The Alyansa Tigil Mina Blog

http://www.tribune.net.ph/nation/20060521nat1.html
05/21/2006

A group of anti-mining activists yesterday denounced Economic Planning Secretary Romulo Neri over his pro-mining pronouncements, which they said was timed to counter the report of the commission created by Malacañang to look into the effects of the twin mine spills that occurred off Rapu-Rapu Island in Albay last year.

“That is blasphemous, immoral and incorrigible. The President (Arroyo) and her men are playing dirty politics and sheer syndicate games to offset the report of the fact-finding mission led by Sorsogon Bishop Arturo Bastes that recommends to Mrs. Arroyo the permanent closure of Lafayette’s mining operations. This is a national foul play, with the good bishop as the victim of this rabid pro-mining clique in Malacañang,” the militant group Pambansang Lakas ng Kilusang Mamamalakaya (Pamalakaya) said in a statement. (more…)

http://www.mb.com.ph/MTNN2006052164640.html
By GENALYN D. KABILING

Malacañang yesterday ruled out a ban on lucrative mining ventures in the country but promised anew to enforce stringent environmental standards for sustainable development.
Press Secretary Ignacio Bunye said it would be a disservice to the people if the government blocks the country’s potential mining resources to propel economic growth.
“A ban on mining is not the answer but the standards and safeguards already in place and existing laws must be strictly enforced,” he said in a statement.

Bunye issued the remarks a day after a presidential commission tasked to investigate the environmental impact of two mine tailing spills in October 2005 by an Australian firm in Rapu-Rapu island, Albay in October submitted to the President its final report.
He said the President would study the recommendations of the commission, including calls to review the mining law that opens full ownership of local mining projects to foreigners and shut down local operations of Lafayette Mining Ltd. due to the mine spill. (more…)

http://www.manilastandardtoday.com/?page=news04_may20_2006
By Joyce Pangco Pañares and Roderick dela Cruz

THE fact-finding commission headed by Sorsogon Bishop Arturo Bastes has found Australia’s Lafayette Mining firm guilty of damaging the environment in Albay after two cyanide spills last year allegedly contaminated the waters there.

The commission’s report drew a quick response from Economic Planning Secretary Romulo Neri, who defended the mining industry as vital to the country’s economic development.
Meanwhile, in a statement, Lafayette acknowledged that there had been lapses in the past in operating the mine, but “the environmental impact of these lapses is very minor and all remedial measures have been completed.”

Bastes turned over the commission’s 169-page report to President Gloria Macapagal Arroyo at the Malacañan Palace yesterday. (more…)

http://www.manilatimes.net/national/2006/may/21/yehey/top_stories/20060521top1.html
By William B. Depasupil, Reporter

MALACAÑANG on Saturday turned down proposals to impose a total ban on mining in the country but promised to strictly enforce laws and safety standards governing mineral exploration in the country.

The Palace also assured the people it would carefully review and consider the 10 recommendations submitted by the Rapu-Rapu Fact-Finding Commission, headed by Bishop Arturo Bastes of Sorsogon.

President Arroyo created the commission to investigate toxic spills in a mine site in Albay run by the Australian company Lafayette Philippines Inc. and to respond to the Catholic Bishops’ Conference of the Philippines pastoral letter calling for a mining ban. (more…)

By Emmanuel Q. Fernando
The Mining Act
Share in financial benefits
http://www.manilatimes.net/national/2006/may/21/yehey/opinion/20060521opi6.html

THE previous article discussed the issue of how much share in the financial benefits of the mining enterprise Section 81 of the Mining Act allows foreign corporations to receive. The present article will discuss Sections 80 and 84 in relation to Section 39.

Section 80 expressly states that the excise tax on mineral products shall constitute the “total government share in a mineral production-sharing agreement,” which under the Tax Code is only two percent of the market value of the gross output of the minerals. Section 84 reiterates essentially the same thing. According to the minority, this contravenes the constitutional provision on the state ownership of mineral resources, as the government concedes to the foreign corporation practically for free its beneficial ownership over the mineral resources.
There exists an easy refutation to this contention. These statutory provisions pertain only to mineral production sharing agreements (MPSAs) and hence has no application to the financial or technical assistance agreement (FTAA), the validity of which is under consideration in the instant case. In other words, it presents an issue not relevant to the instant case, and is thus moot. Moreover, it would, according to the majority opinion, be procedurally unfair. Since these provisions do not come within the issues that were defined and delineated by the court during the oral argument and were not touched upon by the parties in their pleadings, it would be a violation of due process for the court to make any pronouncement regarding the constitutionality of Sections 80 and 84 in the instant case. (more…)

Foreign firms stay; industry still gov’t priority
http://news.inq7.net/nation/index.php?index=1&story_id=76462
First posted 01:06am (Mla time) May 21, 2006
By Gil C. Cabacungan Jr.
Inquirer
Editor’s Note: Published on page A1 of the May 21, 2006 issue of the Philippine Daily Inquirer

SAYING a ban was not the answer, Malacañang yesterday stood firm on its policy allowing big foreign companies to operate mines despite recommendations to stop Australian mining activities on Rapu-Rapu island and review the country’s liberalized mining law.
“Our country is blessed as one of the most highly mineralized countries in the world. It would be a disservice to our people if our full mineral potential is not realized as this is clearly a source of employment and development,’’ Press Secretary Ignacio Bunye said in a statement.
“A ban on mining is not the answer but the standards and safeguards already in place and existing laws must be strictly enforced. Mining remains a priority for development,’’ Bunye stressed.
Bunye issued the statement after the Malacañang-created Rapu-Rapu Fact-finding Commission submitted to President Macapagal-Arroyo on Friday a report recommending the scrapping of the environmental compliance certificate issued to the Australian Lafayette
Group and calling for a moratorium on mining on the 5,000-ha island of Rapu-Rapu in Albay.
It also called for a review of the Mining Act, especially its provisions on foreign ownership and management of mining companies and operations.
The commission launched an inquiry following mine tailings spills on Rapu-Rapu.
Presidential adviser on political affairs Gabriel Claudio said in a radio interview that the commission might have overstepped its bounds when it recommended wholesale changes in the law.
“This is not a matter of whether the mining law should be amended or repealed. We will be guided by inputs from the members of Congress about this,” Claudio said. “I don’t think we should be hasty to have any conclusion on what legislative moves should be done.’’ (more…)

http://business.inq7.net/money/topstories/view_article.php?article_id=2283
Last updated 03:34am (Mla time) 05/20/2006

THE government should review a mining law that allows foreigners 100-percent ownership of mines, and block operations of Australia’s Lafayette Mining Ltd. in the country, a report containing the results of an independent inquiry into a major mining issue said on Friday.

President Gloria Macagapal-Arroyo created the Rapu-Rapu Fact-Finding Commission (RRFC) to look into the environmental effects of two cyanide spills at a mine run by Lafayette on Rapu-Rapu island, about 350 kilometers southeast of Manila. (more…)