“No one is above the law.”

Ordering an ore mining operator in Bayog to stop operation and pull out its heavy equipment hurt the residents who benefited from it but the Provincial Government wanted everything to be in place.

On November 28 or six days after the stoppage order was served to 168 Ferrum Mining Corp, Governor Auring E. Cerilles called a consultation meeting among the mining stakeholders in the area.

Present were the members of the Provincial Mining Regulatory Board; Operations Manager of 168 Ferrum Mining Corporation, Romeo Fernando; Lawyer Rogelio Lagat representative of DENR Regional Director Ernesto Adobo, Jr.; Provincial Environment & Resources Officer Rito Ordiz, Community Environment & Natural Resources Officer Wilson Villa (based in Guipos); Environmental Management Board represented by CENRO Adelaida Borja; Executive Assistant Ruel Molina (representative of Governor Cerilles); Provincial Legal Officer Mark Anthony Padayhag; Sangguniang Bayan members of Bayog and Barangay Captains  and Barangay Kagawad of the barangays covered by the 168 Ferrum mining operation.

The consultation was presided by newly appointed Local Environment and Natural Resources Officer Tyronne D. Singgo while former LENRO Milabel Alia was among the discussants.  Each group was given time to talk to shed light on the issue.

Was the Small Scale Mining Act Violated? 

Issues at hand were: whether or not the 168 Ferrum really violated the Small Scale Mining Act due to the presence of heavy equipment and whether or not it operated without a Governor’s Permit.  The output of the consultation was the input for the Provincial Mining Regulatory Board to resolve these issues after the consultation.

During the consultation, Romeo Fernando, operations manager of 168 Ferrum belied the allegations that they used heavy equipment for mining operation per se’ but admitted that they used them for rehabilitating old logging roads and opening of new roads.  The backhoes were not used directly to extract iron ore, he stressed.

On the issue of no permit, Fernando raised that there was misunderstanding between his company and the provincial government since they already paid for the renewal of their permit.

168 Ferrum Not the Actual Permittee 

It was learned from former LENRO Alia that 168 Ferrum was not the actual permittee of the mining operation in Barangay Liba,  Datagan and Balokbahan, all of Bayog.  It was Mindanao Mining and Mineral Resources Corporation, a small scale mining company.  However, both had agreed that the former would take charge for the mining operation.

Fernando said that a month before their permit would expire, they applied for the renewal in good faith but there was no notice at all from the Provincial Government.

{sidebar id=5}Alia explained that the Governor’s permit of Mindanao Mining Corp. already expired September, this year.  Although they had paid for the renewal last August but it did not mean their permit was already renewed.  She clarified that 168 Ferrum should comply with the technical requirements set under the Small Scale Mining category.

Roads Opened Beyond Coverage, Trees Cut

But PENRO Ordiz raised that upon evaluation conducted by the environmental monitoring team, it was found out that new roads were opened beyond coverage stipulated in the permit.  Moreover, there were 4,000 board feet of cut trees found in the area without permit from the CENRO.  These activities were considered violations, he said.

Fernando admitted that it was an honest mistake when they opened roads outside their coverage although they were commissioned by the Local Government Unit of Bayog to rehabilitate the old logging roads in the area.

On the issue of illegal cutting of trees, Fernando said they were again commissioned by the Local Government Unit of Bayog. 
In defense, Sangguniang Bayan member Saturnino Amor for and in behalf of Mayor Mary Ann Cartalla asked for an apology from the body for the violation done.  Nevertheless, he averred  that they were in a hurry to ask for permit to cut trees since they need to fix the barangay road called as “coca cola body” immediately because constituents in the area could not pass the road anymore.

PENRO Villa emphasized that “no one is above the law.”  He said that even the LGUs have to secure permit to cut trees.  He pointed out that the word permit gives the specific condition to avoid abuses.

Barangay Captain Vouches for 168 Ferrum 

On the other hand, Barangay Captain Loreto Lumayag of Datagan aired the worries of his constituents.  He wanted the stoppage order be lifted because majority of his people especially the ordinary laborers and even students could earn money out of picking ore floats in the area.

Lumayag vouched for 168 Ferrum who declared it has helped them solve petty crimes and decreased prevalence of malnourished children in his barangay.   “Before animal slaughter was rampant in our barangay because of poverty; teachers were complaining of many malnourished children because many families only eat camote and other staple food as substitute for rice.

Accordingly, 168 Ferrum would buy P300 for every 1 cubic meter ore floats from the residents.  In a week’s time, they earn P900 as they usually accumulate 3 cubic meters in a week.

Last update : 30-01-2008 21:58

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