Minutes on (Title of the Meeting)

(Name of Office)

(Date)

Dicoyong, Sindangan, Zamboangadel Norte

Proceedings:

Meeting was called to order by Engr. Farolito Q. Isawat (time) at (place of meeting). He emphasized to the elders of the barangay and the Subanen members that the purpose of their presence is for consensus building and freedom period relative to the Free and Prior Informed Consent Process on the Application for Issuance of Certification Precondition for Mineral Production sharing with the barangay and Masada Resources and Mining Corporation. He stressed out that thiswas the second event for the said movement wherein the meeting was made exclusive for Subanen attendees. Furthermore, he reiterated that this was indicated solely for such participants because this will be the moment where they can discuss on mining, if they will accept the proposed project. Engr. Isaw mentioned that the participants have the rights to decide whether they will accept or reject the above mentioned undertaking because according to IPRA they have the prerogative to be asked permission for their verdict. According to him, during that afternoon, they aspire to have a uniformed decision which will be laiddownon their ways or systems of judgment, whether they are in favor in the division or not.Those in attendance and constituting a quorum on that afternoon were:Present: 28 Subanos with their known leaders in their respective countiesAbsent: 22 absenteesOthers Present:NoneAccording to EngrIsaw, they wouldnt be able to show any records regarding the census of Subanen. From the previous meeting last March 8 9 there were 50 who attended, more than a half who attended today. Engr. Isaw asked if it does mean that they have to continue or not, the decision lies on their hands. He made it known that their office did not lack the dissemination of information to each county representatives during the previous gathering regarding the conduction of todays meeting. He elaborated that for the event that they did not lack on the information dissemination, with this fact,they were aware that it was not for the reason that they were uninformed of the meeting that they were absent, but, he accentuated that they all knew that it doesnt mean that because they were absent, their rights of being heard and laying down their rights were being ignored. He highlighted that this is the program of the government, the law of the government, so their rights here were given importance, THATS WHY THEY WERE CONSULTING ALL OF THEMbecause they were given the rights to decide, their rights as a Subano is recognized following Republict Act 8371.They were given the privilege to judge, if it will be beneficial or not. He made it clear that they were not at a lack, for them, they would like to know if they can proceed with the activity for the day. He made it clear that they need the majoritys answer whether they will continue or not. More so, he said that, We, in the NCIP are only tasked to facilitate the program to ask for a certification for this company in your county because no other agency will do it in the tribe or with the Subano in our locality. The NCIP is responsible for this activity to avoid fraud and to get a factual decision, which is its main purpose. Again, he asked if with the number they had, could they could still continue with the consensus building and freedom period because repeatedly, this is the time where they will lay down their decisions. If they will say that they will accept the conduction of the mining project, they will take into consideration their conditions, what they will demand or request from miners of the said company that will conduct the mining project on their vicinity. If they will not agree, he asked to speak out the reasons because the next meeting would entail decision making, seeing the Council of Elders whom they consider in the previous meeting the one who will face the applicant or the company. If they will say, Mr. Applicant we ignore yourintention,so, reasons must be presented in order that he can be given the chance to answer their concerns or he will be given a opportunity to explain in addition what their reasons for denying are because the applicant might be able to answer these concerns so you will be contented or accept other ways. On the other hand, if they will accept the project, they will present their demands; what they want to happen or what they want to receive. The presentation will ensue; here, the agreement with the Council of Elders will happen. With this regard they wish that this is what will really occur that is why this day marks a great importance.

Motion by Engr. IsawMove that the conduction of consensus building and freedom period will continue.

Seconded and passed without dissent by the attendees.Engr. Isaw cleared if the participants are really amenable with the motion; he was able to get a positive response, OK. He had a brief traceon their March 11 gathering, in which their rights were clearly stated in the discussion they have heard taken from Republic Act 8371that mentioned their rights as a Subano, more so, he said that they have the rights to determine their wants and needs inside their land or inside the community. They have the rights to hope for the best for their next generations to come in one way or another, they have their rights with their inherited land even if they do not have the title, it is known as a native title from the lands that have been passed on to them by their elders, called ancestral land, taking into account their residency and ownership of the ancestral lands; we are the only one who knows and have the right to say that this is our ancestral land because according to the law, knowing one self is the basis of ancestral land and ancestral domain, you are self delimited to know who you are. Next, it mentioned about the EPIC process that is called Pre and Prior Informed Consent Process which means asking permission to them, if all the projects that enters their ancestral domain needs approval in all Subanos residing inside the ancestral domain. They need to know, they need to be informed, and their approval will be asked first. Whether they are agreeable or not, this is the process. The NCIP will be the one responsible as mandated by law to explain why only Subanos are being consulted, because what we are implementing are the rights of the Subanos emphasized on Republic Act 8371, which is why the Bisayas wouldnt be mahiubosbecause it has always been said that they are only the ones to be asked and that their rights are being looked up, protected and safeguardedinside the ancestral domain for the Subanos not to be mahiubos. So, subsequently, it will be laid down to our office or the office of the government - bureau of mines and science that before the operation to initiate the project. There will be a discussion regarding the benefits in the extraction of the mines, they will have their share, they will also be protected from any possible destruction and also, the office entrusted that according to the guidelines there will be measures to counter against it and funds allotted for any calamity that will happen as a result of the operation, the funds will be intended for the treatment or will be used by the individual affected on the operation especially with their health problems or damages on their houses that are sometimes inevitable. More so, they also said that it is in the law that there will be developments and infrastructure; they will also endow public services including education, improvements on the barren land by having nursery or any other means that they will be amenable with the project but in the time that they will start demolishing the land, the MGB and the company mentioned that both did not differ on what they said to the office of the government, the mines and geoscience bureau about asking consent first and having no movement initiated without prior notice, because according to them the company will just follow in all the rules there is from the mines and geoscience guidelines in conducting the mining project in which they are obligated to accomplish. The applicants stated that they will prioritize to hire Subanos to be their workers, as mentioned wholly during the previous gathering. They saw and they can make this as basis if they will agree or not in their discussion. In this event, they will be given time to reflect on the last meeting in the (CCA) Consultative Community Assembly. Thus, Engr. Isaw mentioned that it wouldnt be difficult for them to have their possible decision because he was able to relay the quick overview on the last meeting. To open the floor with todays meeting and discussion on the purpose of the mining project, he introduced their legal officer MarifeAgaluno. Furthermore, he said that in the NCIP they will also look upon their opinions and what they want to be implemented in the (MOA) Memorandum of Agreement. Since this MOA is a requirement for the guidelines, if they will permit the execution of the project they need to complete it including their demands from their rights. However, according to Engr. Isaw, in the NCIP they are just there to give them the idea if they will approve what is inside the MOA and what to look over for what is lacking. As reiterated, they do not have the right to teach or dictate perhaps they will just facilitate on their own decisions.After the Engr. Isaws discussion, he turned over the floor to Ms. MarifeAgaluno who will facilitate the consensus building process. Ms MarifeAgalunoA pleasant afternoon to all of us, before we start with the meeting this afternoon in which we will proceed with your decision making, we would like to ask who among youwill be the presiding officer because this activity is intended for you. We, in the NCIP are just there to facilitate and document the happenings during the activity today, this is why you have to decide and choose who will be in charge to preside with your meeting today. It would be good if the presiding officer will stand. Participants and NCIP Members had a short conversation MsMarifeAgalunoThe person they will choose will be their spokesperson.What did others say? The AttendeesSir Rico?

MsMarifeAgalunoWho will head your meeting today? The AttendeesRico?

MsMarifeAgalunoFrom what you have said that the presiding officer, it was agreed by the majority that you will allow TIMUAY RICKY ANGGUTAN. Now, I will turn over the microphone to him so that he will be the one to let you understand or will be the presiding officer in the consensus that you will be having. Timuay Ricky AnggutanThank you Maam Marife! Since this is now the consensus building and freedom period, here, we have to speak out concerns especially the negative reactions that we have heard from outside. With the presence of the national government, NCIP under the supervision of the office of the president, what we are doing is all legal and there is no illegal doings that we have in all of this. We have footage so we can be in the internet, we can also be seen in the United Nations in what we are making today, that we are under the mango tree..hahaha We will be seen in other countries though. Based on the order of the majority, I was given the authority to be presiding officer. Lets not keep this long anymore; we will now come to the agreement. Previously in the meeting, we admit that we have already accepted the mining project because we have already heard about what they havediscussedfrom the MGB during the NCIPs discussion and with the proponents of the company. Now, that we have already accepted the mining project. It is not only my voice but the voice from all of us with the council of elders that are here today. Let us help each other to decide what we will be asking for if mining operation will be implemented, we also have to enumerate one by one what are our demands. MsMarifeAgalunoSo, does this mean that all of you already agree?

Timuay Ricky AnggutanYes! I will make it clear to all of you here, if we all do agree? If all else agree please raise your hand, otherwise if not, please do also raise your hands and speak out your concerns. Again, do we all agree?

ParticipantsAs what I have heard from some participants at the back, they will not agree because their carabaos might be affected and all other resources they have.

Timuay Ricky AnggutanThis is the reason why previously we have to let them talk. Its like others are being influenced, but in general as what I have observed, we are amenable with the mining project. Again, let me ask you. Do we all agree? Please do raise your hand if we all do agree. (Majority raised their hands)

Ok, the majority is amenable because this is not only for our own good but for social development. Now, let us talk first about our demands and then talking about the benefits will follow. MsMarifeAgalunoThe primary benefit you will get from the mining operation is the royalty fees. In the mining act, royalty fees are 1 % mandatory in the annual growth income. The second benefit you will get is the educational assistance program, IPs students that are going to school have livelihood project. This is one thing that you can demand to the company. It can also be included in the MOA. Infastructures like health centers, schools and roads will post another benefit for you. You can also demand water system in your MOA. Moreover, aside from the social development and management program you can also demand other than that. Timuay Ricky AnggutanMaam how about for the kids, like for example the daycare centers? Can it also be a benefit? MsMarifeAgalunoYes, that can also be one of the infrastructures. If you demand please categorize if its big or small center.

Timuay Ricky AnggutanHow about a playground in the daycare center maam?

MsMarifeAgalunoIt depends on you and thats one. You can also demand for tribal hall or the construction of the tribal in where all of you will gather. This can be one way to preserve your culture. In the employment services,before seeking for laborers or man power services IPs are given priority in the area. In the individual properties that have damages, they can also be in demand or in the property inside the ancestral domain because it is included in the mining act. If damages are there, ss long as its a titled property then it is mandated in the act that they will pay the damages caused by mining operation so with the exact compensation.

Timuay: According to timuay we should ask what we wanted from them because probably we have something that we miss to ask or to discuss just like what they mentioned about the medication and the educational assistance they told us. Maybe theres someone that have something to suggest for us to recognize them: Is there? So now, can we start talking for our demands, or maybe lets start to share our thoughts about this matter.

Council of Elders.

Timuay Warlito Luay: Good afternoon everybody, I am complaining about this meeting, I know maybe that is now late in the afternoon and I hope you would understand, I have to ask and say something, forgive me if it would take long. I hope that I will be satisfied with your answers. Maybe at this moment I agree about the thought of mining, but Im a bit doubtful, maybe because we dont have any written agreement yet. We are not the one who is profitable here about this negotiation in our area, but, this is my question; if we owners would demand bigger prices for our lands because this mining would cause lifelong destruction to this land? Because if you would base it to this land now, it would retain as this for a lifetime and it would be beneficial for us people. So thats why as the owner of the land I would demand for the right price for the future of my children, not only the things that they promise about the incentives and the infrastructure because this promises can be broken. This is not a negative upbringing in our group now but we should emphasize our rights and arrange the lands that are given to us. Mining is good; I know .but we must wisely think about this. Why? Because this is a big profit as what we have mentioned in our past meeting, thats why they want us to demand what we wanted because they know that if this mining would start they would profit from here. So thats why I am thankful even maybe the contactor is not here with us ,there are still representative here in our government that assist us, for our insights about this projects. Lets talk about what we have mentioned awhile ago. We have mentioned about livelihood programs if this plan of mining would happen this would be vital for us. Another one, we also need transportation. If they would give us those brothers I would ask for maintenance for that. Why? If they would give us a truck for now what will we buy if the tire of that truck will be flat. Who will be the driver? We know that we have to pay the driver brothers and sisters. And I admit that we need this truck in travelling our crops. The thing is, brothers and sisters, I am implying that vital planning is needed about this project. We should not join the plans that we would regret in the future. Though we have still written agreement to be sign from the company. If that they would answer our demands here in our barangay.I really wanted that all people here in our barangay will be benefited not only us subano. As what I have known back then from school, they only made Philippines as there Milking Cow . I foresighted brothers and sisters they only take advantage in our countries gifts. Thank you for this privileges and I hope there would be more infrastructure that will be built. Thank you and I hope you brothers and sisters understand this.

Timuay Ricky: Thank you so much for that. Thats why we do have this Consensus Building. Yes? At least we do have the opportunity to listen to those comments and suggestion from our brothers. He mentioned about the written agreement , and yes its true, we need to sign those first. thats the reason why we should state our wants and demands. just dont exceed to the limitation of payments by the company. Let us ask Engineer Isaw About this matter.

Engineer Isaw: As what I have remembered when the MGB gave those information about the payment you are demanding, if they would not agree on those and if you do not agree with their terms of payments, according to law, the applicant will file espogration proceeding and they would sent it to the court of MGB for the settlements of the demands you ask and if also it is not against the law. You should also prove why are you demanding those payments. Yes your right about what you have just said about why are you claiming those kind of payment so you should have reason for that.S

You should not worry if you would file a case because the applicants will settle that all. The purpose of that case is that you will arrive at the price that is according to law. There must be equality in each side. Yes?

Timuay rico: I just want to know how would they pay us owner of the land with those incentives? How many percent that again?

Engr. Isaw: 25 % of 1% , that is the rule of MGB and it is according to law, that is the payments in the owner of the land. As a whole you would receive 1% of the gross ,they call it as a royalty fee. but you could still negotiate with those payments they will give and that is according to you owner of the land.thas why you should agree on how much will you demand from MBG before you jump to another topic.

Timuay Rico: OK! How many percent will we ask from MGB?

Participants: As per our culture we respected it, We subano called it as BAHAGI because that is sharing, in our culture we ask for about 25%, that is the law of our culture, but I guess the company will ask to lower that down and if that happen we will arrive at a certain amount that still we are contented.

Timuay Rico: Thank you for the suggestions and comment that is given by the owners of the land. This 25% is so big that we people here will become millionaire as I ask how much is the 25% of 1 billion?

Engr Isaw? 250 million that is the 25% of that

Timuay Rico? That is so big , But if the company would grant our request on we will surely be happy, right? But I know they would spend also like to their workers and what so ever expenses they will made in that project.