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No 'midnight deals' in Samar mining project

Former Department of Environment and Natural Resources (DENR) Secretary Heherson T. Alvarez today strongly denied allegations by the Catholic Bishops Conference of the Philippines (CBCP) and officials of Samar Island that the two Mineral Production Sharing Agreements (MPSAs) he signed last year for mining explorations in the island were tinged with anomalies.

In a press conference on Thursday, the CBCP led by Borongan, Eastern Samar Bishop Leonardo Medroso and local officials of Samar Island led by Calbiga Mayor Melchor Nacario, charged that the two MPSAs for Bauxite Resources Inc. and Alumina Mining Corp. were "midnight deals" in nature, saying these were signed on December 4 last year, shortly before Alvarez was replaced as DENR Secretary on Dec. 15, 2002.

They also claim that the mining areas were within a forest reserve declared by the Ramos administration and also covers 119,197 hectares of the proposed Samar Island National Park (SINP) in Western Samar.

Alvarez, who is now presidential adviser on filipino overseas workers, maintained that there was no 'midnight deals' for the two MPSAs which he said were approved following all procedures in accordance with the rule of law.

"The MPSAs cover only the exploration activities to be conducted by the two mining companies and do not grant them the right to mine. These MPSAs, along with several others that I have approved during my DENR watch of two years was a component of the government's thrust for sustainable minerals development, with the vision of infusing more investments in that sector, accelerate more jobs in the countryside and fast track development," he stressed.

Alvarez said project proposals for mining in Samar Island have been pending since the 1970s and 1980s. The MPSAs, he clarified, went though a rigorous process based on Presidential Proclamation No. 1690 issued in 1977 by President Marcos, establishing the Bauxite Mineral Reservation, which has yet to be repealed, and was issued prior to the Samar Forest Reserve declaration by President Ramos in 1996.

The Bauxite Mining Reservation is estimated to hold more than 200 million metric tons of bauxite, a strategic raw material for aluminum production. This is the only bauxite mine in the country and if fully developed, this would generate at least US$21 billion in revenues, which would make a substantial contribution towards government's anti-poverty program.

"It may also be recalled that when President Arroyo announced my replacement in November, she even gave me ample time to finish many programs and projects pending in my Department then, including the MPSAs. We have done our job, all above board, before I relinquished my post on December 15, as ordered by the President," Alvarez added.

For his part, DENR Mines and Geosciences Bureau (MGB) Director Horacio C. Ramos, in a letter to the Philippine Daily Inquirer, maintained that the MPSAs underwent all the prescribed procedures and processes in securing mining rights in mineral reservations.

He also denied that the MPSAs were already "mining rights" in itself but were mere "exploration permits" with the actual mining process - its scope, framework and extent - still to be determined through another rigorous process involving all stakeholders, before actual mining would be done.

"It is not true that bauxite will be mined in a 12,000-hectare area that encroaches upon a forest reservation. The MPSAs are intended for initial mineral exploration only… If a sizeable economic mineral deposit is discovered, the proposed project will still have to pass through the entire Environmental Impact Assessment process leading to an Environmental Compliance Certificate (ECC)," he said.

Also, Ramos said project proponents would need to submit an Environmental Protection and Enhancement Program, as well as secure an approval from the Sangguniang Panlalawigan, Sangguniang Bayan and the Barangay Council, including a feasibility study to determine whether or not the project can absorb the environmental and social costs.

Ramos reiterated that all MPSAs approved by government automatically excludes any virgin forests and watershed forest reservations because there are areas are closed to any form of mining.

Even DENR Secretary Elisea Gozun has been quoted as saying that the MPSAs have already been found valid by the DENR 's legal division which reviewed the agreements upon her orders.




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No 'midnight deals' in Samar mining project
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