association Inc. (SMFAI) in

Zamboanga del Norte.

In partnership with the Department

of Environment and Natural Resources

(DENR) and the Protected Areas and

Wildlife Bureau (PAWB), the Forum

was held at the Bulwagang Ninoy of

the Ninoy Aquino Parks and Wildlife

Center in Quezon City.

Over 20 reporters and media

organizations attended the Forum,

including representatives from GMA

News, the Inquirer, Philippine Star,

Business World, Business Mirror,

Philippine Mining Forum, tackles Mindanao andMining Act

Malaya, Sonshine News Network, and

DWIZ radio.

Dureza, currently president of Advocacy

MindaNOW Foundation Inc., said

responsible mining can bring about

peace and development and be a “life

changer” for the people in Mindanao.

In his presentation, Dureza said mining

companies can provide jobs and

livelihood to the people, which will be a

key to addressing hunger and poverty,

one of the root causes of insurgency in

the region.

“Poverty is always a trigger in peace

and order problems that we have,”

Dureza, who was presidential adviser

on the peace process during the Ramos

administration, stressed in a Business

Mirror report.

He also said mining companies should be

responsible enough to give something

back to the people and the environment,

the same way that communities should

be guardians of the environment and

partner of mining companies, being its

primary beneficiaries.

Dureza said Mindanao “is presently

troubled by illegal small-scale mining.

The entry of large-scale miners will

ensure responsible mining that will

be beneficial to various stakeholders,

particularly host communities.”

Benefits of responsible mining

Meanwhile, Bai Dalena Samling, the

female chief of the B’laan in Tampakan,

South Cotabato, said members of her

tribe are already benefiting from the

presence of SMI, the proponent of the

$5.9-billion Tampakan copper-gold

project.

“Without (SMI), maybe our children

would not be able to go to school until

now. There will still be no roads, no

water, or health centers,” Samling said.

Throughout 2012, SMI provided jobs

to more than 370 employees and 940

contractors; delivered community

health services to about 12,000 people;

provided financial support for tuition,

allowances and school supplies to

26,000 students; supported livelihood

opportunities for more than 6,000

households; reforested more than 340

hectares in partnership with community

groups, and contributed P1.8 billion

to the Philippine economy. (See “SMI

launches 2012 Sustainability Report”—

Editor)

Responsible mining has also “greatly

contributed” to the peace and order

situation in Zamboanga del Norte,

according to Cailo, a former Moro

National Liberation Front (MNFL) rebel.

Cailo now leads a group of 76 former

MNLF rebels that formed the Santa

to page 4

Page 4: Mining Philippines News

4

Maria Fisherfolk Association, and

noted in the Forum that they are now

living in peace as fishermen, getting

much-needed support from TVI

Resources Development Inc. (TVIRD)

that operates the Canatuan mine in

Siocon town.

Santa Maria is a coastal barangay in

Siocon town with the only port within

miles, which TVIRD uses to ship its

ores and bring in supplies. In 2012,

the company helped SMFAI acquire

a kubkoban, a large fishing boat that

the group built itself for almost a year

and now operates.

“Since our first expedition, the

kubkoban already earned a gross

income of P1,661,900, while every

crew member averages P3,000

[income] per expedition,” Cailo said at

the Forum.

“Now we have P148,000 in the bank

that we can use to purchase a delivery

vehicle,” he added in the Business

Mirror report.

Underscoring TVIRD’s contribution

to Zamboanga del Norte’s economy,

Dureza said: “I visited Siocon and have

personally seen how TVI’s presence

and economic activity elevated the

town from a third-class municipality to

first-class status.”

MGB announcements

Engr. Leo Jasareno, director of the

Mines and Geosciences Bureau (MGB),

delivered the Forum’s welcome

remarks on behalf of DENR Secretary

Ramon Paje and made some important

announcements:

• A draft bill on a new revenue sharing

scheme for mining would be filed in

Congress as soon as it resumes its session

in July, as the technical working group

assigned to prepare the draft bill was

to present it in a meeting of the Mining

Industry Coordinating Council (MICC) in

June.

• The MGB would release a no-mining

zone map, which identifies areas closed

to all mining activities, by June. (See

“MGB announces no-mining zone map

at Mining Forum” – Editor)

• A multi-sectoral team in every region

of the MGB was set to be established

by June. “This team will be reviewing

the performance of existing mining

operations within its regional scope every

two years, focusing on environmental

compliance,” Jasareno said.

In the context of the Forum’s theme,

Jasareno also reported that of the 397

mining contracts and permits issued by

the national government as of April, 123

or 31 percent are situated in Mindanao.

These include 106 mineral production

sharing agreements (MPSAs) out of

339 across the country, 16 exploration

permits out of 52 and one financial or

technical assistance agreement (FTAA)

out of six.

“The figures on operating metallic mines

are more interesting for Mindanao. Out

of the 38 operating metallic mines of

the country as of May, 20 or 53 percent

are in Mindanao,” Jasareno said in a

Philippine Star report.

Three major mining projects in

Mindanao include the Tampakan

copper-gold project of Sagittarius Mines

inc. in South Cotabato; the Boyongan-

Bayugo copper-gold project of a group

led by Philex Mining Corp. in Surigao del

Norte; and the Kingking copper-gold

project of Nationwide Development

Corp. in Compostela Valley.

Philippine Mining Forum

from page 3

4

Page 5: Mining Philippines News

5

To help develop awareness and appreciation of the importance of mining and minerals, the Chamber of Mines of the Philippines (COMP) held a “Mining 101” orientation for teachers tasked to develop lesson plans for Grade 8 students. This was held at the New Horizon Hotel in Mandaluyong City last May 18.

The orientation was the first step in

the efforts by COMP in partnering with

the Curriculum Development Division

of the Bureau of Secondary Education

(BSED) of the Department of Education

(DepEd) and curriculum development

experts under the K to 12 Program.

The goal is for students across the

country to learn about mining as a

vital industry for human survival and

as an important pillar of sustainable

economic prosperity.

The orientation was attended by

COMP holds orientation for DepEd lesson plan writers for Grade 8 curriculum

10 teachers, representing different

subject areas (English, Filipino, Science,

Technology and Livelihood Education,

Araling Panlipunan, and Edukasyon sa

Pagpapakatao).

Mr. Jose Bayani Baylon, vice president for

corporate communications of Nickel Asia

Corp.; Orly Oxales, COMP consultant and

deputy managing director of Stratbase;

and Engr. Rodalee Ofiaza of Sulu Sea

Minerals Management Corp., took turns

in orienting the teachers.

Jimbo Gulle, COMP Communications

Manager, facilitated the program with

Ms. Marivic Tolitol, Curriculum Project

Manager for DepEd.

Lesson plan writers, who are also teachers

in their respective schools, attended the

orientation meeting. They include Marlon

Daclis, Peter Tentoco, Angelo Espiritu,

Sheryll Gayola, Roselyn Salum, Jayson

Cruz, Johannsen Yap, Liza Alvarez and

Tolitol, under the direction of Dr. Jose

Tuguinayo Jr., BSED Curriculum Director.

The lesson modules will address various

topics and issues related to mining and

mineral development that need to be

clarified, debunked or in some cases

reoriented to be consistent with scientific

and fact based studies, according to

COMP consultant Oxales.

“This will also ensure relevance and

compliance with the DepED curriculum

standards,” added Oxales, who once

served as Director for Technical Services

of the DepEd from 1999 to 2005.

The modules “shall correct the

misconceptions, stereotypes, and in

some cases disprove mis-information

and false propaganda that demonize

the mining industry,” Oxales said. “At

the same time these lessons will seek

to enhance the learning experience

by providing educational material that

develops objective, scientific and critical

thinking skills,” he added.

COMP intervenes in petitions against the Mining Act

from page 1

and at the same time protect the

environment and uphold human

rights.”

COMP stressed that a stable regulatory

regime is a necessary foundation

upon which to encourage business

investment, foreign direct investment,

and the growth of industries. “An

adverse ruling by the high tribunal

on the petitions not only undermines

mining investments but also broadly

across all industries, severely impacting

the investment climate and harming the

country’s credibility. This will once again

be seen as changing the rules in the

middle of the game” COMP said.

The Hontiveros-led petitions, COMP

said, are issues for the Executive and

Legislative branches of government

to decide, and not lodged with the

Supreme Court or the judiciary which

is already overly burdened with more

important cases for its consideration.

“It also challenges not only the stability

of the decisions of the Supreme Court,

but also the high tribunal’s institutional

integrity,” it added.

Page 6: Mining Philippines News

Mining Philippines Newsletter

Official Quarterly Publication of the Chamber of Mines of the Philippines

Newsletter Staff:JIMBO OWEN B. GULECommunications Manager

COMP Communications CommitteeMark Williams, John Arnaldo, Roy Antonio, Ian Callow, Manolo Labor, Guillermo Feliciano Jr., Arnold Romero (Sagittarius Mines, Inc.); John Ridsdel, Kaycee Crisostomo (TVI Philippines); Rochelle Hilario, Atty. Francis Ballesteros (Philex Mining),; Michael Garcia, Rhea Roxas (Atlas Consolidated); Chito Gozar, Marie Joy Josue (OceanaGold Philippines); and JB Baylon (Nickel Asia Corp.)

For questions, comments, suggestions, and article or photo contributions, please [email protected], or contact (02) 635-4123 to 24, (02) 635-4159, and (02) 635-4160 (fax).

REVJON OBLEADesign & Layout

ARTEMIO F. DISINIChairmanBENJAMIN PHILIP G. ROMUALDEZPresidentNELIA C. HALCONExecutive Vice PresidentRONALD REX RECIDOROVice President for Legal and Policy

6

The Mines and Geosciences Bureau (MGB) announced a June 2013 release of a no-mining zone map, which identifies areas closed to all mining activities, during the first Philippine Mining Forum at the Bulwagang Ninoy of the Parks and Wildlife Center in Quezon City last May 27.

MGB Director Engr. Leo Jasareno made

the announcement during his opening

remarks on behalf of Environment

Secretary Ramon Paje at the Mining

Forum organized by the Chamber

of Mines of the Philippines (COMP),

supported by Sagittarius Mines Inc.

(SMI).

A check at the MGB website as of June

20, however, reveals no such map yet

in place. The bureau also has not issued

any statement on the no-mining zone

map’s actual release date.

“The no-go zone map is now being

finalized by the technical working

group (TWG) assigned by the Mining

Industry Coordinating Council (MICC). It

is expected to be operational by June of

this year, which means that very soon we

will put to rest the debate on which areas

are open or closed to mining,” Jasareno

said in a Manila Bulletin report.

“The map will make us decide whether

or not a particular portion of the country

is open or closed to mining. Since it is

an integrated map, it will also contain

the additional areas closed to mining

as provided by Executive Order (EO) 79,

like agricultural lands, tourism sites, and

critical habitat, among others,” he added.

MGB announcesno-mining zone map at Mining Forum

Jasareno pointed out that EO 79 was

issued on July 6, 2012 by President

Aquino to institutionalize mining

reforms in the country, as well as to

ensure environmental protection and

responsible mining in utilizing mineral

resources.

Under the implementing rules and

regulations of EO 79, areas banned

from mining were expanded to include

tourism development areas identified

not only in the National Tourism

Development Plan but also in local

development plans.

Other areas where mining is not allowed

include:

• Areas that have been expressly

provided for in Republic Act 7942 or the

Philippine Mining Act

• Protected areas established

under the RA 7586 or the National

Integrated Protected Areas System

(NIPAS);

• Prime agricultural lands;

• Lands covered by RA 6657 or

the Comprehensive Agrarian Reform

Law as amended

• Plantations and areas devoted

to valuable crops;

• Strategic agriculture and

fisheries development zones and fish

refuge and sanctuaries declared as such

by the Department of Agriculture; and

• Other critical areas, island

ecosystems and impact areas of mining

that the DENR may identify pursuant to

existing laws, rules and regulations.

6

Page 7: Mining Philippines News

7

The Integrated “No-Go” Mining Zones Map as proposed by the Technical Working Group (TWG) for Environmental Protection and Legislation of the Mining Industry Coordinating Council (MICC) would potentially reduce the areas open to mining by as much as 50 percent, to about 4.5 million bectares, the Chamber of Mines of the Philippines (COMP) learned.

The MICC TWG held consultation on the

no go zones, as directed by Executive

Order No. 79, was held last July 12 at

Malacanang, with the mining industry,

environmentalists and civil society

consulted in separate sessions.

The Chamber gathered that the

planned no-go zones map will

prioritize the Strategic Agricultural and

Fisheries Development Zones (SAFDZ)

as mandated by the Agriculture and

Fisheries Modernization Act or Republic

Act 8435.

Under the SAFDZ, entire provinces

will be declared tourism or agriculture

development zones, and thus closed to

mining, thereby cutting the areas open

to mining by half.

Representatives of the Chamber,

led by its Chairman Artemio F. Disini,

impressed upon the MICC TWG that

mining and mineral exploration are not

incompatible with agriculture, fisheries ,

and even tourism.

COMP also stated to the TWG that in

a policy matter as important as land

use, which impacts a whole host of

industries, the determination of what

priority uses should be for a given area

must be reserved for Congress as the

duly elected representatives of the

people.

Local government units (LGUs) and

communities should also have thier say,

and the decision of what activities to

allow, or what to ban, should not be left

solely only to the MICC, the Chamber’s

representatives added.

Planned overlays to the current no-

go mining zones map must also be

verified and corrected, as patented

mining claims and all approved mining

“No go zones” map to cut areas open to mining by half

tenements have not yet been excised

from the proposed map. The current

no-go zones also recognize exceptions

such as NIPAS protected areas.

The Chamber called for the TWG to study

the no-go zones more extensively, as

exclusions should not be based simply

on the topography of the areas but also

comparisons should be made on the

economic potential between two or

three possible economic activites - such

as mining, agriculture, tourism and etc.

COMP also proposed that mineral

exploration must continue to be allowed

so that the government will know what

it is giving up in favor of agricultural or

tourism activity.

Page 8: Mining Philippines News

8

To enhance the skills of its members in dealing with their respective local mine communities, the Chamber of Mines of the Philippines (COMP) partnered with the De La Salle University Jesse M. Robredo Institute of Governance in a three-day Training Seminar on Basic Mediation at the DLSU Taft campus in Manila from May 14 to 16.

The Robredo Institute, named in honor

of the late Local Governments Secretary,

developed the seminar that focused on

building the capacity of Corporate and

Community Relations Managers and

Field Officers of large-scale mining firms,

enabling them to engage in mediation

activities as a means of preventing

conflict and managing disputes with

local stakeholders.

Conducting the seminar was Jessica

Carter, an international consultant for

mediation and negotiation and current

Senior Advisor for Mediation Practice

at the Ministry of Business, Innovation

and Employment of the New Zealand

government. Dr. Francisco A. Magno,

director of the Robredo Institute,

was also on hand to welcome the

participants.

Carter has had extensive experience

teaching mediation and negotiation,

skills and ethics, and has delivered

COMP, DLSU, Robredo Institute partner for seminar on Basic Mediation Practices

capacity building programs to

mediators, business leaders, lawyers,

students, and community groups in New

Zealand, Australia, the United States and

the United Kingdom. She specializes

in multi-party mediation, negotiation

and facilitation, and has undertaken

training in extreme negotiations,

responding to crisis and managing

tense communications.

The seminar enabled the participants to

accomplish the following:

• To understand the basic concepts,

methodologies, and strategies in

mediation;

• To apply mediation approaches in

the context of actual problems and

challenges faced by the large scale

mining sector on the ground; and

• To facilitate the development of a

corporate mediation plan anchored on

actual field level experiences.

Representatives from Nickel Asia

Corp., Oceana Gold Philippines, Philex

Mining, Benguet Corp. and Lepanto

Consolidated Mining joined COMP

officials in the seminar, which marked

the second time that the Chamber and

DLSU’s Political Science Department

co-organized an event in 2013. The first

was the “Harnessing Mineral Resources

for Sustainable Development” mining

forum and CSR photo exhibit in January.

“The COMP is pleased to partner once

again with the DLSU Political Science

Department and Jesse M. Robredo

Institute of Governance, this time on

a very worthwhile capacity building

initiative on the subject of mediation,”

said Atty. Brenda Jane Angeles-

Mendoza, COMP vice president for CSR,

in her welcome remarks for the seminar.

“Mediation is no longer the wave of

the future, it is fast becoming the

preferred mode of dispute resolution

today,” Mendoza added. “I understand

that mediation puts premium on party

-- not lawyer -- empowerment and

preservation of relationships, as well as

culturally appropriate processes, where

parties seek to understand the nature,

stage, and sources of their conflicts

then pursue some problem-solving

exercise, where interests rather than

mere positions matter, and where they

strive to achieve mutually satisfactory

outcomes -- solutions that we may not

necessarily want but can live with.”

“It is for these reasons that our judicial

system has embraced mediation under

the general rubric of ADR (alternative

8

to page 10

Page 9: Mining Philippines News

Member companies demonstrated that responsible mining extends beyond mine sites and communities when they teamed up with officials of Maybunga Elementary School Annex in Pasig City in the Brigada Eskwela 2013 clean-up activity from May 20 to 24.

Officials of COMP and representatives

of Lepanto Consolidated Mining Co.,

Philex Mining Corp., TVI Resources

Development (Philippines) Inc., Far

Southeast Gold Resources Inc., Intex

Resources, MRL Gold, San Beda College

of Economics, and the Philippine Mine

Safety and Environment Association

joined teachers and parents of the

Barangay Maybunga community in the

Brigada effort.

A project of the Department of

Education, Brigada Eskwela is a

nationwide voluntary effort which

started in 2003, bringing together

teachers, parents and the community

to clean up and repair public schools

and prepare the facilities for the school

opening.

COMP and its members donated

cleaning supplies and equipment,

and Intex/MRL Gold donated an

additional 10 electric fans for Maybunga

Elementary, which Principal Myrna J.

Visaya accepted in behalf of the school

located along West Bank Road of the

Floodway area.

Barangay Chairman Jun-Jun Concepcion

thanked COMP and the volunteers, who

staged a brief parade around the school,

during the opening program.

“On behalf of COMP, I would like to

thank you for your active participation,

and for those who pledged to go back

there in the coming days to continue

cleaning,” COMP vice president Brenda

Jay Mendoza said. She said the effort at

Maybunga “will be featured by DepEd in

their national and regional newsletters.”

“I think we have made a point during

the activity that while COMP members

are responsible miners in their

respective communities, particularly

felt through the mandated SDMP

(Social Development and Management

Program), many companies go over

and beyond the legal requirements and

outside their immediate communities

through this type of CSR activity,”

Mendoza added.

COMP also thanked Philex for arranging

to bring a TV5 news crew to cover

the entire event. Mendoza was

interviewed on camera and appeared

in the combined news report on the

Brigada that included sound bites from

celebrities and Education Secretary

Armin Luistro.

9

COMP membersjoin Brigada Eskwela effort inPasig school

Page 10: Mining Philippines News

proceedings. Now, we have an Office

of ADR under the DOJ (Department of

Justice),” Mendoza said.

In mining situations, Mendoza said

mediation may be useful in processes

involving the EIA (Environmental

Impact Assessment), FPIC (Free Prior

and Informed Consent), protected area

management, grievance mechanisms,

consultation on the SDMP (Social

Development and Management

Program), CSR, and post-mining

scenarios, among others.

dispute resolution); even Congress

enacted an ADR law which mandates

all agencies to promote and integrate

the principles of ADR in their respective

10 10

The Chamber of Mines of the Philippines (COMP) and its members were active participants in the First National Convention on the Philippine EIS System -- catering to Environmental Impact Assessment (EIA) practitioners across the country -- held last June 19 to 21 at the Manila Hotel.

Organized by the Department of

Environment and Natural Resources

(DENR)-Environmental Management

Bureau (EMB) with the Pollution

Control Association of the Philippines

Inc. (PCAPI), the convention promoted

“a common understanding and

appreciation of the Philippine EIS

(Environmental Impact Statement)

System among its various stakeholders.“

COMP member Sagittarius Mines Inc.

(SMI) was a major sponsor, and Oceana

Gold, Coral Bay Nickel, Taganito Mines,

and Far Southeast Gold were sponsors.

Representatives from Philex Mines,

Platinum Group Metals Corp., and FCF

Minerals attended the convention.

Atty. Brenda Jay Angeles-Mendoza,

COMP vice president for corporate social

responsibility, also served as facilitator

in various plenary sessions on the

“Historical and Regulatory Framework

of the Philippine EIS System,” “Forging

Partnerships,” “Setting Standards,” and

“Moving Forward.”

Joselito Bacani, former Chairman of the

COMP Environment Committee, spoke

and delivered a paper on “Challenges

and Opportunities in Environmental

Management: Perspectives on EIA

Compliance and Related Initiatives of

the Chamber of Mines of the Philippines”

on the second day of the convention.

Bacani reported that COMP,

“notwithstanding the challenges

in complying with EIA and related

regulations, continues to work

towards strengthened environmental

management that is consistent with EIA

objectives by taking initiatives (among

its members) and seizing opportunities

(internationally-recognized standards

and practices) for improved compliance

and responsibility.

He mentioned that COMP developed

the book Compliance and Beyond:

A Corporate Social Responsibility

Guidebook for the Philippine Mining

Industry, “which seeks to encourage

its members not only to comply with

the law, but to undertake voluntary

initiatives that demonstrate its

responsibility to mitigate the social

and environmental impact of mining

First National EIS Convention heldby DENR/PCAPI

activities, fostering community growth

and development.”

Bacani also reported that COMP

was accepted as a member of the

International Council on Mining and

Metals (ICMM) in 2012. “The ICMM

principles seek to guide the mining

industry in continually improving

its environmental performance,

contributing to biodiversity

conservation and integrated approaches

to land use planning,” he said. “Initiatives

related to this are urged to be measured,

monitored, managed, and disclosed in a

Sustainability Report using the Global

Reporting Initiative (GRI) framework.”

While the mining industry is “still in

a pioneering stage in demonstrating

the results and outcomes of its

environmental management efforts

through the EIA process and other

best practices tools, Bacani said COMP

remains positive “that the country’s

evolving mining industry, with its

stronger commitment toward bringing

progress that is also socially and

environmentally sustainable, will reach

that point where mining matters.”

Other representatives to the convention

came from companies in the oil and

power sector, national government

agencies, local government

units, academic institutions, non-

governmental organizations and civil

society groups.

Basic Mediation Practices seminar

from page 8

Page 11: Mining Philippines News

11

Real stories of real people from Southern Mindanao captured the hearts and minds of people during the Sustainability Report launch of Sagittarius Mines Inc. (SMI) on June 6. The Manila launch was the culminating event after two other rollouts in Davao City on May 29 and Koronadal City on May 31.

A member of the Chamber of Mines

of the Philippines (COMP), SMI is the

contractor of the Philippine government

and holder of a financial and technical

assistance agreement (FTAA) that

manages the Tampakan copper-gold

project in Southern Mindanao.

SMI general manager for external affairs

Mark Williams said he was pleased to

share the 2012 Sustainability Report

with national government and business

leaders who attended the launch.

“Our achievements in sustainability to

date demonstrates our commitment

to achieving shared goals for the

region, improving social and economic

prosperity to enable a brighter future for

generations to come,” he said.

Throughout 2012, SMI provided jobs

to more than 370 employees and 940

contractors; delivered community

health services to about 12,000 people;

provided financial support for tuition,

allowances and school supplies to

26,000 students; supported livelihood

opportunities for more than 6,000

households; reforested more than 340

hectares in partnership with community

groups, and contributed P1.8 billion to

the Philippine economy.

Aside from the Sustainability Report

magazine, the launch showcased the

stories of SMI’s different stakeholders

who benefited from the companies

programs—on education, livelihood,

healthcare, resettlement consultation

and responsible mining advocacy

campaign.

The event touched on “a-day-in-the-life”

of a 73-year-old B’laan elder, Masalio

Sumangay, who has witnessed all the

changes that happened in her tribal

community. Sumangay said during the

dialogue with stakeholders that she felt

better now that she was seeing progress

everywhere and life for her people has

become more comfortable.

Her daughter Dalena, one of the tribal

chieftains, goes to many meetings to

promote responsible mining and tell

people about the benefits of mining.

Sumangay said SMI’s sustainable

programs should benefit all tribal

communities and barangay within the

project area so that the indigenous

peoples would not be jealous of the

benefits that one tribe was enjoying.

The video also featured Servanda

Enojales, a barangay health worker;

Rosario Pangilan, an abaca weaver; Ellen

Mae Ambat, former SMI scholar and

instructional manager/adult literacy

teacher; Cristie Carillo, former SMI

scholar; Allan Lorenzo, a resettlement

committee member and councilor of

Barangay Pula Bato; and Lolit Morales, an

advocate from the ‘Seeing is Believing’

program and official representative

of the Inter-Evangelical Christian

Community Group of South Cotabato.

“People should hear the truth about

responsible mining,” Morales said when

she was asked to be part of the panel

of stakeholders who shared her story in

SMI’s Sustainability Report launch.

Lorenzo said that since 1997, the

Barangay Community Development

Fund amounting to P1 million (later

increased to P3 million) has helped

them since the programs of the mining

company focused on barangays.

Ambat, for her part, encouraged the

youth to value education and avail

themselves of the scholarship programs.

She wanted to give back to her tribal

community and took advantage of

SMI’s program to teach adults like her

parents who wanted to finish secondary

education.

Enojales, meanwhile, attested to the

big improvement and accessibility of

healthcare services by the residents

of Kimlawis. She said: “I used to walk

four hours of muddy road just to reach

this barangay. Now, because of the

improved roads and availability of

transportation provided by SMI, I am

able to give children their immunization

and assist in giving the medical needs of

the barangay once a month.”

Pangilan’s family income has improved

tremendously because he was one of

the 30 farmers who were given a start-

up capital of P5,000 to grow and weave

abaca. He was able to enroll his four

children to school and provide decent

food on the table daily.

SMI launches 2012 Sustainability Report

Page 12: Mining Philippines News

12 12

Philex wraps up four-month rehabof Padcal

suspended in August 2012 after its

tailings pond collapsed.

Late in February, the Mines and

Geosciences Bureau (MGB) allowed

Philex to reopen a portion of the Padcal

gold and copper mine to conduct

remediation measures for its Tailings

Facility Storage Number 3.

Philex has also paid P1.034 billion

in penalties to the Department of

Environment and Natural Resources

(DENR) for the spill that affected Balog

Creek and Agno River.

“The major work has been the

construction of the spillway, which

should be finished by the end of this

month,” Pangilinan told reporters.

Pangilinan pointed out that Philex, the

country’s largest miner, has substantially

filled up the sinkhole that caused the

operations to halt almost a year ago.

Moving forward, Philex is planning to sell

more than P12 billion worth of shares

to finance other projects, including the

construction of a new tailings pond in

Benguet.

Proceeds will also be used to fund an

exploration program of the Silangan

and Kalayaan mining projects in Surigao

del Norte. The former is expected to

begin commercial operations by 2017.

The equity offering, Pangilinan said,

will depend on the government

allowing Philex to proceed with normal

operations. In April, shareholders

approved the P12.3-billion stock rights

offering that will support the repayment

of loans from First Pacific Group.

Philex Mining Corp. is expected to finish the rehabilitation of its Padcal mine in Benguet in August, paving the way for the sale of additional shares to finance projects in the facility, according to a report in the Philippine Star.

“Rehabilitation has proceeded well.

Actually, we’re already at the tail-

end of the process,” Philex chairman

Manuel V. Pangilinan said in the report.

“We are now applying for the lifting

of the mining suspension and that is

pending.”

Operations of the Padcal mine were

COMP to partner with UP Pi Sigma Fraternity in Open Debate Tournament

To better discuss issues about mining in a scholarly forum, the Chamber of Mines of the Philippines (COMP) is partnering with the Pi Sigma Fraternity of the University of the Philippines (UP)-Diliman in the latter’s Pi Sigma Month 2013, highlighted by an Open Debate Tournament from August 8 to 31.

COMP is signing up as a co-presenter

of the event – like its member Nickel

Asia Corp. -- and will provide debate

propositions, judges for debate

matches concerned with mining,

and guest speakers for both the

debate matches and educational

discussions with Pi Sigma.

The debate tournament is the annual

flagship event of the 40-year-old

fraternity, which hosts different

events to promote its twin principles,

“Paglingkuran ang Sambayanan”

(Serve the Society) and “Paragon of

Scholarship.”

First organized in 1988 to promote

socio-political awareness through the

intellectual process of debate, the

tournament has been “the biggest

and most anticipated event in the

university” according to Pi Sigma. It has

also been the longest running debate

tournament not only in the Philippines

but in Southeast Asia spearheaded by a

fraternity.

Venues for the event are the UP Claro

M. Recto Conference Hall and the

UP Malcolm Theater, both at the UP

Diliman Campus. The tournament is

expected to draw teams from colleges

and institutions across the UP System.

Apart from the Open Debate

Tournament, other activities of Pi Sigma

Month 2013 include an essay writing

contest, a photo contest, an “Open

Tambayan Celebration,” the “Canticum

Servitium – Music for the People”

concert, and a Miss University beauty

pageant.

Page 13: Mining Philippines News

13

Benguet Corp. hosts 33rd COMP Annual Tenpin Bowling TournamentSixteen teams led by defending overall champion Philex Mining Corp. returned to the lanes as the Chamber of Mines of the Philippines (COMP) launched its 33rd Annual Tenpin Bowling Tournament on June 4 at the Coronado Lanes of the Starmall Shopping Complex in Mandaluyong City.

Benguet Corp. is sponsoring this

year’s tournament, which has four

teams fewer than the 20 squads that

joined the 2012 event but is no less

competitive, as COMP members

enjoy the opportunity for stronger

camaraderie and friendly competition

that the weekly bowling contests

bring.

Atlas Mining and Carmen Copper

sponsored the previous year’s

tournament, which brought together

COMP members from the exploration,

mining, mineral processing, quarrying,

cement, oil and gas, and service

industries, as well as professional

associations.

Marcelo A. Bolano, Senior Vice

President of Benguet Corp., gave the

inspirational speech in the program

that opened the tournament. Nilo

Thaddeus P. Rodriguez, Benguet

VP for Systems & Audit, delivered

the welcome remarks, and COMP

Communications Manager Jimbo

Owen B. Gulle addressed the bowlers

in the opening remarks.

Other Benguet Corp. officials played

parts in the opening program. Rebecca

Rapisura, Division Manager, led the

Invocation; Raymond Cortez, Business

Development Manager, led the Oath

of Sportsmanship; and Pablo Gabriel

R. Malvar, Vice President of Business

Development, declared the tournament

open.

Tournament director Christian Kho of

Cathay Industrial Mill Supply introduced

the participating teams. Apart from

Philex, Benguet, Cathay Industrial and

COMP, the other teams include:

• Lepanto Consolidated/Far Southeast

Gold

• Atlas Consolidated/Carmen Copper

• Orica Philippines

• Civic Merchandising Inc.

• Filminera Resources/Masbate Gold

Project

• Philippine Associated Smelting and

Refining Corp. (PASAR)

• Quest Exploration Drilling (Philippines)

Inc.

• Atro Mining Corp.

• National Mapping and Resource

Information Authority (NAMRIA)

• Geological, Exploration and Drilling

Supplies (GXD)

• SGV&Co./Ernst&Young

• FAG Bearing Center

Philex’s 10-man squad nearly swept all

awards, including the championship,

to retain the overall crown in the 2012

tournament, awarding rites for which

were held at Dads Kamayan Saisaki and

Sambokojin Restaurant in SM Megamall

last February 1.

Amada Zabala, executive assistant to

Philex President and COO Eulalio Austin,

retained her trophies in the High Single

Scratch, High Single with Handicap,

High Series Scratch, and High Series

with Handicap categories — the same

categories she won in the event’s Ladies’

Division.

Philex’s Emylin Paragas, accounting

supervisor, and assistant manager for

Exports Danilo Papasin said it was the

fourth time Philex Mining became the

overall champion since 1990 after the

event’s maiden tournament in 1980.

Philex Mining earned an overall score

of 319.198 points, followed by the

combined team of COMP and Mines

and Geosciences Bureau with 314.342,

Filminera Resources (296.738), and FAG

Bearing Center (296.713).