AN URGENT APPEAL FOR ALL LOCAL CHIEF EXECUTIVES, SANGGUNIAN CONCERNED AND MULTI-SECTORAL GROUPS WITHIN THE PROVINCE OF SURIGAO DEL SUR TO DENOUNCE AND CONDEMN THE PROPOSED CREATION OF THE MINING REHABILITATION FUND COMMITTEE (MREC) FOR MARCVENTURES MINING AND DEVELOPMENT CORPORATION AND THE SIGNING OF MEMORANDUM OF AGREEMENT (MOA) BROKERED BY THE MINES & GEOSCIENCES BUREAU, REGIONAL OFFICE XU (DENR-MGBXIII), SCHEDULED ON MARCH 26, 2009 AT THE OASIS RESORT, CARRASCAL, SURIGAO DEL SUR. OM March 11, 2009, the DENR-MGBXIII sent invitation letters to multi-sectoral groups who are affecied by the proposed mining operations of Marcyentures Mining Development Corporations (MMDC) to join the creation of the Mine Rehabilitation Fund Committce (MRF), signing of Memorandum of Agreement, and organization of the Multipariite Monitoring Team (MMT) activities on March 26, 2009 at 9:00AM, at the Oasis Resort Carrascal, Surigao de! Sur. We urgently appeal to all our Honorable Local Chief Executives, Sanggunian concerned and multi-sectoral groups to DENOUNCE AND CONDEMN said activities being self-serving, nznipulative of the mining application process, and violative of the strong stand of all Local Government Units, the National Irrigation Administration Surigao del Sur Provincial Office, Federation of Irrigators Association, the church led by His Excellency, Most Reverend Bishop Nereo P. Odchimar, DD, JCD, MBA, Non-Governmental Organizations, Academe, People’s Organizations, Farmers, Fisher folk, Women, Youth and Students and many more against the ‘mining application of Marcventures Mining Development Corporation (MMDC) and Carac-an Development Corporation (CDC) manifested thru various resolutions, petitions and public fora ‘This appeal is founded on the following grounds: 1. In the letter of Director Horacio C, Ramos, DENR-MGB, Central Office, dated February 12, 2009 to Hon. Librado C. Navarro, stamped received on February 27, 2009, the good director emphasized the status of the mining application of MMDC, to wit “The good Sanggunian would be probably aware that the Honorable Secretary of the Department of Natural Resources has ordered the suspension of the exploration activities of ‘Marcventures Mining and Development Corporation in view mainly of such environmenial issues as similarly emphasized in the Resolution.” 2. The creation of the Mining Rehabilitation Fund Committee (MMDC) and the signing of any pertinent Memorandum of Agreement thereto assume that the mining development and utilization stage of MMDC is already approved despite the above suspension order. This is speculative and violative of the Philippine Mining Act of 1995 and the powers of the local government articulated in Sections 26 and 27 of the Local Government Code, particularly the provision on decentralization and local autonomy. The assertion by MGBXIII of pertinent provisions under the Philippine Mining Act particularly Section 71 thereof and those provided under Sections 169, 170, 171 and 174 of DAO 96-40 as their legal besis is premised under a normal circumstance such as in the= rears case where the mining application is not confronted by mounting opposition from multi- sectoral groups, suspension of exploration activities, and denial of any endorsement from ‘the concerned Sangeunian, etc Section 10, DENR Memorandum Order No. 34, series 1999 explicitly mandates that: “Prior approval or endorsement by any two (2) of the concerned Sanggunian (Panlalawigan, Bayan, and Barangay) shall_be required in support of mining applications intended for development and/or utilization purposes. In the case of mining application intended for exploration, a proof of consultation with project presentation 10 any two (2) concerned Sanggumian shall be required. In either case, the proof of prior approval, endorsement, consultation and/or project presentation shall be in the form of a formal Resolution or Certification by the concerned Sanggunian” (underlining mine). ‘That submitted to the various offices of DENR, ie. CENRO, MGB, EMB, etc. are resolutions AGAINST the mining applications of MMDC, NOT approval _nor endorsement for development or utilization, enumerated as follows: a. LGU Carrascal, Surigao del Sur, SB Resolution No. 137, s. 2008, dated 26 August 2008. “STRONGLY OPPPOSING TO THE APPLICATION AND APPROVAL OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE (ECC) OF MARC VENTURES MINING AND DEVELOPMENT CORPORATION WITH AN AREA OF 1,703 HECTARES COVERED UNDER ITS MPSA AT BARANGAY PANIKIAN, CARRASCAL, SURIGAO DEL SUR. b. LGU Cantilan, Surigao del Sur, SB Resolution No. 2007-32, dated 18 September 2007 “RESOLUTION EXPRESSING NO TO MINING STAND BY THE SANGGUNIAN BAYAN OF CANTILAN, PROVINCE OF SURIGAO DEL SUR TO ALL AREAS UNDER ITS JURISDICTION. ©. LGU Cantilan, Surigao del Sur, SB Resolution No. 138-95, dated 18 July 199° “REQUESTING FIDEL V. RAMOS TO REVOKE AND/OR CANCEL THE MININ¢ APPLICATIONS GRANTED TO VENTURA TIMBER CORPORATION AND CARAC-AN DEVELOPMENT CORPORATION d. LGU Madrid, Surigao del Sur, SB Resolution No. 32-2008, dated 26 February 2008 “REQUESTING THE MARCVENTURES THRU MR. MARIO VEJUNGCO, CANTILAN, SURIGAO DEL SUR TO STOP THEIR MINING EXPLORATION ACTIVITY UNDER THE TERRITORIAL JURISDICTION OF MADRID, SURIGAO DEL SUR, THE SOONEST TIME POSSIBLE.” e. 1S Sangeuniang Panialawigan of Surigao del Sur, SP Resolution No. 899-2008, dated December 16, 2008: “ENDORSING TO THE HONORABLE SECRETARY, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES THRU THER HONORABLE DIRECTOR, MINES AND GEOSCIENCES BUREAU (DENR-MGB) CENTRAL OFFICE THE PETHION/OPPOSITION PAPERS OF BAYWAICH FOUNDATION, INC., THE LOCAL GOVERNMENT UNIFS OF CANTILAN AND CARRASCAL, THE NATIONAL; IRRIGATION ADMINISTRATION, THE RELIGIOUS SECTOR, AND THE FARMERS RELATIVE TO THE MINING OPERATION OF MARCVENTURES MINING DEVELOPMENT CORPORATION IN THE MUNICIPALITIES OF CARRASCAL, CANTILAN AND MADRID, ALL OF THE PROVINCE OF SURIGAO DEE SUR FOR HIS FAVORABLE CONSIDERATION. £ 1S" Sangguniang Panlalawigan of Surigao del Sur, SP Resolution No. 922-2009, dated January 6, 2009: “INFORMING THE PRESIDENT, MARCVENTURES MINING DEVELOPMENT CORPORATION (MMDC), CANTILAN, THIS PROVINCE THAT THE SANGGUNIANG PANLALAWIGAN CANNOT ACT ON THEIR REQUEST If BEING MOOT AND ACADEMIC CONSIDERING THAT THIS AUGUST BODY HAS ALREADY ENDORSED THE PETITION/OPPOSITION PAPERS OF BAYWATYCH FOUNDATION, INC., THE LOCAL GOVERNMENT UNITS QF CARRASCAL, CANTILAN AND MADRID, NATIONAL IRRIGATION ADMINISTRATION (NIA) AND THE RELIGIOUS SECTOR AGAINST THE MINING OPERATION OF MMDC TO THE DEPARTMENT QF ENVIRONMENT AND NATURAL RESOURCES THRU THE MINES AND GEOSCIENCES BUREAU (DENR-MGB) CENTRAL OFFICE.”@ That MGBXIII by brokering the creation of the MMDC MRFC and facilitating the signing of MOA cannot invoke as legal basis the questionable Environmental Compliance Certificate (ECC) issued by the DENR on December 22, 2008. ECC is neither a permit nor a law. It isa planning tool, recommendatory in nature and a guide per PD 1586, DENR-DAO 03-30 and par. 3, DAO 2007-06 and the words of Director Julian Amador of DENR-EMB Central Office in his letter to the undersigned on November 26, 2008 Thus, can never SUPPRESS the various stages of mining applications defined under RA 7942, to wit: Mining Application (MPSA), Prospecting, Exploration, Feasibility Study, EIA/EIS/ECC, —_Development/Production, Rehabilitation, Abandonment, Otherwise it will unlawfully usurp the legislative powers constitutionally vested on Congress. Granting argnendo that MMDC has already the ECC, such acquisition does not in any manner change the status of the mining stage of MMDC. It is still under EXPLORATION STAGE pending “prior approval or endorsement” from the two (2) Sanggunian as cited in paragraph 4 hereof. Worst, the exploration activities of MMDC are yet suspended upon order of the Secretary of the DENR. MGB’s action is absurd and illogical. This could be a manipulation to get us into the whole grand plan to allow MMDC to operate mining in Cantilan under any circumstance. There are a lot of critical issues that MGB and EMB need to iron-out before it allows MMDC to move to another stage, e.g, absence of prior consultation with LGUs, NGOs and other concerned sectors of the community as provided in Sections 26 and 27 of the Local Government Code, the falsehood statement in the Environmenal Work Program, dubious transfer of right from VIC to MMDC, absence of feasibility study, inaccurate rainfall data, creation of CTWG and the undertaking of social development projects prior to the issuance of ECC and mining development permits, ¢.g. providing P90,000.00 each to the barangays, skills training, Iivelthood and scholarship programs, road rehabilitation and construction of new access roads, ete May we remind the Regional Director of MGBXII that until now the office seemed to be silent on the petition and opposition of the NIA, the good Bishop of the Diocese of ‘Tandag, the Irrigators Association, Baywatch and many other groups, which the Director of MGB (Central Office) acknowledged and endorsed to MGB XIII on January 28, 2008, for final settlement and resolution, namely: No final resolution on the two (2) technical conferences facilitated by MGBXIII held on April 9, 2008 at SSPSC, Cantilan and May 3, 2008 at the residence of the provincial governor: b. No action was made on his (Mr, Ensomo) leiter to Bishop Odchimar dated September 1, 2008, to create a technical fact-finding team to conduct ground verification/validation 19 cestigate the following, concerns © That the operation of MMDC will be detrimental to the watershed area, © That the on-going rehabilitation by MMDC of the provincial road constitute gross violation of applicable laws, ©. This was further corroborated by the letter of the good Bishop to President Gloria Macapagal ‘Amroyo on September 16, 2008, where he emphasized his avowed concems, namely and we quote: + ‘During this time around, itis prayed, that we, the Petitioners, be duly informed when, where and how this verification will be conducted and be furnished subsequently with the results of such validation, + We strongly request that our complaint be faithfully and accurately presented without distortion. We objected to the Progressive Rehabilitation programs and infrastructure projects which are supposed to be undertaken only during, the Development/Production saad GE sibling operuates; aad which MIMIC lies ‘beek doing siteady ‘even before the