DOMAPMA DEFENDS RIGHTS FOR SURVIVAL; CLAIMS OPERATIONS OUTSIDE BC’S PATENTED MINING CLAIMS

July 21, 2024 Provincial

Benguet Corp., DOMAPMA agree for ‘talks’ …Leads to industrial peace

LA TRINIDAD, Benguet

Dontog Manganese Pocket Miners Association (DOMAPMA) has maintained it’s position that the areas which they conduct small-scale mining operations are outside the patented mining claims of Benguet Corporation (BC).
DOMAPMA further assert their operations in Sitio Dalicno, Barangay Ampucao are within their rightful ancestral claims, protected under Republic Act No. 8371,otherwise known as the Indigenous People’s Rights Act (IPRA) of 1997. The IPRA law recognizes and promotes the rights of indigenous cultural communities and indigenous peoples in the country.

It was learned in Tuesday’s special meeting of the Benguet Provincial Mining Regular Board (PMRB), initially
presided by Gov. Melchor Diclas, and later by Fay Apil, Regional Director of Mines and Geosciences Bureau- Cordillera (MGB-CAR), and chairperson of the body. The small-scale mining (ssm) association also said, their area of operation is being applied for Minahang Bayan (MB) through the Benguet Federation of Small-Scale Miners, Inc.
(BFSSMAI). It covers — Barangay Ampucao, Tuding, Gumatdang,Ucab,Virac and Loacan-as Parcel1,2.3 and 8
(Itogon and Tuba).

Official of the Provincial Environment and Natural Office (PENRO) also told the body that Benguet Corp. (BC) Application for Production Agreement (APSA)in the ‘contested’ areas have been denied in ‘finality’. Also the company’s application for Exploration Permit (EXPA 122) is pending. The two contending parties, traded claims and
counter-claims in the almost three-hour heated but peaceful meeting , held at the Provincial Capitol, and witnessed by a number of local pocket miners including women mostly from Dalicno and nearby communities .

Until both parties agreed for talks to settle the issue, even as PMRB stood its hardline policy — no permit, no mining operations , and urged small-scale mining associations to apply for Minahang Bayan (MB) with corresponding
Environmental Compliance Certificate (ECC) in order to operate legally. In the course of BC’s presentation , Engr. Valeriano Bongalos, Jr. VP-Resident Manager repeated its company’s offer to DOMAPMA pocket miners to be a part of their labor force as ‘contract’ workers to legitimize their operation.

The BC presentation also discussed allegations of illegal mining operations by DOMAPMA. Regarding the BC offer,
PMRB member Peter Cosalan, representing the non-go posted a query directed to BC..if it is legal for BC to absorb pocket miners from DOMAPMA as contract workers , not withstanding the company’s APSA has been denied , and has not been granted an exploration permit in the disputed mining areas. ‘Yes Sir, its legal,’ replied BC’s Administrative Officer, lawyer Froilan Lawilao.

Gov. Diclas said ‘we all want you to operate…its your source of livelihood, but their are government laws and
processes to be followed.’ Diclas rallied everyone to support the government environmental efforts, noting the flagrant violations which led to the destruction of the environment. RD Apil for her part said…’respeto lang’, adding a consent from the owner of a lot/ mining tenement is also required to facilitate MB application. Earlier, Norberto Cobaldes, president of the Benguet Federation Small-Scale Miners, Inc (BFSSMI), appealed to authorities to conduct
consultation and proper coordination before a stoppage order is executed.

Cobaldes revealed that members of the board were not consulted in the recent issuance of stoppage order against DOMAPMA. RD Apil clarified that there’s a standing ‘agreement’ from the past members of PMRB, authorizing her to issue such orders. In June, BFSSMI issued a statement supporting the plight of DOMAPMA, appealing the lifting of the stoppage order. The Federation further states that the impact of the stoppage order— has displaced dozens of
highlander /lowlander small scale miners, and left families in hunger and poverty, much so, several school children and college students expressed fear that they may not be able to enroll this school year due to financial difficulties being experienced by their parents.

Actually, the PMRB special meeting was called by RD Apil, PMRB chairperson in response to the letter request
(dated June 24,2024) by Benguet Corp through Bongalos to PMRB and to Gov. Diclas- for a stakeholders meeting. In fact, DOMAPMA was the subject of a recent stoppage order (May 7,2024). In the early going of the meeting, presided over by Gov. Diclas-, co-chairperson of the provincial mining regulatory board ,asked the concerned government agency the reasons that led to stoppage order against DOMAPMA.

Brent Pagtilan, MGB’s focal person on small-scale mining, cited three reasons: as follow-up on the earlier order of former DENR Secretary Roy banning small scale mining operations in the aftermath of landslide due to typhoon
‘Ompong’ which killed a number of pocket miners; also a follow-up on the earlier action by the PMRB against ‘illegal’
mining activities , and environmental concerns. Meanwhile, Lowel Barton of the Environment Management Bureau (EMB CAR) urged parties to have self regulation. He added that cyanide is a regulated substance, pointing on the
report of alleged illegal transport/sale of cyanide. He urged everyone to report on illegal distribution for proper
action by their agency.

Primo P. Agatep/ABN