For Manila bay project: Gwen stops dolomite mining

CEBU, Philippines — Cebu Governor Gwendolyn Garcia has stopped the extraction and transport of dolomite from Alcoy town for the rehabilitation project in Manila Bay.

Garcia issued an order Tuesday directing Dolomite Mining Corporation (DMC) and Philippine Mining Service Corporation (PMSC) “from further extracting, processing, selling, and transporting of dolomite, associated mineral deposits, and other quarry resources.”

The governor also directed Alcoy town, the police, and the military to assist the provincial government in implementing the order.

DMC, through a Mineral Production Sharing Agreement with the national government, extracted the dolomite in Alcoy while PMSC took care of transporting the dolomite to Manila.

But Garcia, as stated in the order, said that the provincial government and Alcoy town were not informed of the Manila Bay project nor was there a public consultation held before the Mines and Geosciences Bureau (MGB) - 7 issued two Ore Transport Permits (OTP) to PMSC to allow the company to transport seven Wet Metric Tons of dolomite to Manila from Cebu.

“The issuance of the OTPs to PMSC without the proper notice to the local government unit and the absence of public consultation and participation clearly lacks transparency on the part of the MGB, PMSC, and DMC hence, a violation of Section 8(a) of DENR Administrative Order No. 2010-21,” the cease and desist order reads.

Section 8 of the DENR order highlights the role of local governments in mining projects within their jurisdiction as mandated by the Philippine Mining Act, one of which is “to ensure that relevant laws on public notice, public consultation and public participation are complied with.”

Garcia’s order also said there was no Environmental Impact Study to support the extraction, considering that the extraction was done at an “Environmentally Critical Area” and at a critical slope. Alcoy has been declared habitat of the Black Shama, an endangered bird, which is endemic to Cebu.

“Under the Precautionary Principle in Environmental Law enshrined in Rule 20 of the Rules of Procedure for environmental cases, it is ordained that when there is a lack of full scientific certainty in establishing causal link between human activity and environmental effect or harm, the right to a balanced and healthful ecology shall be given the benefit of the doubt. The possible harm and effect the Manila Bay aesthetic project has to the ecology of Cebu triggers the operability of this principle to prevent environmental inequity to the present and future generations of Cebuanos,” the order reads.

Criticism

Board Member John Ismael Borgonia, head of the Committee on Environmental Conservation and Natural Resources of the Provincial Board, said Garcia has warned MGB not to issue a transport permit to mining firms in Alcoy.

He said another batch of dolomite was supposed to be taken out of Alcoy.

Borgonia is set to file a resolution at the Board next week condemning the decision of MGB to issue the OTP.

“The same act is contrary to Section 16, Art II of the 1987 Philippine Constitution considering that the extraction of dolomite materials from Alcoy and the consequential damage it will cause to the terrestrial environment of Cebu violates the Cebuano’s constitutional right to a balanced and healthful ecology in accord with the rhythm and harmony of nature,” part of the resolution reads.

Armando Malicse, chief of science research of MGB-7, told said they do not need to approve the three pending applications.

"Pending the application, as what the governor said, we need not to," he told the Capitol Public Information Office.

Fishers and environmental groups have also slammed the project, saying it may potentially harm the marine ecosystem and communities and violates at least five environmental and cultural laws.

“We condemn the project and it must be stopped as it has not undergone an environmental impact assessment nor a consultative and participatory process in both Manila Bay and in Cebu, as to its environmental impacts, thereby violating several environmental laws,” the groups said in a report by Philstar.com.

The groups pointed out that the “ill-conceived” project should have gone through the Environmental Impact Statement (EIS) system like other projects or undertakings, which are seen to have a significant adverse impact to the quality of the environment.

Department of Environment and Natural Resources (DENR) Undersecretary Benny Antiporda said earlier that the project is not covered by the EIS system and needed only a certificate of non-coverage, which is issued for undertakings that are deemed unlikely to cause significant adverse impacts on the environment. The certificate was secured.

The organizations also stressed that the National Cultural Heritage Act of 2009 prohibits the alteration of Manila Bay’s original features.

“Manila Bay waterfront was declared a National Historical Landmark by the National Historical Commission of the Philippines in 2012. It is protected by the National Cultural Heritage Act of 2009. The act mandates that the bay ‘shall be maintained as close to their appearance at the time the area was most of importance to Philippine history as determined by the National Historical Institute’,” the groups said. — JMO (FREEMAN)