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THE CURIOUS CASE OF IRRESPONSIBLE MINING:
Examining the Philippine Mining Industry and the role played by Local Environmental Justice
Movements (LEJMs) of Sta. Cruz, Zambales in addressing Irresponsible Mining
as a contemporary struggle in the Philippines
An Undergraduate Thesis
Presented to the Faculty of the
Department of Social Sciences,
College of Arts and Sciences
University of the Philippines, Manila
In Partial Fulfillment
of the Requirements for the
Bachelor’s Degree in Political Science
By
Cyra Katherine D. Canto
2013-49319
May 2017
Canto, C. K. D. | 2
Department of Social Sciences
College of Arts and Sciences
University of the Philippines, Manila
APPROVAL SHEET
In partial fulfillment of the course requirements for the degree of Bachelor of Arts in Political Science, this
undergraduate thesis entitled, “The Curious Case of Irresponsible Mining: Examining the Philippine
Mining Industry and the role played by Local Environmental Justice Movements (LEJMs) of Sta. Cruz,
Zambales in addressing Irresponsible Mining as a contemporary struggle in the Philippines,” is prepared
and presented by Ms. Cyra Katherine D. Canto to the Political Science Program under the Department of
Social Sciences of the College of Arts and Sciences – University of the Philippines, Manila.
This seminar paper is hereby accepted and approved in partial fulfillment of the requirements for the degree
of Bachelor of Arts in Political Science.
Professor Josefina G. Tayag
Thesis Adviser
Wherefore, this seminar paper entitled, “The Curious Case of Irresponsible Mining: Examining the
Philippine Mining Industry and the role played by Local Environmental Justice Movements (LEJMs) of
Sta. Cruz, Zambales in addressing Irresponsible Mining as a contemporary struggle in the Philippines,”
written by Ms. Cyra Katherine D. Canto is hereby accepted and approved in partial fulfillment of the
requirements for the degree of Bachelor of Arts in Political Science.
Professor Jerome A. Ong
Chairperson – Department of Social Sciences
Canto, C. K. D. | 3
ACKNOWLEDGEMENTS
Firstly, I would like to thank the Heavenly Father for standing by me in the four years I have spent
in college. The UP Manila experience was all worthwhile because of Your grace and guidance. Thank you,
God, for instilling love and a sense of service in me.
To my family – Mom, Dad, Bryan – thank you. Thank you for providing me with all the love and
support you could give. Thank you for being so understanding during those busy days of thesis-writing.
You will always be my rock and foundation as I try to be stronger everyday in facing and conquering the
tides of life. I offer to you the honor of finishing this scholarly work.
I would also want to express my deepest, heartfelt gratitude to Ninang Jovy, Mama Norms, Ate
Nikki, and Raphael. Thank you for being my second home. I share this success with you as I would not be
where I am today if not for your love and generosity.
Of course, I would also want to thank my college crowd – the #TeamRamota, Wednesday Crew,
Pokercia, my Block 3 babies, my co-FBCs, my POLIS family, and CYA. I will always be grateful for you
as you added so much color to my life and have helped me become a better version of myself.
Special mention to #TeamRamota / PPuff – Majoy and AJ. Our group will always be my favorite
trio. Thank you for being each other’s support system. I honestly didn’t expect that I will be finding my
soul sisters during my last year in UP. Here’s to more #TitaMoments and foodtrips!
To the Wednesday Crew (turned CYA brothers and sisters) – Genry, Macy, Dea, Jah, Kyle, Oscar,
Matt, – I am very much thankful to the universe for conspiring the world and allowing us to be classmates
in Political Science 171. “Happy Wednesdays” will always be my happiest memory of you, guys. Thank
you for the friendship we share and for opening your lives to the crew. Thank for the constant push in life!
To my UP Political Science Society (UP POLIS) family, thank you for letting me grow in the
organization. I am sure that this character development that I have gone through was partly because of you.
The roles I have undertaken in UP POLIS made me the leader I am now.
Canto, C. K. D. | 4
To Christ’s Youth in Action (CYA), thank you for accepting me and welcoming me with open
arms. Here’s a shoutout to Macy for inviting me to be part of this loving family. Through CYA, I have
become more committed to service and to achieving my dreams. Special thanks to Kuya Peter, Mella, Ate
Flo, Kuya Jarold, Monica, Biboy, Ate Mich, Kuya Niño, Jette, Raymond, and Jorem.
I would also want to thank the Center for Environmental Concerns – Philippines for accepting me
as your intern for the months of June and July, 2017. Not only were I able to gain knowledge on the
environmental situation of the country through a socio-political and economic lens, but I have also been
able to develop a special kind of relationship to the people of Sta. Cruz, Zambales because of the field
experience. Thank you to the national office team – Ate Lia, Kuya Ryan, Kuya Ara, and Julius, – and to
the Zambales team – Ate Meggie, Kuya Efraim, Ate Sheena, and Sedrick. You made realize that
environmental justice, being primarily linked to social justice must, together, be struggled on by a united
Filipino nation.
I express my sincerest gratitude to the people of Sta. Cruz and to the selected members of local
people’s organizations who entertained my questions during the interviews conducted. Thank you for all
the patience and the time you granted me. To Nanay Tita, to my Nanay’s and Tatay’s in Sta. Cruz, and to
all residents who are persistently fighting for their environment and for the life of their local community, I
dedicate this to you. Your boldness in the anti-mining struggle inspired me to write and finish this
undergraduate thesis. This is all for you. Always know that Sta. Cruz will always have a special place in
my heart.
To the experts I interviewed for this study – Dr. Molino, Ms. Meggie, Mr. Karl, Congressman
Zarate, Ms. Norie, and Mr. Jaybee, – thank you for sharing your wisdom and knowledge regarding the issue
of irresponsible mining. Indeed, the environmental problem must be addressed with a sense of urgency for
the Philippine environment is in great peril now more than ever.
Canto, C. K. D. | 5
To my dearest thesis adviser, Professor Tayag, thank you for the 100% support you have given me
from the beginning until the very end of the semester. Thank you for believing in me, for seeing my
potential, and for motivating me to finally, finally finish my thesis. I am truly grateful for the bonus
motherly love and care that we receive from you every now and then.
To my favorite professors – Professor Ramota, Professor Ponsaran, Professor Advincula, and
Professor Estrella, – thank you for being the most passionate instructors I ever had. Rest assured that all the
knowledge you imparted shall be used to serve the Filipino people for the betterment of our nation. As you
have inspirited in me the true value of “Tatak UP,” you will then always be my modern academe heroes.
To the University of the Philippines, Manila, what-a-journey! Four years – four zealous years of
studying and fighting for our beloved Philippines. To be an Iskolar ng Bayan is both an honor and privilege.
I am in deep awe of how fast those four years of learning have been, realizing that I am about to leave the
halls of Rizal and Andres Bonifacio soon and embark on a new journey for the life that is ahead of me.
Lastly, to the Filipino people, to the masses – the marginalized and oppressed, – you are the very
reason why being a Filipino and a UP student made a whole lot of sense to me. This undergraduate thesis
is for you. I dedicate my life to you, Philippines, and I will never give up on you, for I am Cyra Katherine
D. Canto, an Iskolar ng Bayan, Para sa Bayan.
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 6
ABSTRACT
The research study covers the state of the Philippine mining industry and how the Philippine Mining
Act of 1995 serve as the principal law which provides the legal framework for the mining sector. As the
domestic mining industry presently directs itself towards further liberalization, the study then explores the
implications of the mining activity to the Philippine environment and to the Filipino populace. With the rise
of the environmental and social phenomenon of “irresponsible mining,” the research discovered that local
resistance was then made manifest through the formation of Local Environmental Justice Movements
(LEJMs). By popularizing these modern-day social movements, greater citizen engagement in the aspect
of public policy-making is then expected. In the research, a case study of the mining situation of Sta. Cruz,
Zambales was given focus to examine how Sta. Cruz LEJMs had become the voice of the oppressed local
mining community in the political arena. The mining saga of Sta. Cruz is an appeal to the public sector to
assess the Philippine mining industry and its ramifications to the environment and the people at large. The
call for an alternative mining framework that is committed to sustainable development and to the national
interest is then upheld as this study’s paramount aim.
Keywords: Irresponsible Mining, Environmental Justice, Local Environmental Justice Movement,
Philippine mining industry, local mining community, Philippine Mining Act of 1995, Financial or Technical
Assistance Agreement, Mineral Agreement, national industrialization, national interest
The Curious Case of Irresponsible Mining
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TABLE OF CONTENTS
Approval Sheet ............................................................................................................................................ 2
Acknowledgements ..................................................................................................................................... 3
Abstract ........................................................................................................................................................ 6
List of Tables and Figures .......................................................................................................................... 9
CHAPTER I: Introduction ...................................................................................................................... 10
Introduction ............................................................................................................................................. 10
Research Question................................................................................................................................... 11
Tentative Answer .................................................................................................................................... 11
Research Objectives ................................................................................................................................ 12
Review of Related Literature .................................................................................................................. 13
History of Philippine Mining ............................................................................................................. 13
Mining and the Environment ............................................................................................................. 14
CSOs and the Philippine Mining Industry ......................................................................................... 17
Globalization and Philippine Mining ................................................................................................. 20
Synthesis and Gaps ............................................................................................................................. 20
Situationer ............................................................................................................................................... 22
Theoretical Framework ........................................................................................................................... 24
Conceptual Framework ........................................................................................................................... 28
Definition of Terms and Operationalization ........................................................................................... 31
Research Design ...................................................................................................................................... 35
Method for Data Analysis ....................................................................................................................... 37
Ethical Aspect of the Research ............................................................................................................... 38
Scope and Limitation .............................................................................................................................. 38
Relevance of the Study ........................................................................................................................... 39
Matrix and Methodology ........................................................................................................................ 40
CHAPTER II: The Philippine Mining Industry .................................................................................... 43
The Richness of Philippines’ Mineral Reserves ..................................................................................... 43
How the Mining Industry operates .......................................................................................................... 45
Mining Industry’s contribution to the National Economy ...................................................................... 46
The Philippine Mining Industry and the Labor Sector ............................................................................ 53
CHAPTER III: Philippine Mining Act of 1995 and the Liberalization of the Mining Industry ....... 55
Historical Background of Philippine Mining Laws and Policies ............................................................ 55
The Philippine Mining Act of 1995 ........................................................................................................ 57
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On the Constitutionality of Philippine Mining Act of 1995.................................................................... 59
Assessing the Philippine Mining Act of 1995 ......................................................................................... 61
CHAPTER IV: The State of “Irresponsible” Mining in Sta. Cruz, Zambales.................................... 65
Overview of the Sta. Cruz Mining Saga ................................................................................................. 65
The “Irresponsible State of Mining” according to Locals and Experts ................................................... 66
Irresponsible Mining negatively impacts Human Life ....................................................................... 66
Irresponsible Mining engenders Environmental Degradation ............................................................ 68
Irresponsible Mining aggravates Agriculture-based Livelihood......................................................... 70
Irresponsible Mining is Profit-oriented and has No Benefit to the Community ................................. 71
CHAPTER V: The Role of Local Environmental Justice Movements (LEJMs) of Sta. Cruz ........... 73
Timeline of the Sta. Cruz Anti-Mining Struggle .................................................................................... 73
Forms of LEJMs executed by Sta. Cruz Residents ................................................................................. 74
Mass Demonstrations .......................................................................................................................... 74
Popularizing the Environmental Issue ................................................................................................ 76
Examining the impact of Sta. Cruz LEJMS at the Local and National levels ........................................ 77
Impact of LEJMs to the Local Level .................................................................................................. 77
Impact of LEJMs to the National Level .............................................................................................. 77
Legal Measures taken against Large-scale Mining in Sta. Cruz ............................................................. 78
CHAPTER VI: Summary and Analysis.................................................................................................. 81
Summary ................................................................................................................................................. 81
Analysis ................................................................................................................................................... 82
CHAPTER VII: Conclusion and Recommendations ............................................................................. 83
Conclusion .............................................................................................................................................. 83
Recommendations ................................................................................................................................... 85
Increased Support for LEJM and its Advocacy .................................................................................. 85
Enact an Alternative Mining Law ....................................................................................................... 86
Synthesis ................................................................................................................................................. 87
References .................................................................................................................................................. 88
Appendix A: KII and FGD Guide ........................................................................................................... 93
Appendix B: Qualitative Data Presentation ........................................................................................... 96
Appendix C: Informed Consent Form .................................................................................................. 130
The Curious Case of Irresponsible Mining
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LIST OF TABLES AND FIGURES
Table Page
1 Matrix of Methodology ............................................................................................................................ 40
2 Philippine Mineral Production ................................................................................................................. 44
3 Contribution to Philippine GDP ............................................................................................................... 47
4 Gross Production Value in Mining .......................................................................................................... 49
5 Total Collection of Mining taxes, fees, and royalties .............................................................................. 51
Figure Page
1 Philippine Mining Industry’s Contribution to GDP ................................................................................. 48
2 Gross Production Value in Mining .......................................................................................................... 50
3 Total Gross Production Value in Mining ................................................................................................. 50
4 Total Collection of Mining taxes, fees, and royalties ............................................................................. 52
The Curious Case of Irresponsible Mining
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CHAPTER I: INTRODUCTION
Introduction
“Irresponsible mining” as an emerging phenomenon has not only engendered ecological instability
for the Philippine state of environment but has also prompted social risks for the Filipino populace and local
communities. As a country endowed with rich natural resources, the Philippines has one of the world’s
most productive mineral sector given the vastness of its mineral-rich lands. At present, it was reported that
the high geological activity of the country propelled it to be a leading producer of gold, nickel, copper,
chromite, and other mineral reserves.
With the domestic mining industry being expansively developed, it may be assumed that the
eventual legislation of Republic Act No. 7942, also known as the “Philippine Mining Act of 1995” is one
anticipated event. Under the aforementioned law, the Philippines has liberalized the mining industry by
allowing foreign investments and ownership. Throughout time, the Philippine Mining Act of 1995 has been
questioned by several groups for its disadvantageous dimension. The law’s tolerance of the destructive
measures of mining activity and its ecological and social consequences then induced “irresponsible mining”
to be viewed as a pressing challenge in a third world country like the Philippines.
Widely evident in several local mining communities in provinces, irresponsible mining has been
perceived as a struggle for the immediate recipients of the its hazards. The specific case of Santa Cruz,
Zambales is one which exhibits the detriment of the mining activity in their municipality. In effect, local
environmental justice movements (LEJMs) were then organized and employed by Sta. Cruz residents to
attend to the urgent need of addressing the local problem. If not for the citizen action of campaigning against
the environmentally-destructive activity, the issue of irresponsible mining would not have been elevated to
the national level. By looking through the lens of LEJMs, the study then aims to examine the movement’s
political implications to government response and citizen participation in the policy-making process. In
fostering a more powerful and engaging kind of social movement, the advocacy for a pro-people and
environment-sensitive alternative mining law shall then be amplified to a greater degree.
The Curious Case of Irresponsible Mining
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Research Question
Core Question: How do Local Environmental Justice Movements (LEJMs) in Sta. Cruz, Zambales reflect
the national environmental struggle on irresponsible mining in the Philippines?
Sub-questions:
1. How does the Philippine mining industry’s production capacity contribute to the other sectors?
2. For its several years of implementation, what has been the approach of the Philippine Mining Act
of 1995 (Republic Act No. 7942) to the national interest and development of the country?
3. How does the state of irresponsible mining in Sta. Cruz, Zambales impact the local residents and
the community?
4. What is the role played by Local Environmental Justice Movements (LEJMs) in Sta. Cruz,
Zambales in generating government response to address the Sta. Cruz mining saga and in advancing
the local environmental problem of irresponsible mining to the national level?
5. With the proposed alternative mining bills currently being reviewed in Congress, to what extent
shall the Mining Act of 1995 be abolished and be replaced by a pro-people and environment
sensitive mining law?
Tentative Answer
Through the different forms of LEJMs exhibited by the anti-mining groups of Sta. Cruz, Zambales, it may
be deduced that mass demonstrations and other resistance activities by the local organizations, green
groups, and the religious sector contribute in advancing the struggle against irresponsible mining and pave
the way for the recognition of irresponsible mining as both a local and national environmental concern.
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 12
Research Objectives
General Objective: To examine the impact of Local Environmental Justice Movements (LEJMs) in Sta.
Cruz, Zambales on the attempts made in addressing irresponsible mining as a national environmental
problem in the Philippines.
Specific Objectives:
1. To evaluate the domestic mining industry and its contributions to the other sectors.
2. To assess the nature and orientation of the mining framework set by Republic Act No. 7942 or the
Philippine Mining Act of 1995.
3. To examine the state of mining in Sta. Cruz, Zambales and its impact on the people and the local
community.
4. To analyze the role of LEJMs in the attainment of government response on irresponsible mining in
Sta. Cruz, Zambales and in the advancement of the local environmental problem of irresponsible
mining into that of a national concern.
5. To strengthen the grounds for passing an alternative mining bill which will advocate for a pro-
people and environment-sensitive domestic mining industry.
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 13
Review of Related Literature
History of Philippine Mining
The history of mining in the Philippine islands may be traced back to the country’s pre-colonial
period, during the time when it was only generally classified as a community-based activity which family
groups collectively performed. Sections of a mountain were apportioned to the different clans working
individually or by clusters. Filipino natives, at that time, valued highly the minerals extracted from their
tribal community by using gold, agate stones, and precious stones as ornaments for bodily display
(Corporate Watch, 2010). Historically, only primeval working tools were available for mineral extraction.
Hammers, axes, spades and crowbars, sacks, and torch lamps were the mining tools used by Filipino natives
to search for and quarry mineral deposits. Tujan and Guzman (2002) noted in their book, Globalizing
Philippine Mining Industry, that the country’s early miners were actually from the tribes of Kankana-ey
and the Nabaloi, and as soon as methods of the mining activity were discovered by other regions, the
Surigaonons and Bicolanos then familiarized themselves with the same.
It was during the 1520s when Spanish conquistadores and settlers arrived in the Philippines,
proceeding to their quest for mineral resources and raw materials. Simbulan (2016), in his journal article,
Indigenous Communities’ Resistance to Corporate Mining in the Philippines, stated that following the
Spanish settlement was the enforcement of the Regalian Doctrine which became the legal basis through
which the King of Spain made claims of owning all the lands of the Philippine territory (Simbulan, 2016).
The Spanish law, Inspeccion de Minas, was eventually enacted to commence the wider search for valuable
minerals in the rich archipelagic Philippines islands (Corporate Watch, 2010). As the Spanish colonizers
began their extensive mapping and execution of sporadic surveys, the provinces of “Subuth” (Cebu),
“Bindoro” (Mindoro), “Baguindanao” (Maguindanao), and Masbate were then explored and discovered to
have a proliferation of gold deposits. The islands of Luzon and Mindanao were further traversed in search
of other minerals, but particular provinces, such as those forming part of the Cordilleras, were not conquered
due to the strong resistance of the residing indigenous communities (Tujan & Guzman, 2002).
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 14
After three centuries, it was noticed how the influx of the new colonizers – the Americans – affected
the mineral exploration and management of Philippine resources. Given the western inclination towards
imperialism, a more intensive approach on the mineral extraction activity was observed. With the US now
moving towards the era of industrialization, greater demands for natural resources apparently resulted to
the massive exploitation of its colonies. Similarly, geological and economic survey teams spread throughout
the archipelago in order to maximize the colonial agenda – which is to harvest all valuable resources,
including minerals. In effect, the team produced a databank of the Philippine mineral resources which gave
way to a more systematic administration of the Philippine mining industry. It was also during the American
colonial period when several mining laws were legislated in order to regulate the mining activity, such as
the Mining Law of 1905 and the 1936 Mining Act. In the contemporary times, these mining laws are still
manifested in the presently existing Philippine Mining Act of 1995 which principally regulates all mining
activities in the country (Tujan & Guzman, 2002).
Mining and the Environment
The mining activity has always been perceived as having such high potential of being a contributor
to environmental degradation. In fact, according to a study by IBON in 1997, it was deduced that mining is
often associated with deforestation, slope destabilization, desertification, crop damages, siltation, alteration
of land terrain and the sea floor, increased water turbidity, and air pollution, among others (as cited in Tujan
& Guzman, 2002). It is then assumed that through mining, the Philippines invites grave ecological impacts
which pose severe challenges to the Philippine environment. With this, it is then observed that the following
are some of the most prevalent manifestations of irresponsible mining incidents that have long been
embedded in the eco-political trend of Philippine domestic mining industry: (1) mine waste management,
(2) chemical spillages during transportation accidents, (3) toxic acid mine drainages, (4) loss of biodiversity,
and (5) mine reclamation.
In 2006, a factfinding mission was conducted in the country to investigate on the environmental
and community concerns of Filipinos who are exposed to the mining activities around their living area. The
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 15
team, composed of environmental experts and human rights advocates, reported that the Philippines had
consequently been listed in the United Nations Environmental Programme’s (UNEP) record of being among
the world’s leading countries that often encounters failures in mineral dam tailings and mining management.
The impacts that mining caused to local communities had engendered a difficult situation to the local
residents – specifically in terms of their livelihood, health, and their general state of living. As for the
adverse effects of mining on the Philippine environment, the research included in its documentation several
polluted rivers, damaged coral reefs and mangrove forests, and infertile farming fields, proving that the
mining practices of the Philippines are grounded on an unsustainable mining framework. (Doyle, Wicks &
Nally, 2007).
Types and Cases of “Irresponsible Mining” Accidents in the Philippines
It is a pre-given fact that the mining activity is often faced with the problem of waste management.
An aggregation of mineral tailings comes as a result of the formation of a tailings pond which usually
extends to the open seas and the local community area. One case that renders the problematic issue of mine
spillage was that of the Palawan Quick Silver Mines in 1975. The mining company was held responsible
for the spilling of mercury-laden mine tailings in Palawan that resulted to multiple cases of the Minamata
disease. Several individuals who were residing along the province’s coastal area were found positive of the
dreadful neurological illness that was caused by mercury poisoning (Tujan & Guzman, 2002). In 1996,
Marcropper Mines caused the mine tailing spill in Marinduque which was recorded as one of the most
dreadful toxic waste spillage cases in the country (Raymundo, 2014).
Aside from mine waste management, another dilemma encountered in mining is the probability of
spillages during the delivery of mining chemicals. The transporting of mercury and cyanide requires more
caution to mining truck drivers as on-the-road chemical spillovers have been widely apparent. Another
problem concerning the mining activity is the creation of acid mine drainages. In most cases, Sulphur – an
element found in ores – combines with oxygen and water, thus producing a certain form of acid that
accumulates to form a toxic mine drainage (Bravante & Holden, 2009).
The Curious Case of Irresponsible Mining
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The loss of biodiversity as a result of mining is also one of the most alarming challenges brought
by the mining activity. Since most mining operations entail deforestation and impact the marine ecosystem
due to chemical spillages, it is assumed that there should be a greater regard given to the living organisms
in the area before the signing of a mining permit. Lastly, it was noted that the phase of mine reclamation is
one of the most pressing challenges brought by mining as companies often neglect their responsibilities for
the rehabilitation of mining sites, hence failing to restore the quality of the site’s prior environmental state
(Bravante & Holden, 2009).
Impact on Local Community: How Mining affects Agricultural Livelihood
Land degradation is one of the most crucial effects of mining, especially in agriculture-dependent
mining communities. Moomen and Dewan (2016) in their journal article, Assessing the Spatial
Relationships between Mining and Land Degradation: Evidence from Ghana, posit that mining activities
often result to soil acidification which is unfavorable to farmers as it induces difficulties in irrigational
farming, land grazing, and crop yielding. Moreover, as mining alters the topographical landscape of
agricultural farms, it may be observed how the vegetative cover becomes more exposed, thus leading to
soil erosion. Rivers which are used for irrigation of the farming activity, and as a marine sanctuary for
agricultural fish production also suffer greatly from irresponsible mining. In fact, it was reported that in
1985, the mining operations in Baguio devastated the lower regions of the area with the siltation of the
irrigation canals and paddy fields. The agricultural conditions of neighboring provinces – Pangasinan, La
Union, and Ilocos Sur – have also been at stake during that period. In the Evaluation Committee
Accomplishment Report 1992-1993 by the Mineral Economic Division, MGB, it was reported that the
Agno River in Benguet had suffered the worst of all mining-induced siltation and pollution (as cited in
Tujan & Guzman, 2002).
The Curious Case of Irresponsible Mining
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CSOs and the Philippine Mining Industry
Role of Local Mining Communities in the Anti-Mining Struggle
With the liberalization of the mining industry, it was observed in the contemporary time how
foreign mining companies are much more engrossed in investing in the domestic mining sector, particularly
in the mineral-rich provinces of the Philippines. Simbulan (2016) assumes that in most cases, host
communities of large-scale mining are situated in indigenous areas. Due to this, the Kalipunan ng mga
Katutubong Mamamayan ng Pilipinas, or KATRIBU, was established to unite all indigenous people (IP)
groups in the country in advancing their collective interests, especially that of their right to ancestral
domains.
Aside from KATRIBU being the national federation of Filipino indigenous people, other IP
organizations have also been established in the different regions of the country. In Mindoro, the indigenous
tribe of Mangyans forms a large part of the provincial population. The Nickel Project located in the southern
region has greatly affected the Mangyans’ way of life with the eventual intensification of militarization in
the mining community. With this, the IP group then joined the local alliance, “Unity of Mindoro Against
Foreign Mining.” Another group of indigenous people are the Lumads who reside in the island of
Mindanao. Last September 2015, it was reported that three of the tribe’s leaders had been allegedly killed
by a suspected paramilitary group which was protecting the corporate large-scale mining operations in the
province (Simbulan, 2016).
In 1997, an opposition movement organized by several Igorot women fought against the opening
of six mining sites in Cordillera. This significant event led to inter-tribal cooperation in the province and
the creation of the “Unity Pact of Tribes against mining operation of the Benguet Consolidated Mining”
(Simbulan, 2016). Another corporate mining resistance case was that of the residents of Rapu-Rapu,
Palawan in their struggle to free their province from the environmental destructions done by the mining
activities of Lafayette Philippines, Inc. (LPI). The Rapu-Rapu locals had soon formed the Sagip Isla, Sagip
Kapwa people’s organization which protested against the prevalence of destructive mining operations in
their area (Rico, 2013).
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Involvement of Non-Governmental Organizations and the Church
Civil Society has played a significant role in bridging the gap between the people and the state
actors. In the Philippines, Holden (2005) posits that there are two distinct dimensions of civil society: (1)
non-governmental organizations (NGO) and (2) the religious sector (Roman Catholic Church). For the case
of mining, it was noted how Legal Rights and Natural Resources Center (LRC) – Kasama Kalikasan, a
Quezon City-based NGO, has worked hand in hand with the Bla’an IPs of Mindanao in the constitutionality
case of the Philippine Mining Act of 1995. As with the Catholic Church’s involvement in issues concerning
social justice, it was reported that Bishop Manguiran of the Diocese of Dipolog, Zamboanga had once
provided a public statement regarding the human rights violations done upon the Subanen tribe by the
Toronto Ventures Inc. – a Canadian mining firm (Holden, 2005). Nevertheless, Simbulan (2016) claims
that aside from NGOs and the Catholic Church, the strength of social movements against corporate mining
in the domestic setting was also even more heightened with the involvement of other strands that compose
the Philippine society, such as farmer associations, students, lawyers and scientists.
CSO’s Strategies and Forms of Resistance against Mining
Host communities of mining activities by multi-national mining corporations are often confronted
with the dilemma of advancing their environmental justice concerns to a higher extent. In time, several
means of resistance were developed by the different sectoral groups in order to obtain remedies in resolving
irresponsible mining. According to Simbulan (2016), the tools of resistance which have been employed
against corporate, large-scale mining in the Philippines over time were as follows:
(1) Research, popularization, documentation, and human rights monitoring of host communities;
(2) Capacity-building for impoverished and marginalized sectors in the locality;
(3) Strong collaboration and link between environmental scientists and the affected communities;
(4) Coordination of legal suits and other cases on the violation of human rights and other relating laws and
statutes;
(5) Formation and maintenance of research group; and
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 19
(6) Active networks between and among the affected locals and their supporting groups – civil society
organizations. Furthermore, the scholar adds that both regional and international solidarity against mining
activities must be sustained in order to elevate the position of social and environmental justice among the
repressed mining communities (Simbulan, 2016).
The Case of Rapu-Rapu, Palawan: Resistance through Collective Action
Rico (2013) studied the case of Rapu-Rapu residents’ opposition on the large-scale mining
activities in the province of Palawan. In 2005, two major mine tailing spillages took place in Rapu-Rapu
which triggered the resistance movements of the local individuals. The formation of the Sagip Isla, Sagip
Kapwa gave way to an increase of awareness among the residents of the province. With the local PO’s
consistent lobbying and organizing, locals have then been more conscious of the environmental impact of
mining activities operating in their area and have been responsive through social action. On December
2007, Sagip Isla, Sagip Kapwa organized a weeklong activity by launching a people’s camp. The event
involved a series of activities in which the community members participated in, such as mass
demonstrations, prayer rallies, forums, and discussions (Rico, 2013). The aforementioned activities are just
some of the means which host communities and concerned civil society groups employ to reinforce their
campaign for environmental justice.
Globalization and Philippine Mining
In today’s contemporary time, the normalization of globalization has been apparent in almost every
part of the world. With the implementation of neo-liberal policies that are principally in favor of developed
states, third world countries, such as the Philippines, then endure the underlying consequences of a
capitalist’s framework. As observed, the manifestations of the present trend of globalization in third world
countries then come in the form of cases of massive land-grabbing, the rapid depletion of natural resources,
devastation of the environment, wholesale displacement of communities, intensified militarization, and
grave human rights violations (Araullo, 2015).
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On the issue of mining, globalization also has been presumed to play an essential role in the “export-
oriented” and “import-dependent” nature of the Philippine mining industry. In fact, Riguera (2004) provides
in a Southeast Asia Research Centre working paper that upon the ratification of the Philippine Mining Act
of 1995, fifty of the largest mining companies in the world then immediately applied for contract
agreements to the now liberalized mining industry. Through neo-liberalization, foreign corporations taking
interest in the potentially mineral-rich lands of the Philippine islands are then granted the same rights on
mineral operations as those of the domestic ones. Under such framework, state intervention is eventually
overshadowed by the private sector’s control over the mining industry. Hence, Araullo (2015), in her
presentation entitled, Neo-Liberal Globalization on Mining, states that the private sector buttresses even
more the liberalization of the industry as it is comprised of both transnational corporations (TNCs) and
local mining firms, therefore bolstering even more profit-maximization tendencies.
Synthesis and Gaps
Synthesis
The mining sector in the Philippines had a long history which even involved the period of
colonization. Since the pre-colonial era, it was already evident how mining took part in the daily lives of
some Filipino tribal communities. It was only until mid-16th century when western colonizers had
transformed the system of the domestic mining industry by imposing laws which were fundamentally
inclined to their country’s interests. As the colonizers expanded their reach in the geological exploration
projects conducted, it was even more proven how rich the Philippines is in terms of mineral resources
availability.
However, the popularity of the mining activity is not generally celebrated by all sectors of the
Philippine community. Mining and environment have always been incompatible, given the ecological
consequences that large-scale mining activities cause. Through the years, several provinces in the country
had been witnesses and victims of these irresponsible mining-related accidents that then induced resistance
at local level and the formation groups and alliances against mining. Eventually, the anti-mining sentiment
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grew stronger in selected regions of the Philippines, manifesting how irresponsible mining has essentially
become both a political and environmental issue that needs to be addressed urgently.
At the time of globalization, the country’s active participation in the global market is viewed as a
threat to the nationalist aspect of the Philippine economy considering its toleration of the export-oriented,
import-dependent framework set by the neo-liberal policies. With this at hand, various industries in the
country have then gradually opened themselves for privatization, deregulation, and foreign-ownership,
hence including the Philippine mining sector. This shift to liberalization was ultimately exhibited in the
area of the mining industry through the implementation of the Philippine Mining Act of 1995 which will
be discussed in the further segments of this research study.
Gaps
As for the gaps observed in the review of related literature, it may be noticed that the literatures
cited failed to cover the efforts done by the Philippine government in dealing with the grievances of anti-
mining groups, both in the past and present time. There was no exposure and portrayal of the role played
by either the national or local government on how it could have addressed the environmental issue of
irresponsible mining before it was even popularized at the contemporary period. For instance, the related
literature only presented data on cases of mining-induced accidents, hence was not able to provide a detailed
review on how the government administered the incidents and penalized the perpetrators of such
environmental crime. The study would have been more comprehensive if it has included state actors in
examining the state of Philippine mining.
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Situationer
Overview of Sta. Cruz, Zambales
According to the Philippine Statistics Authority (2016), Santa Cruz is identified as a first-class
municipality of the province of Zambales, located in Region III – Central Luzon. As of May 2010, the town
was recorded to have a population of 53, 867, 31,098 of whom are registered voters. Despite its distance
from the province’s capital, Iba, Sta. Cruz ranks third in being one of the most populous municipalities in
the Zambales.
There are twenty-five (25) barangays comprising Sta. Cruz, Zambales, and these are the following:
Babuyan, Bangcol, Bayto, Biay, Bolitoc, Bulawon, Canaynayan, Gama, Guinabon, Guisguis, Lipay,
Lomboy, Lucapon North, Lucapon South, Malabago, Naulo, Pagatpat, Pamonoran, Poblacion North,
Poblacion South, Sabang, San Fernando, Tabalong, Tubotubo North, and Tubotubo South Philippine
Statistics Authority (2016). According to a fact-finding mission led by the Center for Environmental
Concerns in 2015, it was noted that majority of the barangays in the municipality have been affected by the
nickel-laden flashfloods brought by Typhoon Lando. The impact of the natural disaster, magnified by
irresponsible mining operations in the area, encouraged the people to unite in their struggle against
irresponsible mining and save their natural environment.
With approximately 3,798 hectares, or more than 8% of Sta. Cruz’ 43,846 ha. total land area, being
dedicated to agricultural work, it is observed that a segment of the municipality’s total population is highly-
dependent on farming and fishing activity which are their primary sources of livelihood. Given this premise,
one draws the reason that the mining operations present in Sta. Cruz then poses a great threat to the way of
life of a major sector of Sta. Cruz granted that mining alters the physical attributes of the natural
environment, making it less conducive to an agriculture-based line of work.
Sta. Cruz, Zambales Mining History
The mining saga of Sta. Cruz started in 2006 with initially two mining companies operating in the
province – the Benguet Nickel Minerals Inc. (BNMI) and the Shangfil Mining and Trading Corporation
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(SMTC) (Molino, 2015). As of 2015, the Center for Environmental Concerns (2015) reports that seven
mining firms are holders of Mineral Production Sharing Agreements (MPSA) which allowed large-scale
mining operations to commence in the local community. Few of the other mining firms that were added to
the list of mining contractors operating in Sta. Cruz are: the Zambales Diversified Minerals Inc.(ZDMC-
DMCI), Eramen Minerals Inc. (EMI), and LNL Archipelago Minerals Inc. (LAMI).
For the six years of large-scale mining operating in the locality, some residents of Sta, Cruz attested
that they have been able to obtain gains from the industry, hence the development of the local term, “katas
ng mina.” In addition, it was noticed that there has been a widespread ownership of motorcycles among the
town dwellers. The selected few locals who have become employees of some operating mining companies
are the ones who have evidently exhibited an elevation of their social standing through the increase of their
material purchases. In an interview with some wives of local miners, it was found that an eight-hour
working scheme provides a daily earning of PhP 370.00 which is actually double the pay that one may
receive from a one-day farm work labor (Ayroso, 2012).
General Impact of Mining to Sta. Cruz community
It was not ong when the people were finally exposed to the ailing situation of their environment.
The peak of the local communities’ realization of the gravity of the repercussions of large-scale mining was
during Typhoon Lando (Typhoon Koppu) in October 2015 and its aftermath. In a fact-finding mission
report by the Center for Environmental Concerns (CEC), Move Now! – Zambales, and St. Michael Parish
(2015), it was discovered that the massive flashfloods experienced during the occurrence of Lando had
engendered massive lumps of red mud. This “pulang lupa,” as what the locals call it, was primarily
comprised of nickel laterites and other mine tailings that came from the mining camps and flushed down
into the community. It covered most of the barangays’ agricultural lands, fishponds and coastlines, and
residential homes.
Evidences show that the mud deposits found in the farm areas and fishing ponds were principally
brought by the floods coming from the following rivers: the Cabaluan River, Sta. Cruz River, and
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Pamalabauan River. The minor sources of flashfloods, on the other hand, are the Gama River and Nayum
River. In conclusion of CEC’s report, the following were the findings produced by the research team:
(1) Mined-out areas along the mountains of Zambales, which now display an altered landscape form, have
lost its natural capacity of water absorption, hence resulting to strong flashfloods rushing to the lower ends
of the community;
(2) Mining companies operating in the province have not established a proper catchment system that would
protect the local community from the hazards of mining;
(3) As there is no proper disposal system for mining wastes, mining sediments, tree-cuts, and logs were
then incorporated into the flashflood;
(4) Government agencies involved failed in the strict implementation of environmental rules and
regulations; and
(5) Two of the mining firms operating in the area lacked data in their submitted EIA (Environmental Impact
Assessment) (CEC et al., 2015).
Theoretical Framework
The area of environmental politics has been gaining attention in both the international and domestic
political discourse at the contemporary period. With the emergence of the climate change phenomenon
operating within the arena of globalization, it may be observed how political scientists and people from the
academe have taken greater interest on the subject. In understanding the case of irresponsible mining and
local environmental justice movements in Sta. Cruz, Zambales, two theories are to be utilized: (1) Paul
Alexander Baran’s Neo-Marxist theory of Dependency, and (2) David Schlosberg’s theory of
Environmental Justice.
Baran’s Neo-Marxist theory of Dependency
As one of the leading proponents of Neo-Marxism, Baran (1957), in his book, “The Political
Economy of Growth,” buttressed the concept of “monopoly capitalism” as being the principal dilemma
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faced by participants of the international economy. With the increasingly high standards of living, first
world countries are then bound to experience overproduction, stagnation, and other economic crises. Kaldor
(1958), in his book review of Baran’s work, elaborates on the matter even more by stating that the advanced
capitalist character of these first world nations inhibits developing and underdeveloped states from attaining
actual development. With wealth accumulation concentrated among the advanced players in the global
arena, the core-periphery relationship, in context of Wallerstein’s World System’s theory, shall then be
maintained. In addition, Baran posits in his theory that backward states are, in fact, portrayed to be operating
under small industrial sectors and large agricultural sectors. From the lens of Marxist class-analysis, the
scholar provides a link between the different segments of the society and their implications to the
management of “economic surplus,” which is done by exhausting third world demands and imposing
profitable investments to them.
Taking Baran’s theory into account, it may be deduced that under the dependency theory
framework, the Philippines, as a satellite, is urged to engage in the neo-liberal and capitalist-designed global
market. However, with the present situation of neo-liberal economic policies continuously being introduced
and implemented in third world states, including the Philippines, it is apparent that greater foreign
intervention and control of domestic industries are planned. Given this condition, it is clearly the case that
the domestic mining industry is destined for further exploitation and diminution by the metropoles’
economic interests if such neo-Marxist dependency framework is sustained. Operating under the legal
parameters of the Mining Act of 1995, the Philippine mining industry explicitly liberalized the mining
sector by granting permission to allow foreign ownership and acquisition of Philippine minerals and lands.
Hence, the challenge that is now posed to the Philippines and other third world states is for them to break
away from the chains of the capitalist-dominated global economic system. In the end, it is averred that the
present environmental struggle against irresponsible mining in the Philippines fundamentally lies beneath
the scope of third world environmentalism, and it takes collective action, through local environmental
justice movements (LEJMs), to attain positive change and results.
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Schlosberg’s theory of Environmental Justice
In addition to Baran’s Neo-Marxist theory of Dependency, David Schlosberg’s theory of
Environmental Justice shall be explored to evaluate the effectiveness of environmental justice movements.
Granted that the “environmental justice movement” is a generally new phenomenon in the subject of social
movements, Schlosberg (2007) then posits that “environmental justice,” at the global discourse, is
principally three-fold: (1) that it is distributive, (2) that it is recognition-based, and (3) that it is
participatory. To expand further, the environmental politics scholar contends that the justice demanded by
the international environmental movements is, in nature, equally distributive of its environmental risks.
However, he also agrees that while inequity has always been an element of distributive justice, social,
cultural, symbolic, and institutional factors need also to be taken into consideration in assessing the
impartiality aspect. In line with this premise, Schlosberg then proceeds to asserting that the lack of
recognition of social differences within the society is assumed to be the cause for the distributive
malfunction of social justice. Magnified by oppression and privilege, degradation and devaluation, social
injustice then places communities at a vulnerable state, disarming them of their capacity for self-
development. To a greater extent, it is the failure of the state and its institutions to recognize the diversity
of individuals of the affected and victimized communities that aggravates the unjust distribution of
environmental justice.
As remedy, it is then proposed that broad citizen participation in the political process must transpire.
Upon the creation and management of an alternative environmental policy, which in the case of Philippine
mining shall be an alternative mining bill, community engagement is then largely advised. However, it must
be upheld that “recognition” is essential in order to advance to the participation phase. Participatory
governance, therefore, is a significant aspect in this regard as it “simultaneously challenges institutionalized
exclusion, a social culture of misrecognition, and current distributional patterns” (Schlosberg, 2007, p. 519).
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Synthesis
To sum, it may be concluded that both theories covered a particular scope of the research study –
irresponsible mining and LEJMs of Sta. Cruz, Zambales. For Baran’s Neo-Marxist theory of Dependency,
it may be derived that the Philippines as a third world participant in the international market system is bound
to be exploited for its natural resources, raw materials, and low-skill, labor-intensive production capacity.
As core or metropolis countries search for other venues for their own market’s profitability, the burden of
overproduction then lies on underdeveloped and developing states. Being the direct victims of the global
plunder of natural resources, third world countries are prevented from attaining national industrialization
and from enjoying the gains of their economic engagement. The capitalist-oriented global market then
makes it impossible for periphery or satellite countries to develop on their own, ergo their sustained
dependence to the existing framework. Hence, it is of paramount importance that the Philippines addresses
the state of the domestic mining industry – which is largely exploitative in nature –and examines the Mining
Act of 1995 for being the legal basis of a neo-liberal mining framework. With regard to Schlosberg’s theory
of Environmental Justice, it is assumed that his proposition on the requisites of “environmental justice”
explicitly applies to the local environmental justice movements of Sta. Cruz. It is contended that since
ecological injustices have always been endured by the local mining communities, hence triggering
community dissent as demonstrated by LEJMs.
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Conceptual Framework
“Irresponsible Mining” has long been occurring in the municipality of Sta. Cruz in Zambales. From
the research study conducted, it was deduced that majority of the interviewed Sta. Cruz residents essentially
view the mining operations in the province as “irresponsible” in its nature of work.
[Diagram 1 about here]
From the diagram provided, the investigator was able to identify the following indicators of
irresponsible mining that are inherently displayed by the Sta. Cruz mining practice:
(1) Lack of multi-sectoral consultations – Interviewed members of particular local organizations argue that
the lack of multi-sectoral consultations denied them of their right to partake in the decision-making process
on the approval of mining operations, given that it may inflict adversities to the local community’s way of
life. A representative of the following basic sectors in Sta. Cruz – men, women, farmers, fisherfolks, the
youth, the elderly, and the religious sect – should have at least been invited during the initial phase of the
mining company’s installation plans.
(2) Violations in mining laws and regulations – Residents of Sta. Cruz, local POs, and several environmental
groups contend the demeaning approach of the mining activity to the natural environment of their province,
[Causes]
Contributory factors to the
prevalence of Irresponsible
Mining:
1. Lack of multi-sectoral
consultations
2. Violations in mining laws and
regulations
3. Lack of transparency regarding
mining permits and agreements
4. Lack of actual reports on
environmental degradation
[Outcomes]
Manifestations of Irresponsible
Mining effects on the Sta. Cruz
local community:
1. Higher vulnerability of local
residents
2. Degradation of the Sta. Cruz’
natural environment
3.Lower crop produce obtained
from agriculture-based livelihood
4. Disregard of the mining
community’s concerns on the social
risks induced by irresponsible
mining
[Effect]
Irresponsible Mining as a “burden”
to the Sta. Cruz local community
and, to a greater extent, be
considered as an environmental
concern in the Philippines.
Irresponsible Mining
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hence are alleging the mining companies for transgressing the environmental rules and regulations that have
been laid out by the laws.
(3) Lack of transparency – The local government of Zambales has not been earnestly transparent with regard
to the revenue obtained from the mining operations in the locality. As a contracting party, the municipality
of Sta. Cruz is expected to be secured with a segment of the mining activity’s profit. However, the absence
of transparency and accountability in the province only inhibited the development of the local community.
(4) Lack of actual reports on environmental degradation – Lastly, it is observed how the lack of publicity
of reports on the environmental situation of Sta. Cruz, Zambales does not aid in raising awareness and a
sense of urgency among the respective government agencies and the private mining firms. By popularizing
the local issue of irresponsible mining, Sta. Cruz could have brought their cause at a higher level.
The prevalence of irresponsible mining in the Zambales province is assumed to have ignited citizen
action in expressing dissent, ergo the formation of local environmental justice movements. Taking into
account the aggravating effects of irresponsible mining, the following conditions are manifestations of the
negative impact of the mining activity to the local community of Sta. Cruz which shall be explored further
in the study:
(1) Higher vulnerability of local residents;
(2) Degradation of the Sta. Cruz’ natural environment;
(3) Lower crop produce obtained from agriculture-based livelihoods; and
(4) Disregard of the mining community’s concerns on social and ecological risks induced by irresponsible
mining.
Granted that the condition of Sta. Cruz, Zambales has largely been exacerbated by the perpetuation
of irresponsible mining activities, the independent variable in the research study shall then be identified as
the local environmental justice movements organized and conducted by local POs, green groups, and
other participating civil society organizations. Through these identified LEJMs, it was observed how citizen
action stimulated reaction from the government. With this, the dependent variable in the research study
shall then be the responses and actions taken by the local and national government. It shall be noted
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that what the Sta. Cruz LEJMs aspire and call for is the total closure of all mining sites in the province and
the recognition of irresponsible mining as an environmental concern in the Philippines.
[Diagram 2 about here]
[Contributory Factors]
Forms of Local Environmental
Justice Movements (LEJMs):
1. Mass demonstrations
2. Popularizing the environmental
issue
3. Formation of alliances and
networks
4. Further research and
investigation
5. Documentation and filing of
reports to government agencies
[Outcomes]
1. Assess the current framework of
the domestic mining industry.
2. Review all permits, contracts, and
agreements involving mining
operations in the Philippine setting.
3. Reform or abolish the Philippine
Mining Act of 1995.
4. Enact an alternative mining law.
[Desirable Effect]
End the “irresponsible mining saga”
in Sta. Cruz, Zambales and,
ultimately, advance the
environmental concern to the
national level.
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Definition of Terms and Operationalization
1. Irresponsible Mining
In delineating the concept of “responsible mining,” the definition provided by the United Nations
Development Programme or UNDP (2011) in its policy paper shall be applied. UNDP has specifically
highlighted the drafted Declaration on Responsible Mining in Mongolia which has set a precise and clear
definition of “responsible mining.” According to the Declaration,
Responsible mining is a comprehensive and transparent minerals activity respecting the rights of
all stakeholders, especially of local people; environmentally friendly and free of human impacts;
embracing the best international practices and upholding rule of law whilst generating a sustainable
stream of benefits for Mongolia. (p.3)
Moreover, the Declaration had also postulated the criteria and requisites of a responsible mining activity.
The 8 Principles of Responsible Mining state that responsible mining shall: (1) ensure multi-stakeholder
engagement, (2) uphold law and its enforcement, (3) be transparent and open, (4) be sensitive to human and
environmental security, (5) be humane and ethical, (6) ensure fruitful productivity and efficiency, (7) invest
in future development, and (8) be based on advanced and modern technology (United Nations Development
Programme, 2011).
On this matter, the researcher shall then be utilizing the definition and criteria as provided by the
Declaration of Responsible Mining in examining the state of mining in Sta. Cruz, Zambales. It may be
derived that only the concept of “responsible mining” had been explored. In order to operationalize the
concept of “irresponsible mining,” it is then essential to refer to the Declaration’s definition and criteria and
assess if the mining practices in Sta. Cruz, Zambales satisfy, or at least manifest, such standards. Failure to
meet the requisites for responsible mining denotes that the mining practice is operating irresponsibly in the
district. In evaluating the nature of Sta. Cruz mining, statements of environmental and legal experts and
narratives of local residents and community leaders will be primarily considered.
2. Environmental Justice
In operationalizing ‘environmental justice, Bryant (1995) provides a definition of the concept,
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Environmental justice refers to those cultural norms and values, rules, regulations, behaviors,
policies, and decisions to support sustainable communities where people can interact with
confidence that the environment is safe, nurturing, and productive. Environmental justice (EJ) is
served when people can realize their highest potential . . . EJ is supported by decent paying safe
jobs, quality-schools and recreation, decent housing and adequate health-care, democratic decision
making and personal empowerment, and communities free of violence; communities where both
cultural and biological diversity are respected and highly revered, and where “distributed justice’
prevails. (p.6)
As it is contended that environmental justice (EJ) is constituted by those social factors that sustain the
life of a community and the people within it, it is also important to stress on the note that EJ ensures the
general welfare of the community. In line with this reasoning, it is claimed that applying the concept of
environmental justice to the case of Sta. Cruz, Zambales results to the proposition that the enjoyment of
this variation of justice implies opportunities for the community to attain self and social development.
Hence, it is only the case that when “decent paying safe jobs, quality-schools and recreation, decent housing
and adequate health-care, democratic decision making and personal empowerment, and communities free
of violence” are actualized in the Sta. Cruz mining community can it be declared that environmental justice
is present.
3. Environmental Justice Movements
Environmental justice movements are defined as social movements organized by members of indigent
and colored communities who are afflicted by environmentally-destructive projects (Foster, 1998). People’s
organizations and green groups are usually involved in the setting, acting as a catalyst for the achievement
of the collective agenda and interest. As a product of grassroots initiatives, environmental social
movements seek to influence the decision-making processes concerning the ecological issue at hand.
However, in understanding the phenomenon of such type of social movement, it is necessary to first
scrutinize its core and foundation, which is the notion of “environmental justice,” for that matter.
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When applied to the situation of Sta. Cruz, Zambales, environmental justice movements are considered
to be principally localized in nature. Hence, the term “Local Environmental Justice Movements” is
developed to further elaborate the local community’s struggle for environmental justice. It is through the
lens of LEJMs that the case of Sta. Cruz’ irresponsible mining shall be analyzed.
4. Financial or Technical Assistance Agreement (FTAA)
- A contract involving financial or technical assistance for large-scale exploration, development, and
utilization of mineral resources (Revised Implementing Rules and Regulation of R.A. 7942).
- A Financial or Technical Assistance Agreement may be entered into between a Contractor and the
Government for the large-scale exploration, development, and utilization of gold, copper, nickel, chromite,
lead, zinc, and other minerals except for cement raw materials, marble, granite, sand and gravel, and
construction aggregates (Mines and Geosciences Bureau, n.d.).
- A contract involving large-scale mining operations with an investment of not less than $50 million. It
allows the entry of 100% foreign-owned mining corporations who possess the qualifications set forth in the
law and its implementing rules and regulations. This agreement has a term of twenty-five (25) years,
renewable for another twenty-five (25) years (Tujan & Guzman, 2002, p. 81).
5. Mineral Agreement
- Means a contract between the Government and a Contractor, involving Mineral Production Sharing
Agreement, Co-Production Agreement, or Joint Venture Agreement (Revised Implementing Rules and
Regulation of R.A. 7942).
- Grants the contractor the right to conduct mining operations within the contact area for a period of twenty-
five (25) years, renewable for another twenty-five (25) years (Tujan & Guzman, 2002, p. 80).
6. Exploration Permit
- Grants the exclusive rights to the permittee to explore a tract of land based on an approved work program.
If a mineral deposit is delineated and found to be technically and economically feasible to be developed,
the permittee has the right to enter to any type of mining right with the government (Tujan & Guzman,
2002, p. 80).
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7. Environmental Compliance Certificate (ECC)
- Refers to the document issued by the Secretary or the Regional Executive Director certifying that based
on the representations of the proponent and the preparers (the proponent's technical staff or the competent
professional group commissioned by the proponent to prepare the EIS and other related documents), as
reviewed and validated by the Environmental Impact Assessment Review Committee (EIARC), the
proposed project or undertaking will not cause a significant negative environmental impact; that the
proponent has complied with all the requirements of the Environmental Impact Assessment System; and
that the proponent is committed to implement its approved Environmental Management Plan in the
Environmental Impact Statement or mitigation measures in the Initial Environmental Examination (Revised
Implementing Rules and Regulation of R.A. 7942).
- Refers to the document issued by the government agency concerned certifying that the project under
consideration will not bring about an unacceptable environmental impact and that the proponent has
complied with the requirements of the environmental impact statement (R.A. 7942).
8. Environmental Impact Assessment (EIA)
- Refers to the process of predicting the likely environmental consequences of implementing projects or
undertakings and designing appropriate preventive, mitigating and enhancement measures (Revised
Implementing Rules and Regulation of R.A. 7942).
- The document which aims to identify, predict, interpret, and communicate information regarding
changes in environmental quality associated with a proposed project, and which examines the range of
alternatives for the objectives of the proposal and their impact on the environment (R.A. 7942).
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Research Design
The selected research design to be applied in the investigation is a Case Study. Since the researcher
would want to focus on the Sta. Cruz community’s reaction on the local mining situation and on the impact
of irresponsible mining activity to the area, it would be appropriate to perform an in-depth study of the
community’s case to test if the observed phenomenon of local environmental justice movements generates
a response from both the local and national governments.
Given that the research study is qualitative in nature, the data collection tools that were utilized are:
(1) interview questionnaires, (2) FGD questionnaires, (3) audio recorder, (4) camera, and (5) notebook. The
research study requires two modes for data collection, one is through primary sources, and the other through
secondary sources. For the data gathering process of primary sources, it is important to note that the
following methods were employed: (1) Key Informant Interviews (KIIs), (2) Focus Group Discussion
(FGD), and (3) participant observation. Since the target site of the study is Santa Cruz, Zambales, its target
respondents for subject and gatekeeper interviews would then comprise of:
(1) Ordinary residents of the municipality – members and non-members of a local people’s organization
(PO); and
(2) Local leaders in the community (barangay kagawad).
The participants of the research study ought to meet the Inclusion Criteria for Subjects set by the researcher,
requiring that he/she:
(1) should be a resident of Sta. Cruz, Zambales, and
(2) should be at least 18 years of age or above.
The unit of analysis that employed in the course of study are: (1) Individual – for the fifteen (15) KIIs (2)
Group – for one (1) FGD conducted.
As observed from the conducted field research, it was deduced that there were several local people’s
organizations existing in the municipality of Sta. Cruz, and from here three (3) major alliance groups were
formed – (1) Move Now Zambales (Movement for the Protection of the Environment), (2) CCOS
(Concerned Citizens of Sta. Cruz, Zambales), and (3) Defend (Defender of the Environment for Genuine
The Curious Case of Irresponsible Mining
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Development of Zambales). It was noted that under the Move Now umbrella, the AGAP, SAGIP, and
SAMA-SAGIP local POs have agreed to be alliance members. Particular members of these
organizations have been selected as respondents for the conducted KIIs. The qualitative research tool of
participant observation was utilized in the course of study in order to examine the nature and
approach of the local POs’ capacity and advocacy-building tendencies towards their members.
Aside from members of local POs, the study also covers the perception of ordinary Sta. Cruz’
residents on the issue of irresponsible mining in their province. With this, the researcher has then conducted
one mixed FGD that composed of five (5) participants – three (3) local PO members, and two (2) non-
members – in order to derive a cohesive response regarding the community’s shared and collective stance
on irresponsible mining in their province. In addition, gatekeepers (barangay kagawad) were also
interviewed by the researcher in order to attain a general overview of how the local government units react
and respond on the case at hand.
For expert interviews, the research ensured that there was appropriate representation of the different
disciplines concerned, hence the participation of representatives from the fields of environmental science,
civil society, forensic medicine, and the legislative had been vital in this research study. Essentially, the
experts in environmental science and civil society were the three heads of environmental groups, Center
for Environmental Concerns (CEC), Kalikasan People’s Network for the Environment (Kalikasan-PNE),
and Green Thumb Coalition (GTC). The national coordinator of Alyansa Tigil Mina (ATM) was also
selected as an expert for the study, representing the national advocacy sector of civil society. With regard
to the expert from the forensic medical field, it is noted that the doctor is also the chairperson of CCOS
(Concerned Citizens of Sta. Cruz, Zambales). As for the expert from the legislative branch of government,
the congressman is the former Chairperson of the House Committee on Natural Resources and is one of the
conveners of the proposed People’s Mining Bill.
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Method for Data Analysis
Content Analysis
The researcher analyzed data in both a descriptive and an interpretative manner. Content analysis
is a vital method to organize the collected data into different categories and classifications and to take note
of disparities among the participating respondents. Moreover, content analysis as also applied to relevant
books, journal and news articles, and social media entries that are related to the study.
Narrative Analysis
Narratives of interviewed individuals provided a substantial contribution to the process of
answering the research questions. Experiences and stories of individuals situated in Sta. Cruz were regarded
with high interest as these would portray the community’s first-hand encounters with the prevalence of
irresponsible mining activities in the municipality. The researcher was then expected to devise an apt
framework in analyzing the narratives of the interviewees, given the diversity of their backgrounds and
contexts.
Observation Analysis: People, Setting, Issues, Key Events
Upon the commencement of the immersion in Sta. Cruz, the researcher took note of the observed
behavior, thinking, and way of life of the people in the community. The researcher examined the key areas
in Sta. Cruz, such as the agricultural lands, fishing ports, barangay centers, and common households.
Moreover, the researcher was also critical of the observed key issues and events as these may be linked to
the study’s premise.
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Ethical Aspect of the Research
As the research study was qualitative in form and nature, the primary tools for data collection were
then observed to be key informant interview, focus group discussion, and participant observation. With this
at hand, it is obligatory that all participants of the study shall be provided with informed consent forms to
filled out and submitted back to the researcher so as to fulfill the ethical requirements of the Research Ethics
Board.
All data and information depicted in the research investigation are strictly obtained with consent of
the primary sources and the use of verbatim statements shall not include the name of the interviewee
involved. Sensitive information that may cause probable harm to the name, reputation, or to the individual
in general shall not be disclosed for security purposes. Only data which are relevant to the research study
shall be contained in the thesis.
Scope and Limitation
Scope
The research investigation focused on the ambit by which the domestic mining industry operates,
hence the legal parameters set by the Philippine Mining Act of 1995. At the broader sense, the study
analyzed the longitudinal state of the country’s mining industry and the implications of the mining law to
the other sectors in the country. To further examine the impact of a liberalized Philippine mining industry,
the research provided the case study of Sta. Cruz’s irresponsible mining phenomenon and the local
environmental justice movements carried out by its residents.
Limitation
The research study only covered the mining situation of Sta. Cruz, Zambales, hence was only
limited to the relevant facts and data available from the area. Although there were several other local mining
communities in the Philippines, the selected community is Sta. Cruz as this has been the location by which
the researcher was assigned for community immersion in the past year, 2016. The convenience and
The Curious Case of Irresponsible Mining
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availability of resources – including data – largely contributed to the factors that led to the selection of the
Sta. Cruz mining community. At the most part, the study aimed to raise the awareness on irresponsible
mining in the Philippines by employing the Sta. Cruz mining saga as a reflection of the environmental
struggle faced by other local mining communities in the country.
Relevance of the Study
This study is a significant contribution in addressing the ecological issue of irresponsible mining
which is regarded to be one of the most pressing problems of the contemporary time. By providing a
comprehensive outline of the mining situation of the Philippines, the research investigation was able to
elaborate on the dynamic character of the mining sector. Since the aspect of LEJMs is a generally new area
in the field of environmental politics, the study then contributed to the knowledge vessel of the social
sciences.
In addition, it is believed that the research study is of paramount relevance given the present
condition of the Philippine political climate with respect to the issue on irresponsible mining. It is a point
of fact that the recent rejection of former DENR Secretary Regina Lopez’ appointment for office has been
the greater cause by which people should unite and partake in the anti-mining struggle. The surge of support
for former DENR Secretary Gina Lopez, as expressed by several environmentalists, progressive groups,
local people’s organizations, and residents of mining communities, only proved that the public servant has
been effective in her campaign by reaching a wide range of environmental advocates. The absence of a
legitimate authority who is pro-environment and pro-people then challenges the Filipino populace to be
more committed in seeking for a solution, hence are then enjoined to engage themselves in the struggle for
environmental justice. With this, the research study shall then strive to be a scholarly endeavor, serving as
an academic and research material, that shall suffice the literacy gap of people on the issue at hand.
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Matrix of Methodology
Table 1: Matrix of Methodology
DATA NEEDED
(Research Objectives)
SOURCE HOW ANALYZED ETHICAL ASPECTS
1. Nature of the
Philippine domestic
mining industry
To evaluate the
Philippine domestic
mining industry and its
contributions to the
other sectors.
A. Secondary Materials
- Statistics and data on
Philippine mining
industry
- Books
- Journal articles
- News articles
B. Key Informant
Interview
- Experts
- Search for common
themes/sub-themes
from both primary
sources and secondary
materials, and integrate
insights in order to
generate a
comprehensive
description of the
present state of the
domestic mining
industry.
- Content Analysis:
Analyze the
interviewed
environmental activists’
perceived notions on the
state of the Philippine
mining industry.
- Acknowledge all
borrowed concepts and
insights from secondary
materials.
- Provide informed
consent forms to
interviewees.
2. Assessment of the
Philippine Mining Act
of 1995 (R.A. 7942)
To assess the nature and
orientation of the
mining framework set
A. Secondary Materials
- Copy of R.A. No.
7942 and its IRR
- Research papers
- Books
- Evaluate specific
provisions on the
Philippine Mining Act
of 1995 with the
analysis and framework
provided by research
papers, books, journal
- Acknowledge all
borrowed concepts and
insights from secondary
materials.
- Provide informed
consent forms to
interviewees.
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by Republic Act No.
7942 or the Philippine
Mining Act of 1995.
- Journal articles
- News Articles
B. Key Informant
Interview
- Experts
articles, and news
articles.
3. Narratives of
residents of Sta. Cruz,
Zambales on their
experience of mining in
the province (state and
impact of mining)
To examine the state of
mining in Sta. Cruz,
Zambales and its impact
on the people and the
community.
A. Key Informant
Interview
- Subjects
- Gatekeepers
B. Mixed FGD
- Search for common
themes/sub-themes in
the transcriptions of the
interviews and in notes
during the period of
participant observation.
- Content Analysis:
Analyze perceived
notions of Sta. Cruz
residents regarding the
state of mining in their
locality
- Observation
Analysis: The
researcher shall be
observant of the
behavior, thinking, and
way of life of the
interviewed locals in
the community.
- Provide informed
consent forms to
interviewees.
4. Role of LEJMs in the
advancement of
irresponsible mining as
A. Key Informant
Interview
- Search for common
themes/sub-themes in
the transcriptions of
both the interviews and
- Provide informed
consent forms to
interviewees and FGD
participants.
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a national
environmental concern
To analyze the role of
LEJMs in the attainment
of government response
on irresponsible mining
in Sta. Cruz, Zambales
and how these advance
the local environmental
problem of irresponsible
mining into that of a
national concern.
- Ordinary locals of Sta.
Cruz, Zambales
- Sta. Cruz locals who
are members of
people’s organizations
(POs)
B. Mixed FGD
the FGD and as well as
from the notes taken in
participant observation.
- Observation Analysis:
The researcher shall be
observant of the local
PO’s behavior,
thinking, and the total
meeting process under
which the
environmental issue is
being tackled.
5. Supporting
arguments for the
passing of an alternative
mining law
To strengthen the
grounds for passing an
alternative mining bill
which will advocate for
a pro-people and
environment-sensitive
domestic mining
industry.
A. Secondary Materials
- Copy of the proposed
People’s Mining Bill
- News articles
B. Key Informant
Interview
- Experts
- Assess the provisions
of the proposed
People’s Mining Bill in
context of the public’s
demands for a pro-
people and
environment-sensitive
domestic mining
industry.
- Acknowledge all
borrowed concepts and
insights from secondary
materials.
- Provide informed
consent forms to
interviewees.
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CHAPTER II:
THE PHILIPPINE MINING INDUSTRY
The Richness of Philippines’ Mineral Reserves
The Philippines has been endowed with an abundance and diversity of natural resources, including
mineral reserves. At present, it may be assumed that the country’s export market is one of the contemporary
time’s most active and ever-growing sectors. In fact, the country was marked as the fifth most mineral-rich
nation in terms of the availability of gold, nickel, copper and chromite. Chavez (2012) further notes that as
for the record, the Philippines holds the position of being the leading producer of copper-gold deposits.
According to a survey in 1997, it was reported that the Philippines is second in the Asia-Pacific region in
the aspect of geological perceptivity (Clark, as cited in Tujan & Guzman, 2002). In terms of gold
production, the country runs second to South Africa. The Philippines ranked third when it comes to copper
deposits, while holding the sixth place in chromite production (Tujan & Guzman, 2002).
In a report by the Philippine Statistics Authority, it was recorded that in 1994, the metallic mineral
reserves of the domestic mineral sector have reached up to 7 billion metric tons, while non-metallic mineral
reserves have largely accumulated up to 50 billion metric tons (Philippine Statistics Authority, n.d.). In
2012, DENR’s Mines and Geosciences Bureau (MGB) stated that as of the present time, around US$840
Billion worth of untapped mineral wealth is available in the Philippines. A total of 30 million hectares of
land areas in the vast plains and mountains of the Philippines are prospected for being a home to metallic
mineral reserves (Chavez, 2012).
It may be observed in the data provided in the table below how the period of the early 1980s became
the peak of Philippine mineral production. As noticed, there has been a relative increase of mineral reserves
made available in the market since 1975. However, it shall also be taken into account how the domestic
mineral production had gradually declined throughout the years as minerals, unlike other renewable
resources, are finite in nature and character. The call to conserve Philippine mineral resources through an
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efficient exploitation system is then largely being promoted at the national level. Alyansa Tigil Mina
national coordinator, Mr. Jaybee Garganera, hence stressed on the need to devise a rational industrialization
plan that would help divert from the regularity and normalcy of the massive exhaustion of the country’s
minerals.
Table 2: Philippine Mineral Production
(in thousand units)
Year Copper QTY
(DMT)
Silver (KG) Nickel (MT) Chromite
(DMT)
Iron (DMT)
1975 821.8 50.4 9.5 520.0 1351.4
1976 857.1 46.0 15.2 431.1 571.0
1977 956.4 50.4 36.8 538.6 0.0
1978 906.9 51.1 29.5 539.9 1.7
1979 1061.5 57.2 33.3 556.1 6.3
1980 1123.9 60.7 47.1 496.1 0.0
1981 1120.4 62.9 29.2 439.2 5.7
1982 1060.7 61.7 19.6 321.1 5.6
1983 1009.3 56.7 13.9 266.9 2.6
1984 860.0 49.0 13.6 259.2 0.0
1985 841.3 52.4 28.2 272.0 0.0
1986 824.9 51.5 12.7 202.2 0.0
1987 817.6 50.8 8.5 188.3 0.0
1988 824.2 54.6 10.4 170.9 6.5/a
1989 743.6 50.6 15.4 269.7 8.2/a
1990 698.2 47.1 15.8 263.3 7.3/a
1991 572.3 39.1 13.7 210.3 4.9/a
1992 491.7 30.9 14.0 112.3 0.0
1993 526.2 31.6 7.6 60.6 0.0
1994 431.1 29.6 9.9 75.9 0.0
1995 399.0 n.d.a n.d.a. n.d.a. n.d.a.
1996 256.5 24.0 8.6 117.9 0.0
1997 188.0 21.0 741.0 98.0 0
1998 178.0 19.0 960.0 42.0 0
1999 151.0 18.0 631.0 17.0 3,159
(Source: Tujan & Guzman, 2002)
*DMT (Dry Metric Ton)
*MT (Metric Ton): 1 MT = 1,000 KG
Given the country’s profusion of mineral resources, there has then been greater focus given to the
further exploration of mineral resources available within the vast lands of the Philippines territory. At
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present, it is assumed that the decline in the mineral production capacity of the domestic mining industry is
due to the 22 years of mineral exploration and exploitation exhausting the Philippine environment. Data
from the MGB provided in its annual report in 2015 that a total of 33,721,460 kilograms worth of metallic
minerals production were generated, whereas in 2016, a total of 25,886,035 kilograms of mineral reserves
had been recorded (Mines and Geosciences Bureau, 2017). A conclusion can be made that the country’s
mineral production has substantially been reduced in time.
How the Mining Industry Operates
The question as to how valid it is to accept that the Philippine mining industry may be called an
“industry” is often posed to examine the nationalist aspect that ought to be embedded in it. In essence, there
are four (4) primary stages of the mining activity: (1) Exploration, (2) Mine Development, (3) Extraction,
and (4) Processing. During the first phase, a prospective mining area is searched thoroughly to confirm the
presence of mineral deposits within the soil ground. Mining tools and equipment are used to determine the
mining capacity of the site. If the preliminary tests were passed, one could then proceed to the next step –
the development of the mining area. Under this stage, appropriate infrastructures and needed facilities are
planned for and installed. The extraction phase eventually takes place, which takes the approach of either
surface/open-pit mining or underground mining (Tujan & Guzman, 2002). Upon finally reaching the point
of processing, it is then generally observed that since the Philippine mining industry is only equipped with
limited resources, it then fails to reach the Refining and Smelting, and Fabrication phases. Having only the
capacity to go through the primary stages, the mining sector is then bounded by its own set of restraints.
With the adversity of attaining its maximum potential being largely evident, there is the urgent need for the
country to nationally industrialize the mining industry.
As mentioned earlier, there are generally two modes of mining in the Philippines, (1) underground
mining and (2) open-pit mining. The Center for Environmental Concerns (1997) discusses that the
underground mining activity is essentially practiced by excavating massive portions of soil that often leads
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to land erosion and subsidence, affecting the proximate water resources (as cited in Tujan & Guzman,
2002). In the Philippines, Philex Mining is widely known for being the mining corporation operating under
this approach. It was noted by Corpuz (1997) that it was during the 1960s when Philex Mining introduced
the method of block caving, which then resulted to the exacerbation of the state of land subsidence in the
mining site (as cited in Tujan & Guzman, 2002). “Sinking communities” have then been prevalent in mining
areas where underground mining practices are evident. The recorded collapse of a part of the Kennon Road
during the 1990s was believed to be associated with the mining operations occurring in the northern
province. There were also several reports regarding the sinking of Mankayan in Benguet, stating in one
Environmental Investigative Mission that some areas of the municipality actually sink at one centimeter a
year (Tujan & Guzman, 2002).
As for open-pit mining, Tujan and Guzman (2002) asserts that this method has the greater capacity
to damage the environment given its means of totally clearing the mining site of any kind of obstruction –
be it a forest, a residential area, or any private or public space that is already built on ground and is operating.
Open-pit mining gets rid of the mountain’s topmost region in order to avail of convenience in conducting
the mining activity. It shall also be noted that this mining method induces greater productivity in terms of
practicality as it requires less labor and lower costs. With this, it has then become apparent that majority of
the applying mining firms wish to operate under an open-pit mining approach to maximize profit by
spending a minimum of its capital resources.
Mining Industry’s contribution to the National Economy
GDP Contribution
Historically, the Philippine mining industry was always deemed to be placed at a critical position
when linked to the national economy. Statistics suggest that since the 1970s until the entry of the 21st
century, the mining sector had only contributed an average of 1.48% to the Philippine economy (Tujan &
Guzman, 2002). In an issue of Mining Journal (2006), the article admits that there has been a relative
The Curious Case of Irresponsible Mining
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decrease of economic gains from mining since the 1980s, and that the decline continued until the end of the
20th century. However, the article stated that in 2002 and 2003, the domestic mining sector thrived its way
up to reach higher earnings, hence the increase in its GDP contribution. Today, the Philippine mining
industry was reported of having contributed only 0.6% to the country’s GDP in 2015, or a total of PhP80.9
Billion, and an initial and tentative share of 0.6% or PhP84.9 Billion for the year of 2016 (Mines and
Geosciences Bureau, 2016, 2017). As Kalikasan People’s Network for Environment contends, it may be
observed how other industrial sectors – those which have been negatively affected by the mining industry
– actually contributed a greater share to the country’s GDP. Dulce (2017) reports that from 2011 to 2015,
the agriculture sector contributes 11.5% of the total GDP, while tourism shares 7.3%.
Table 3: Contribution to Philippine GDP
Year GDP contribution
1998 0.8%
1999 0.6%
2000 0.6%
2001 0.5%
2002 0.6%
2003 0.7%
2004 0.6%
2005 0.6%
2006 0.7%
2007 0.9%
2008 0.7%
2009 0.8%
2010 1.0%
2011 1.0%
2012 0.7%
2013 0.7%
2014 0.7%
2015 0.6%
(Source: Mines and Geosciences Bureau, 2016; 2017)
The Curious Case of Irresponsible Mining
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Figure 1: Philippine Mining Industry’s Contribution to GDP
(Source: Mines and Geosciences Bureau, 2016; 2017)
However, despite the numbers presented by DENR-MGB with regard to the domestic mining
industry’s GDP contributions, in 2012, IBON Foundation claimed in its study that in reality, the gross
value-added (GVA) of the mining sector only amounts to an average of 1% from the 2000 to 2011
timeframe. In addition, it was noted that mining industry’s GVA contribution to the Philippine GDP has
been declining since the 1970s. Hence, with this saying, it is then inferred that the government’s
presumption that the mining sector is a venue for attaining economic prosperity is, in fact, of no certain and
valid basis (Cordillera People’s Alliance, Philippines, 2015).
Gross Production Value in Mining
In terms of the gross production value that is being acquired from the mining activity, a reported
document by the Department of Environment and Natural Resources (DENR) – Mines and Geosciences
0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
1
1.1
in P
erce
nta
ge
Contribution to GDP(according to PSA)
The Curious Case of Irresponsible Mining
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Bureau (MGB) provides that a relative increase in the gross production value in mining has actually been
observed since the implementation of the Philippine Mining Act of 1995. From PhP 33.1 Billion in 1997,
the mining industry’s gross production value rose up to PhP 179.7 Billion in 2015. In addition, it was
recorded that total of 571 mineral agreements were processed by DENR-MGB with various mining
contractors for the year 2015 alone, ergo inducing corporate large-scale mining firms to even more engage
in the domestic mining industry (Mines and Geosciences Bureau, 2017).
Table 4: Gross Production Value in Mining
Year Large-scale
Metallic Mining
Small-scale
Gold Mining
Non-metallic
Mining
TOTAL
1997 P9.1 Billion P4.5 Billion P19.5 Billion P33.1 Billion
1998 P9.0 Billion P7.6 Billion P21.1 Billion P37.1 Billion
1999 P7.6 Billion P6.0 Billion P17.3 Billion P30.9 Billion
2000 P9.2 Billion P8.3 Billion P13.5 Billion P31.0 Billion
2001 P7.8 Billion P10.0 Billion P11.2 Billion P29.0 Billion
2002 P6.7 Billion P14.3 Billion P14.2 Billion P35.2 Billion
2003 P7.5 Billion P19.9 Billion P13.7 Billion P41.1 Billion
2004 P8.0 Billion P21.5 Billion P13.9 Billion P43.3 Billion
2005 P13.2 Billion P24.2 Billion P12.8 Billion P50.2 Billion
2006 P27.0 Billion P28.2 Billion P17.0 Billion P72.2 Billion
2007 P49.2 Billion P32.2 Billion P20.8 Billion P102.2 Billion
2008 P29.7 Billion P33.9 Billion P23.5 Billion P87.1 Billion
2009 P42.8 Billion P36.8 Billion P26.5 Billion P106.1 Billion
2010 P63.0 Billion P48.9 Billion P33.3 Billion P145.2 Billion
2011 P88.5 Billion P34.6 Billion P41.1 Billion P164.2 Billion
2012 P96.9 Billion P2.3 Billion P45.6 Billion P144.8 Billion
2013 P98.2 Billion P1.1 Billion P57.8 Billion P157.1 Billion
2014 P141.1 Billion P1.0 Billion P66.1 Billion P208.2 Billion
2015 P109.4 Billion P0.8 Billion P69.5 Billion P179.7 Billion
(Source: Mines and Geosciences Bureau, 2016; 2017)
The Curious Case of Irresponsible Mining
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Figure 2: Gross Production Value in Mining
(Source: Mines and Geosciences Bureau, 2016; 2017
Figure 3: Total Gross Production Value from Mining
(Source: Mines and Geosciences Bureau, 2016; 2017)
0
20
40
60
80
100
120
140
160
in B
illio
n P
eso
s
Gross Production Value in Mining(per mining sector)
Large-scale Metallic Mining Small-scale Gold Mining Non-metallic Mining
0
50
100
150
200
250
in B
illio
n P
eso
s
Total Gross Producion Value from Mining
The Curious Case of Irresponsible Mining
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Revenue collection from Mining
Revenues from mining are primarily obtained through different forms, such as taxes, fees and
royalties (Mining Journal, 2006). According to Guzman and Tujan (2002), it was 1991 when the domestic
mining industry reached its highest mining tax collection, accumulating up to a total of PhP810 million, as
compared to the PhP31 million mining tax earnings from the previous year. The latest data available is for
the year 2015 in which a total of PhP29.5 Billion was gained from the mining sector. This comprised of the
PhP1,692.8 million worth of fees, charges and royalties collected by DENR-MGB with PhP2,079 million
coming from the collected excise tax by the BIR, PhP23,0755 million from the taxes collected by national
government agencies, and PhP2,728.4 million from the taxes, fees, and charges collected by LGUs (Mines
and Geosciences Bureau, 2017).
Table 5: Total Collection of Mining taxes, fees, and royalties
Year Mining Collection
1998 P1,074.00 Billion
1999 P1,476.40 Billion
2000 P1,725.70 Billion
2001 P982.10 Billion
2002 P1,390.70 Billion
2003 P1,501.10 Billion
2004 P3,480.20 Billion
2005 P5,648.70 Billion
2006 P6,389.90 Billion
2007 P10,447.60 Billion
2008 P7,689.40 Billion
2009 P12,696.00 Billion
2010 P12,412.80 Billion
2011 P22,899.40 Billion
2012 P20,665.50 Billion
2013 P24,394.00 Billion
The Curious Case of Irresponsible Mining
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2014 P32,755.30 Billion
2015 P29,575.90 Billion
(Source: Mines and Geosciences Bureau, 2016; 2017)
Figure 4: Total Collection of Mining taxes, fees, and royalties
(Source: Mines and Geosciences Bureau, 2016; 2017)
Economic Gains and the Mining Communities
According to a study by the Center for Environmental Concerns (2011), majority of mining
communities are in fact struggling economically notwithstanding the assurance of greater employment
opportunities and development projects for mining communities. Despite the domestic mining industry’s
claims on its significant contributions to the national economy, labor sector, and local government revenues,
one primary aspect that must be pondered on is that of the local communities in which the mining sites are
situated into, being the direct receiver of the environmental and social impacts that the activity may cause.
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
in M
illio
n P
eso
s
Total Collection of Mining taxes, fees, and royalties
The Curious Case of Irresponsible Mining
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According to IBON Foundation, the expected improvements of local mining communities due to the
assumed increase of LGU funding does not, in truth, actualize in the physical setting. One case cited was
that of the CARAGA region where, despite the overwhelmingly high number of large-scale operating
mining firms in the area – 25 to be exact – CARAGA still ranks as the second poorest region in Philippines.
This is affirmed by one of the experts in the study, Ms. Norie Garcia of Green Thumb Coaliton, in her
statement, revealed that since large-scale mining operations commenced, studies show that local mining
communities have actually been living in high poverty rates and that social development has not been
evident in areas where mining camps have been situated in years. With this saying, it is then deduced that
it is not the case that large-scale mining operations automatically secure economic prosperity at the national
and local scale, nor do mining revenues translate to poverty reduction (Dulce, 2017).
The Philippine Mining Industry and the Labor Sector
In a data by the Department of Labor and Employment (DOLE), in 2015, only 236,000 individuals
have been employed in the domestic mining industry. This section only reflects 0.6% of the total labor
sector (Mines and Geosciences Bureau, 2017). Despite this fact, the Chamber of Miners of the Philippines
however asserts that around 1.2 million people would actually be affected on the presumed dismantlement
of the mining industry (Ocampo, 2017). This then implies that, as corollary to the suspension and cancelling
of mining permits by the present administration, a segment of the population would be suffering the burden
due by the collapse of the sector. However, this assumption by the mining sector is not a grounded on firm
foundation considering its failure to consider other matters of facts and social factors.
For the most part, it has long been held that contractualization has been inherently embedded in the
Philippine labor sector, including the mining industry. This was affirmed by a report of the International
Solidarity Mission on Mining (ISMM) in 2012, saying, “rampant contractualization [has] depressed wages
and worker’s rights.” It added, “[Mining] companies do not only extract the natural resources of the country,
but also gravely exploit Filipino laborers with very low wages...” The report further expounds on the case
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of mining workers in Benguet, sharing its findings on how 800 out of 1,400, or 57.14% of Lepanto’s mining
workers are actually contractual, with the remaining 600 being illegal workers. These 600 individuals, being
employed by illegal means, only earn a daily salary of PhP200.00 to PhP250.00 (Alave, 2012).
In the end, what ISSM and the rest of the Filipino nation advocate is for the national government
to take time to examine the labor conditions of Filipino mining workers. Also, it is of paramount importance
to address the health and safety concerns of these individuals. Noting that the DOLE’s Bureau of Working
Conditions had declared mining as a “high-risk industry,” both health and safety hazards have always
become an issue to mining employment (Tujan & Guzman, 2002). Hence, it is recommended that the labor
regulations of the mining sector be reviewed in order to promote the welfare of the Filipino workers.
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CHAPTER III:
PHILIPPINE MINING ACT OF 1995 AND
THE LIBERALIZATION OF THE MINING INDUSTRY
Historical Background of Philippine Mining Laws and Policies
The history of the mining practice in the Philippines may be traced back from the time of the pre-
colonial period when the Filipino natives themselves were in full control of the quarrying activity and the
uses of the minerals. It was, however, with the advent of the American colonization era when foreign private
ownership of Philippine lands for mineral extraction had been permitted. From this point on, the
liberalization of the domestic mining industry commenced.
Philippine Mining Laws and Policies during the Spanish Colonial Era
Before the legislation of the Mining Act of 1995, it was recorded that there had already been a long
history of mining laws and policies passed. From the time of the Spanish colonization, Simbulan (2016)
notes that the Regalian Doctrine was introduced declaring that all lands of the Philippine islands shall
belong to Spain. At present, this principle was revised under Article XII, Section 2 of the 1987 Philippine
Constitution, providing, “All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife and fauna, and other natural
resources are owned by the State...”
Mining Laws during the American Colonial Period
Tujan and Guzman (2002) discusses that at the time of the American occupation, the US colonial
government enacted different land laws which fundamentally affected the mining activity in the country.
One of those is Public Land Act of 1902 which granted private claimants large portions of Philippine lands,
given that the law allowed for the ownership of private entities of these assumingly “public” land parcels.
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In essence, what the Public Lands Act of 1902 failed to regard were the rights of Filipino indigenous peoples
to their ancestral domains. The Land Registration Law of 1902 embodied the same premise, while
particularly introducing the legal process of land entitlement. Consequently, this then led to multiple cases
of land confiscation that greatly aggravated the lives of Filipino peasants and indigenous people. Since the
aforementioned legislations only covered land management in the country, the US Congress then eventually
passed the Philippine Bill of 1902 which allowed for the US colonial government’s mineral claims on the
natural resources of the country, resulting to the installation of multiple mining sites that were controlled
by large-scale American mining companies.
After several years, the Mining Law of 1905 was finally executed which was patterned after the
US Mining Act of 1872. This granted private individuals and corporations the rights to surface and
underground ownership of lands for the mining activity, provided that they present a proof of a patented
mining claim (Tujan & Guzman, 2002). As observed from all laws passed under the US occupation, it may
be deduced that it was during this timeframe when the liberalization of the Philippines’ domestic mining
industry was gradually initiated.
Post-Colonial Period
As the Philippines gradually attempted to achieve national sovereignty, it still struggled from
breaking away from the chains of western control and imperialism. Through the Commonwealth
Government’s crafting of the 1935 Philippine Constitution, the Mining Act of 1936, or the Commonwealth
Act No. 137, was introduced. Reflecting similar dimensions as that of the current framework prescribed by
the present 1987 Constitution, the law holds that a “25-year lease renewable for the same period as the
maximum concession” shall be granted to claimants of the country’s mineral resources. Furthermore, it
provided that the law “opens public lands to exploration, occupation, and purchase, and limited mining
corporations with at least 60% Filipino capitalization.” According to the CPA-Education Commission
(1996), under the same law, the following precepts were enshrined: (1) ownership of mines with patented
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mining claims, (2) leasehold system of mineral land ownership for foreign investors, (3) prohibition of the
indigenous system of mining or small-scale mining, and (4) granting of water and forest rights to mining
concessionaires (as cited in Tujan & Guzman, 2002).
Under the Marcos administration, Presidential Decree No. 463 or the “Mineral Resources
Development Decree of 1974” was enacted, prohibiting all acts dismantling the mining industry as these
would be regarded as “economic sabotage” (Tujan & Guzman, 2002). In 1984, following his recently
passed P.D. 463, President Marcos introduced Presidential Decree 1899 which is a law on Small-scale
mining, categorizing the practice as an “artisanal activity” that largely involves manual labor.
Years after, the People’s Small-Scale Mining Act of 1991 (Republic Act No. 7076) was introduced
by President Cory Aquino. This recognized the administrative capacity of LGUs to manage small-scale
mining activities, ergo the creation of the Provincial/City Mining Regulatory Board, and allowed DENR to
declare zones of “Minahang Bayan” or those mining sites that are exclusively set for small-scale miners
(Fonbuena, 2008; Rappler, 2012). In addition, it was noted that the late President Aquino also enacted
Executive Order No. 279, authorizing the Secretary of Environmental and Natural Resources of his/her
capacity to enter into joint venture, co-production, or production-sharing agreements for the exploitation,
development, and utilization of the country’s mineral resources. It has empowered the Secretary to prescribe
guidelines for agreements involving the regulation of mineral resources, such as those concerning financial
or technical assistance.
The Philippine Mining Act of 1995
Passed on March 3, 1995, the Philippine Mining Act of 1995 or Republic Act No. 7942 is the
mining law that presently sets the framework for the domestic mining industry and is aimed at the
development and utilization of mineral resources in the country. The mining law, being at the forefront of
the Ramos administration’s Medium-Term Development Plan principally received large support from the
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mining sector but has been critically scrutinized by various environmental groups and civil society
organizations (Rico, 2013).
The Technicalities of R.A. 7942
Under the Mining Act of 1995, there are three (3) principal documents that the Government requires
for the mining contractors to comply with in order to gain access to the domestic mining industry:
(1) Exploration Permit – which lasts for a term of two (2) years (extendible for another two (2) years) and
grants the contractor the exclusive rights to explore land areas which conforms with the approved work
program;
(2) Mineral Agreement – which grants the contractor a 25-year mining operations term (renewable for
another 25 years) and may take the form of any of the three (3) modes – Mineral Production Sharing
Agreement (MPSA), Co-Production, and Joint Venture; and
(3) Financial or Technical Assistance Agreement (FTAA) – a contract on large-scale mining operations that
induce the entry of foreign mining corporations and ultimately, 100% foreign ownership of Philippine
mineral resources (Rico, 2013; Tujan & Guzman, 2002).
According to DENR-MGB’s Primer on the Application of Financial or Technical Assistance
Agreement (FTAA), “qualified persons” who may apply for an FTAA are the following:
(a) A Filipino citizen of legal age and with capacity to contract;
(b) A Filipino-owned Corporation, Partnership, Association, or Cooperative, at least 60% of the capital is
owned by Filipino citizens, organized or authorized for the purpose of engaging in mining with technical
and financial capability to undertake mineral resources development and duly registered in accordance with
the law; and
(c) A Foreign-owned Corporation, Partnership, Association, or Cooperative duly registered in accordance
with law and in which less than 50% of the capital is owned by Filipino citizens.
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Moreover, the FTAA primer underscores that mining area granted by a FTAA allows the contractor access
to 81,000 hectares of land area onshore, 324,000 hectares offshore, or a combination of both.
With regard to ancestral lands being a potential or target mining site of a contractor, it is enshrined in
the Revised Implementing Rules and Regulation (IRR) of R.A. 7942, Chapter IV, Section 16, that a Free,
Prior and Informed Consent (FPIC) must be first obtained from the Indigenous Cultural Community (ICC)
involved before the commencement of any mining operation in the area of which lands are tapped for having
been a potentially-rich mining site. Moreover, it was underscored that in cases where consent is given,
concerned parties shall adhere to Section 16 of the IRR, stating that a royalty payment of not less than 1%
of the gross output shall be given as compensation to the concerned ICC.
The requirements on issuing Environmental Compliance Certificate (ECC) and submitting an
Environmental Impact Statement (EIS) are vital aspects provided by the Philippine Mining Act of 1995 in
its IRR as these ensure paramount consideration to the Philippine state of environment. However, there are
no specific provisions on how both ECC and EIS are processed and approved as these activities solely lie
at the discretion of DENR’s Environmental Management Bureau (EMB). Furthermore, it is inferred that
environmental protection, under the ambit of the Environmental Compliance Certificate, does not
materialize in actual operating mining sites as the document itself is not available for the public viewing of
mining communities, hence its poor implementation. In fact, Chapter XVI: Environmental Protection,
Sections 167 of R.A. 7942’s Revised Implementing Rules and Regulations only prescribes “objectives” for
the promotion of the environment’s welfare, not amounting to any binding legal measure that would entail
the mining contractors to oblige.
On the Constitutionality of the Philippine Mining Act of 1995
For years, it was noted that RA 7942 has become tolerant of private and foreign bodies’
advancements to the Philippine environment and the Filipino people, as portrayed by the grave exhaustion
of the country’s mineral resources and the clear disregard of the ecological hazards and impact it causes.
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Geared towards the expansion and greater support for trade liberalization, deregulation, and privatization,
the Mining Act of 1995 explicitly depicts how Philippines gradually let loose of its nationalist grip on the
mining sector. Leaning on benevolent economic relations with its potential foreign partners, the mining law
was then strongly supported by various transnational mining corporations (TNCs) of foreign descent –
American, Canadian, Australian, and European – all of which have been in search of alternative settings to
launch their large-scale mining operations, given the stringency of environmental laws within their
respective homelands (Tuazon, 2004).
In February 1997, the La Bugal-B’laan Tribal Association, Inc. and other parties challenged the
constitutionality of Philippine Mining Act of 1995, the law’s Implementing Rules and Regulations, and the
provision on FTAA. According to the petitioners, the Financial and Technical Assistance Agreement
allowed by the mining law is fundamentally antithetical to the spirit of Philippine sovereignty (Ciencia,
2011). In essence, the legal extent to which the provision on FTAA runs counter to Article XII (National
Economy and Patrimony), Section 2 of the 1987 Philippine Constitution are covered by the following
aspects:
(1) That all mineral resources in the Philippines shall be owned by the State; and
(2) That the exploration, development, and utilization of natural resources shall be under the full control
and supervision of the State.
In January 2004 Supreme Court decision, the high court voted in favor of the petitioners,
particularly on their legal claim on the unconstitutionality of the FTAA provision and the IRR. As a result,
some of the respondents then filed for motions for reconsideration, and the Chamber of Mines of the
Philippines separately filed for a Motion for Intervention. In the hope that the Supreme Court would review
its case again, the plaintiffs’ lobbying efforts have been fruitful as the court reversed its upheld decision
during the latter part of the year and sustained the respondents’ position, stating in its decision, “The
Constitution should be read in broad life-giving strokes; it should not be used to strangulate economic
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growth or to serve narrow, parochial interests.” (La Bugal-B’laan Tribal Association, Inc. et al. v. Ramos
et al., 2004).
Tuazon (2004), however, elaborates that the “parochial interests” aspect of which the high court’s
decision implies to be compromised is actually pertaining to the interests of locals residing in mining
communities who are composed of agricultural workers and indigenous peoples alike. In this sense, it may
be inferred that there has been absolute disregard of the social welfare of the people from the ground who
would experience the direct impact of large-scale mining operations. Taking into account how minimal the
mining industry contributes to both the economic and labor sector, the court’s ruling has not exhibited
coherence given its assumption that liberalizing the industry could further stimulate national economic
performance. Hence, it is clearly the case that the Mining Act of 1995, now declared valid and constitutional
by the Supreme Court, only serves the interests of private bodies which profoundly rely on the mining law’s
capitalist and neo-liberal elements.
Assessing the Philippine Mining Act of 1995
Upon examining the Philippine Mining Act of 1995 which, at present, serves as the current
framework for the domestic mining industry, several points of criticism have been observed which call for
critical apprehension and discussion. By means of a thematic analysis approach, the following are the
characteristics of the mining law, as identified from both primary and secondary resource materials:
Bolsters the Liberalization of the Philippine Mining Industry
With the enactment of the Mining Act of 1995, the vision that the Philippines’ national
industrialization agenda be made into actualization has become obscure and distant. Grounded on a profit-
driven, capitalist, and neo-liberal foundation, the mining law evidently expresses support for a mining
industry open for foreign ownership. From the expert interviews conducted, it was found out that
essentially, the Philippine mining industry actually performs under an export-oriented and import-
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dependent framework set by the mining law. To quote Congressman Carlos Zarate of the Bayan Muna
Party-list, “…the cause of all the problems we have now in the country, especially in the areas where large
scale mining industries are present is the framework in itself…because this framework is [a] highly-
extractive, export-oriented framework.” Moreover, he states, “…it did not take into consideration the
national development, our national industrialization, and even in many instances, the human rights of our
people and the future of this country…”
With this, it is then averred that within the ambit of the Mining Act of 1995, the domestic mining
sector is aimed at a foreign-driven direction in such a way that the exploration and exploitation of the
nation’s mineral reserves by foreign mining firms are legitimately permitted, and protected, by law. With
the ideals of neo-liberalism consciously being maintained by the Philippine government, it is apparent that
the fostering of export-import relations within third world and first world countries has been evident for the
longest time, most particularly in the country. In fact, an Income Tax Holiday that grants a grace period
that last up to 10 years may be availed by foreign mining firms under the 1987 Omnibus Investment Code.
Moreover, several tariff and tax exemptions and other incentives are also given to mining contract parties
(Tujan & Guzman, 2002; Center for Environmental Concerns, 2017). Hence, this explicit invitation for
greater foreign investments engenders a nationalist sentiment on the genuine orientation of the domestic
mining industry that, according to Congressman Zarate, the mining law “is facilitating the slow death of
our national patrimony” and essentially, compromising the national sovereignty (Capistrano, 2016).
In relation to the concept of national industrialization, it may be posited that the call for a nationalist
Philippine mining industry is directed to address the environmental and social impacts being caused by the
mining activity to society. It is essential to note that since it is settled that the Philippine Mining Act of
1995 is designed to maintain a foreign-dominated mining industry, the primary concern for such
circumstance shall then be the profit-generating capacity of the mining sector to benefit investing TNCs.
Given this premise, it may be claimed that Philippine Mining Act of 1995 ultimately fails to take into
consideration the need for a nationalist-oriented mining industry that is pro-people and pro-environment.
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Destructive and Highly-extractive
In a press release by the Center for Environmental Concerns (2017), it was greatly emphasized how
corruption and pro-imperialism have been the ideals entrenched in the Philippine Mining Act of 1995, given
the country’s current state of political economy. It is for this reason that several malpractices in the mining
industry, as covered by the phenomenon of “irresponsible mining,” have managed to persist, ergo
transgressing Philippine environmental laws and policies. Now on the 22nd year of the Mining Act of
1995’s implementation, it is observed how the mining law continues to plunder and destroy the country’s
natural resources. Furthermore, the Cordillera People’s Alliance, Philippines (2015) adds that the pervasive
exploitation of the Philippines’ natural resources not just in Cordillera, but as well as in the other parts of
the country, clearly express how the present framework set by the mining law is just purely profit-driven.
In the Benguet experience of corporate, large-scale mining, ecological and social risks have been
gravely apparent in the province. In fact, the mining community and those areas surrounding it, from then
on until the present time, have experienced massive sinking and ground subsidence. In addition, river
pollution has also transpired in the province with the collapse of the mine tailings dam being operated by
the Philex Mining Corporation (Cordillera People’s Alliance, 2015). Tujan and Guzman (2012) principally
note how the mining industry has, for the most part, always been linked to environmental destruction. It is
for this reason that the environmental problems of deforestation, slope destabilization, desertification,
siltation, alteration of land terrain and the sea floor, and air pollution have long been prevalent given the
Mining Act’s toleration of irresponsible mining practices in the Philippines.
Exhibits Little to No Consideration to the Local Mining Community and the Filipino People
The tenacity of large-scale mining’s impact on several mining communities could be better
measured by the fact that the Philippine Mining Act of 1995 actually allows for greater flexibility to mining
contractors. According to an expert interview with Ms. Meggie Nolasco of CEC (Center for Environmental
Concerns) Philippines and Mr. Jaybee Garganera of Alyansa Tigil Mina, the following auxiliary rights are
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broadly enjoyed by the operating companies: (1) Water Rights – which grants mining firms the right to own
water resources within the parameters of the mining site, even including their right to make use of and
control the mining community’s watersheds and rivers; (2) Timber Rights – which grants the right to cut
all trees and timber sources within the mining site as granted by the logging concession; (3) Easement or
Placement Rights – which grants the right to occupy necessary land areas despite the presence of resident
dwellers; and (4) the Right to Use Explosives.
Aside from the mentioned auxiliary rights, it is also revealed by the expert interviews that the
Mining Act of 1995 and its IRR have provisions on the responsibility of the Philippine government to
protect the investments in the industry, ergo the formation of the Investment Defense Force (IDF) that is
composed of military, paramilitary, and police groups to secure the interests of mining firms. The mere fact
that the mining law has been subtly privatizing the services of the Philippine Army and Philippine National
Police only entails how monetary incentives are being used to shift the orientation of public service from a
“public” to a “private” cause. It is also in this case that the issue of militarized local mining camps shall be
taken into account given the Philippines’ abominable history of human rights violations and extra judicial
killings engendered by militarization.
To sum, Mr. Karl Begnotea of Kalikasan-PNE shall be cited for stating, “Yung Mining Act kasi…
mas kumikiling dun sa kapakinabangan at pag-eensure ng profit ng welfare nung kompanya…At hindi siya
nakabalangkas na magbigay talaga ng genuine development sa bansa, higit lalo dun sa mga lokal na
community.” (“The Mining Act of 1995 is more inclined to benefitting and ensuring the welfare of mining
companies. It also does not work under the framework that would provide genuine development for the
country, especially for local communities.”) It is from here that a conclusion shall be made, underscoring
how inconsiderate large-scale corporate mining operations are and how these have been a burden to local
mining communities and the Filipino people.
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CHAPTER IV:
THE STATE OF “IRRESPONSIBLE” MINING
IN STA. CRUZ, ZAMBALES
Overview of the Sta. Cruz Mining Saga
It was in the year 2006 when large-scale mining companies had entered the domicile of the Sta.
Cruz, Zambales locals. Mining operations were then initiated by well-known mining firms such as the
Benguet Nickel Minerals Inc. (BNMI), Zambales Diversified Minerals Inc.(ZDMC-DMCI), Eramen
Minerals Inc. (EMI), LNL Archipelago Minerals Inc. (LAMI). Recent reports however provided that
presently, there are actually seven Minerals and Production Sharing Agreements (MPSA) that cover the
12,000 hectares of Sta. Cruz land available for the mining activity (CEC, 2015). With only four major
mining companies operating in the province, it is observed how their presence has been detrimental to the
people of Sta. Cruz given the crucial impact they have caused to the locality’s natural environment and to
the community life.
In 2012, a Fact-finding Mission was conducted by Move Now! Zambales, in cooperation with other
environmental, agricultural, and progressive groups. The study provided significant results on how large-
scale mining operations have been, for six years, pervasively inducing environmental destruction, hence
leading agriculture-based livelihood in the community to a greater state of peril. Subsequently, it was
observed how the locals of Sta. Cruz, became more conscious of the repercussions of corporate large-scale
that they have long been tolerating. It shall be noted how Typhoon Lando, in October 18, 2015, significantly
changed the lives of Sta. Cruz residents. Torrential rains that resulted to rampant flashfloods, followed by
a nickel-laden mudflow have widely aggravated the lives of the people as it covered large sections of the
different barangays in the municipality. Taking into consideration the proximity of the areas to the mining
camps and the West Philippine Sea, Sta. Cruz has then been in a unfortunate and vulnerable state. For the
most part, locals have generally attributed the mud-filled flashfloods that ravaged their homes, roads,
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community infrastructures, and most importantly, their livelihood to the irresponsible mining activities
practiced by large-scale mining firms in their local domain. From then on, “irresponsible mining” has
largely been perceived by the people of Sta. Cruz not just a mere phenomenon but as a social reality that
ultimately needs to be deconstructed.
The “Irresponsible State of Mining” according to Locals and Experts
In the course of interviews and focus group discussions done by the researcher, participants in the
study have all been asked of their perception of “irresponsible mining” in relation to their experiences in
the local community. A total of fifteen (15) subject respondents participated in in-depth interviews, two of
whom are barangay kagawads who serve as gatekeepers of the community. From the locals’ narratives and
from the facts obtained during the research investigation, the following are the identified defining elements
attributed to “irresponsible mining” in the context of the Sta. Cruz mining saga:
(1) Irresponsible Mining negatively impacts Human Life
For most of the subject interviews conducted, it was observed how the Typhoon Lando aftermath
has become the turning point by which the degree of Sta. Cruz, Zambales’ cognizance of irresponsible
mining has reached its peak. What is peculiar in the case of Typhoon Lando’s impact is the composition of
the reddish mud that covered several areas in Sta. Cruz as the soil compounds comprising it were verified
to be primarily constituted with nickel sediments and other mine tailings. This is the very reason as to why
broad public dissent of large-scale mining operations in the province was heightened, resulting to the
formation of local people’s organizations expressing their anti-mining sentiment.
On Safety and Security
It has been a slow process for Sta. Cruz, Zambales and its people to recuperate back to their former
condition. Recovering from the tragic deaths and demise of their livelihoods, residents then blame the
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mining operations surrounding their communities as to why such series of events even transpired. The
flashfloods and landslides that inflicted numerous cases of injuries and fatalities only attest how the mining
activity magnified the impact of the typhoon. From this point on, residents in the community have then
developed anxiety on their safety and security. To quote a resident of Barangay Canaynayan on her view
on the community’s safety and security, she says, “Ngayon nga lang, buwan pa lang ng April, kasi Mayo
minsan nagbabagyo na, ang naririnig sa mga tao, ‘Ay nako po, malapit nanaman ang bagyo. Nakakatakot
nanaman ang baha.’” (“Since the typhoon season usually starts in May, as early as now, in the month of
April, people here say, ‘Ay nako po, the typhoon season is nearing again. The floods would be frightening
as before.’”) This statement expresses the widespread fear within the community regarding their
vulnerability as former victims of a natural calamity majorly aggravated by mine tailings. The fear that
another typhoon as strong as Lando would land in their province has always occurred in the thoughts of
some locals.
On the Locals’ Health and Wellbeing
As part of the mining activity, it is given that mining trucks take the role of transporting the loads
of ores and soil to and from the mining camps. However, along with this systematic process of mineral
transport comes the inevitable generation and release of dust particles that hover around the residential,
commercial, and public areas of the local community. According to Ms. Meggie Nolasco of CEC
Philippines, cases of respiratory tract infections spiked in 2008 since it is around this time when large-scale
mining in the province has expanded, hence the increase of the rate of travelling mining trucks in the area.
Asthma and other infections in the respiratory system have been experienced by the people of Sta. Cruz,
especially the children. This was affirmed by one of the FGD participants who is barangay health worker
of Barangay Pamonoran, stating that complaints on common coughs and colds were raised in the barangay
health center, ergo the demand for more medicine supply. Moreover, there were several reports of skin
allergies and infections that began appearing during the start of the mining operations. Several interviewees
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mentioned the term, “kati-kati,” which refers to the type of rashes that Sta. Cruz locals acquire due to
mining dust particles.
On the Contamination of the community’s Water Resources
Ever since Typhoon Lando struck the mining community of Sta. Cruz, it has then become a difficult
task for the locals to actually obtain clean water that is safe for drinking. As compared to the previous years
when the municipality was still free from any trace of mining operations, water pumps and wells have been
abundant sources of potable water. But now at present, several barangays witnessed the alteration of the
attributes of water available in the wells and pumps located at their homes. For some residents, it is claimed
that water discoloration was primarily due to the integration of mine tailings to the aquifers, therefore
reaching the groundwater resources. Initially being caused by Typhoon Lando’s immense flashfloods and
landslides, the contamination of Sta. Cruz’ water resources has still been widely apparent, and even worse.
With the case on hand, the call for facilities that would provide safe drinking water to residents is being
promoted throughout the area. Doctor Molino, in an expert interview, reiterated, “Hindi ito simpleng laban
kontra mina. Ito ay laban na ng buhay. Laban kasi laban na ng supply ng aming tubig. Pag nawala na ang
tubig namin, paano na kami?” (“This is not a simple battle against mining. This is a battle for life. Battle
because this a battle for the supply of our community’s water resources. If we lose our water, what will be
our situation?”)
(2) Irresponsible Mining engenders Environmental Degradation
On Deforestation
A number of literature evaluating the mining activity provide that throughout the whole process,
mining generally poses a great threat to the ecology if environmental laws and policies are just ignored and
not strictly enforced, or if the practice itself is, by nature, destructive of the environment. In the series of
key-informant interviews conducted with some locals of the community, two residents believe that it is due
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to the open-pit mining method being employed in Sta. Cruz that the degree of irresponsible mining is more
severe than in other provinces. Open-pit mining was characterized as the practice in which massive
deforestation and clearing operations is permitted to occur in order to demolish any obstructions situated
within the parameters of the prospective mining site. Forests and mountain ranges are the principal victims
of the deforestation process which involves the use of large-scale excavators and bulldozers to transform
the area into a conducive mining setting. According to one resident, the cutting of century-old trees has
caused the immensity of the gushing winds and the raging flashfloods that submerged his community area
in flood water for quite a while during the Typhoon Lando. For the longest time, it was assumed that the
trees in the mountains served as the lowlands’ natural defense mechanism from the intensity of any typhoon
that may strike the lowlands. But now with the excessive cutting of trees, the community of Sta. Cruz has
then become more prone to flooding incidents than ever.
On Deep and Excessive Land Excavation
During the mineral extraction phase, the mining activity involves the excavation of large piles of
land in order to acquire minerals of value. In the process, it is observed how the accumulation of stockpiles
and the transport of ores fundamentally implies a diminution of the mountain’s natural soil capacity. Some
residents then fear that with the reduction of their mountain lands and the levelling of the mountains’
terrains, the province’s natural environment is greatly destabilized. With this, it is assumed that the tendency
that calamities as powerful as Typhoon Lando may then occur again, while anticipating that graver impacts
may even transpire.
On Land and Water Contamination
The unproductivity of fruit-bearing trees and rice fields has been one of the principal grounds for
the assumption that nickel laterites have as well negatively affected the fertile soils of Sta. Cruz, Zambales.
Before the commencement of large-scale mining operations, some locals attest that fruit-bearing trees such
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as kaimito and santol bountifully produce enough that some locals even develop them as a business venture.
However, the contamination of the fertile lands of Sta. Cruz has then engendered a decline of crop
productivity that even rice farming, which is one of the municipality’s primary forms of livelihood, reached
a point of depression.
With regard to the contamination of water resources, the research findings provide that the
surrounding rivers and seas of the Sta. Cruz local communities are, in truth, evident of having acquired
samples of nickel compounds. This was verified by the Fact-finding Mission report by the Center for
Environmental Concerns, Move Now! Zambales, and St. Michael Parish – Sta. Cruz (2015), stating that the
banks of Cabaluan River, Pamalabauan River, and Sta. Cruz River have actually exhibited layers of red soil
that are principally composed of nickel laterites. Marine life imbalance has then become apparent as the
fish population decreased after the strike of Typhoon Lando.
(3) Irresponsible Mining aggravates Agriculture-based Livelihood
In line with the community’s dilemma on nickel-laden ground soil and river banks, another major
key defining element of irresponsible mining is how it exacerbates agriculture-based livelihoods in the Sta.
Cruz. Since both farming and fishing activities are the primary forms of livelihood in the community, locals
have now heavily relied on agriculture and the condition of environment. Given that local farmers of Sta.
Cruz have already their own set of struggles in their line of work, such as that of the lack of essential
resources and the drought brought by the dry season, the problem on soil infertility, caused by mining, has
only led them to a more burdened state. In fact, in Barangay Pamonoran, where vast lands of rice fields
have been the place’s prime feature, one Barangay Kagawad shares his farming experience saying that
from the usual four hundred (400) kaban he harvests per season, he now yields only fifty (50) kaban.
Similarly, the case of local fisherfolks also portrays the same difficulty in their line of work. With
the decline of fish catch in the past harvest seasons, Sta. Cruz fisherfolks are then troubled in maintaining
the richness of the fish populations. However, according to one resident of Barangay Malabago who owns
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a fishing pond of her own, she noticed that due to the nickel composites integrated along the pond’s edges
and on ground soil, the formerly rich and populous marine life ecosystem has then been disrupted and
undermined by mining operations. In connection with the issue on decreased fish catch, it was also reported
that some fisherfolks have then gone beyond their usual fishing area, extending to thirty (30) nautical miles
from the Zambales shore. According to the press release of the CCOS, fisherfolks are forced to fish farther
as the waters near the shore are polluted with mine tailings produced in the nearby mining camps. Due to
the aggregation of nickel laterites covering the sea ground, it was observed that corals have been dying,
ergo causing fish seek shelter in the other regions of the sea (Alyansa Tigil Mina, 2014). In addition, some
fisherfolks also contend that the proliferation of moss, or “lumot” as what Sta. Cruz locals call it, along the
shores of the West Philippine Sea has severely made the fishing activity more strenuous as the lumot lingers
in the fishing nets and casts the fish away. Given the condition that fish population in both rivers, seas, and
man-made ponds have diminished through time due to mine tailings, the present situation of moss
propagation – that is also linked to nickel laterites –has even more aggravated the state of local fisherfolks.
(4) Irresponsible Mining is Profit-oriented and has No Benefits to the Community
The case of corporate large-scale mining in Sta. Cruz, Zambales depicts the realities of local mining
communities in a third world country like the Philippines. Anchored on a capitalist and profit-driven motive,
it is a point of fact that, for the most part, mining firms have the greater edge in every mining agreement or
permit granted in their favor. Although there are requisites, such as the Environmental Compliance
Certificate and the Environmental Impact Assessment, the postulation that the legal premises have been
satisfied is not tantamount to the actual compliance of mining contractors in conserving the natural
environment and maintaining the local community. As Ms. Nolasco of CEC Philippines claims, the mining
practice is held irresponsible if it has not performed in the interest of the people – if it is only for the benefit
of several private entities, or those large-scale mining companies. The mere disregard for the conditions of
the Sta. Cruz community and essentially for irresponsible mining’s impact on the lives of the residents and
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to the natural environment evidently suggests that there is a clear absence of community consultations and
monitoring.
According to most of the interviewed residents, they view mining in their province as largely a
perwisyo or an inconvenience to them and to their community. One resident of Barangay Malabago, in her
interview, states, “Iresponsable sila kasi dun sa pagmimina nila hindi nila iniisip ang kahihinatnan ng mga
mamamyan. Ang iniisip lang nila is pansarili lang nila…” (“They are irresponsible in their mining practices
because they do not think about the future and welfare of the local residents. They only think of their own
self-interests.”) The economic and environmental costs of mining to their community are much greater than
the assumed gains that the local community could acquire from the mining operations. Since there has been
no consistent monitoring of the Sta. Cruz’ state and welfare, the unfulfilled promises of large-scale mining
corporations on executing social development projects and prosperity at the local level have then not
transpired at the very least.
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CHAPTER V:
THE ROLE OF LOCAL ENVIRONMENTAL JUSTICE MOVEMENTS
(LEJMs) OF STA. CRUZ, ZAMBALES
Timeline of the Sta. Cruz Anti-Mining Struggle
Since 2006, mining operations have already been evident in the province of Zambales and have
earned public dissent among the residents of Sta. Cruz. Six years after, Move Now! Zambales, along with
other local POs, agricultural groups, environmental organizations, and progressive entities, collaborated to
investigate on the mining situation of the province. The fact-finding mission highlighted the negative impact
of the mining activity on the community of Sta. Cruz, primarily underscoring its repercussions on the lives
of the people. With the support garnered from different groups, the anti-mining campaign has extended its
reach within the local community.
Typhoon Lando Aftermath: Sta. Cruz residents’ stronger Anti-Mining sentiment
In October 2015, Sta. Cruz, Zambales was among the provinces severely hit by the magnitude of
Typhoon Lando. The typhoon aftermath has been the turning point for some of the local residents who
decided to stand up against the persisting destruction of both their environment and their community.
Hence, from January 19 to February 28 of last year, residents of Sta. Cruz filled the national highway of
Zambales to block the passage of mining trucks in the hopes of totally ending large-scale mining operations
in their province. This bold attempt of Sta. Cruz locals marked the first collective action taken by residents
coming from different barangays who are all united by one cause – which is to eliminate all traces of
corporate, large-scale mining operations that is tolerated by both the local and national government.
Following the barricade are several rallies and protest actions, dialogues, and other LEJMs conducted by
the residents of the Sta. Cruz local community.
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Forms of Local Environmental Justice Movements (LEJMs) executed by Sta. Cruz residents
Mass Demonstrations
On January 19, 2016, a human barricade led by residents of Barangay Bayto had inspired hundreds
of other Sta. Cruz locals to get on the streets and join the movement against large-scale mining in their
province. This first-ever human barricade joined by around two hundred (200) anti-mining protesters has
been one of the most significant events in the history of Sta. Cruz. The residents’ shared struggle against
corporate, large-scale mining became the unifying element that made the LEJM generally impactful.
Lasting until February 28, 2016, the Sta. Cruz human barricade grew in number as several civil society
organizations, such as Move Now! Zambales, Concerned Citizens of Sta. Cruz (CCOS), Central Luzon
Aeta Association (CLAA), Diocese of Iba Advocacy Desk (DIAD), and the Samahan ng Kabataan Para sa
Kalikasan (SKPK), eventually took part in the LEJM. The barricade has been a call for action for the LGUs,
the national government, and the private mining firms to address the state of irresponsible mining in the
province, given that a segment of the Sta. Cruz population was victimized by Typhoon Lando.
Other forms of mass demonstration-type LEJMs that have been apparent in the Sta. Cruz anti-
mining crusade are the series of individual rallies conducted in front of the offices of the local government,
DENR, and mining companies. On July 25, 2016, some residents of Sta. Cruz organized a caravan to Manila
to attend President Duterte’s SONA with the aim garnering greater support from the public on the plight of
Sta. Cruz on attaining social and environmental justice. In an interview conducted, one member of Move
Now! Zambales shares that just recently, the organization and other anti-mining groups actually travelled
to Manila to express their support for DENR Secretary Gina Lopez. Following this, the caravan then
proceeded to BNMI’ s office in Makati to initiate a protest movement, condemning the mining company of
its irresponsible mining operations in the Zambales province. The next day, March 3, 2017, was the
anniversary of the Philippine Mining Act of 1995, which is why Move Now! Zambales alliance, several
environmental groups, peasant organizations, and other progressive bodies conducted a protest rally against
the anti-people and anti-environment mining law.
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Dialogues with Government Officials and Mining Companies
Upon the assumption of office of the present Zambales Governor Amor Deloso in, July 2016 a new
hope was instilled in Sta. Cruz residents since there would be a chance that this time that the local
government would take their side and decide to review the mining permits granted by the former
administration to the operating mining companies. On July 15 of the same year, several anti-mining groups
organized a support rally in Kapitolyo, Iba, Zambales for Governor Deloso for having passed Executive
Order 1 which suspended all mining operations in Sta. Cruz for a period of time. In the mob organized by
the Move Now! Zambales alliance and its member groups, AGAP, SAGIP, SAMA-SAGIP, the DIAD, and
other local POs, SAMANILAY (Samahan ng mga Maninilay) and SKPK, the anti-mining groups
collectively campaigned for E.O. 1 and persuaded the public servant to finally eliminate irresponsible
mining as it continuously denies them of a safe and healthy life, productive livelihood, and a balanced
ecology. During the program, an announcement from the local government office that the governor is open
for a room dialogue reached the leaders of the mob and the meeting eventually transpired. The dialogue
took place in the municipal office for quite a time and finally concluded with Governor Deloso descending
from the office and meeting with the protesters outside. This has been the first close encounter of the local
anti-mining groups with the Zambales governor.
In an interview, a resident of Barangay Bayto, who was one of the first participants of the barricade,
stated that during the course of events, the protesters had an opportunity to have a dialogue with DMCI
regarding the issues being raised. It was noted that the mining company provided the local residents with
an agenda to resolve the problem on the repercussions of their mining operations. To quote the interviewee,
he says, “Nagbigay naman sila ng…agenda nila. Pero di kami pumayag. Pinaliwanag namin yung
kagustuhan namin, tapos sinagot nila. Pero sabi namin, pagdating namin sa Barangay Bayto, ipaliwanag
namin kung gusto nila yung offer ninyo sa amin.” (They gave their agenda, but we did not agree. We
explained what we want, then they answered. But we told them that we will first ask our village people if
they are in favor of the offer or not when we arrive in Barangay Bayto.”) Consultations within the barangay
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were then conducted which involved representatives from every purok. However, in the end, the DMCI
mining corporation claimed that they take no responsibility for the devastations caused by mining in the
community during the Typhoon Lando as their mapping provides that Eramen and BNMI were actually the
ones which have principally caused the recent flashfloods and landslides.
Popularizing the Environmental Issue
Through the information dissemination and awareness raising efforts by local people’s
organizations within their community, the local environmental issue of irresponsible mining has been made
known to a bigger audience. According to some of the interviewed Sta. Cruz residents who are members of
local POs, flyers and newsletters are being distributed every now and then to ensure local awareness in the
province. In addition, it was noted that last September 29, 2016, during the fiesta of St. Michael Parish –
Sta. Cruz, a Typhoon Lando-themed photo exhibit was set up in the town proper to remind the people of
the municipality of the havocs brought about by the calamity. This movement served as a means for the
local community to remember the experiences of their municipality during the time of crisis, hence express
their dissent with the irresponsible mining operations still persisting in the province.
With regard to the role of environmental groups, the Center for Environmental Concerns –
Zambales unit was observed to have been actively supporting the local community in the LEJMs it has
undertaken. According to Ms. Nolasco, CEC Philippines helps in conducting educational discussions in the
community in order for the residents to know and understand the mining situation of Zambales. This is one
way to ensure capacity-building among the politically-conscious and active residents of Sta. Cruz. In
addition, Mr. Begnotea of Kalikasan-PNE highlights that one of the efforts of the Kalikasan environmental
group is to further popularize local environmental issues, and essentially, the struggles of the local
communities. By capturing wider media attention and generating public opinion, the local struggle of Sta.
Cruz ascends to the national level.
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Examining the Impact of Sta. Cruz LEJMs at the Local and National Level
Impact of LEJMs at the Local Level
When the respondents of the study were asked to assess the various LEJMs donein their local
community, all agree that the movements have been effective in successfully carrying out the common
cause of campaigning against irresponsible mining. Through collective action, be it in the form of rallies,
human barricade, or publicity efforts, these LEJMs continued the anti-mining sentiment of Sta. Cruz. By
persistently educating the people of the community, the locals’ sense of consciousness to the environmental
issue is maintained. As one of the locals says during an in-depth interview, “…isa rin naman sa
naobserbahan ko, parang mulat din naman yung mga miyembro,” (“...one of my observations is that it
seems like the members have become aware [of the current issues regarding irresponsible mining].”) hence
affirming how local environmental justice movements are proved to be effective in bringing positive change
in the community.
As for the relations observed between civil society organizations and the local government of
Zambales, it is posited that the voice of the Sta. Cruz local community has, at present, been heard and
recognized by the new administration of Governor Deloso. It is noticed how the occurrence of the Bayto
barricade and other series of protest movements have been significant grounds for the enactment of
Executive Order 1 by Governor Deloso on July 3, 2016. As an expression of approval, the anti-mining
groups then assembled in Iba, the province capitol, and conducted a support rally of which the governor
acknowledges. According to the residents interviewed, there is an observed disparity between the leadership
of the former and present governors since it is the first time for the anti-mining groups to have a close
encounter with the local government and discuss the mining issue privately.
Impact of LEJMs at the National Level
At the national level, the gravity of LEJMs was measured based on its capacity to engage the former
DENR Secretary, Gina Lopez, in the anti-mining struggle of the local community. Days following the
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dialogue in the municipal office, former DENR. Sec Lopez visited Sta. Cruz to investigate on the magnitude
of the mining situation in the local community. Consultations with representatives of the different barangays
of Sta. Cruz were conducted to attain a general assessment of the community’s sentiment. It was also noted
that, included in the program, was the chance for the leaders of selected local people’s organizations to
speak in behalf of their members. The environmental discourse was carried out and particular issues
concerning the Sta. Cruz state of mining were raised.
In the study, the views of experts on the role of LEJMs have been asked in order to evaluate the
effectiveness of such social movements. In a statement by Congressman Zarate, it was highlighted how
CSOs, such as local people’s organizations, are of crucial standing for these groups defend and maintain
their communities’ welfare. Mr. Garganera of Alyansa Tigil Mina enumerates the three (3) functions of
civil society with regard to the anti-mining struggle: (1) To create and preserve knowledge – which may be
done through research and documentation for data to be empirically-based; (2) To be a uniting force in the
community and foster solidarity among the people; and (3) To bolster the community’s advocacy and
struggle against mining. Lastly, Ms. Norie of Green Thumb Coalition (GTC) adds to the vitality of working
with local CSOs as these groups operate at the grassroots level. Both national and environmental anti-
mining groups could collaborate with each other to amplify their common cause – the environmental
advocacy of protecting the natural environment from irresponsible mining.
Legal Measures taken against Large-scale Mining in Sta. Cruz
In June 2012, the Supreme Court ruled in a case to issue a Writ of Kalikasan in favor of Agham
party-list, represented by party-list Rep. Angelo Palmones. Among the respondents were LnL Archipelago
Minerals, Inc. (LAMI), an operating mining company in Sta. Cruz, the Department of Environment and
Natural Resources (DENR), Philippine Ports Authority (PPA), and the Zambales Provincial Police Office.
The issue of the case is primarily on the grave destruction of a mountain in Barangay Bolitoc, Sta. Cruz due
to mining (Reformina, 2012). Essentially, a Writ of Kalikasan, according the Rules of Procedure for
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Environmental Cases, is a remedy based on Article II, Section 16 of the 1987 Philippine Constitution which
may be availed by a person with locus standi to the courts in representing persons whose constitutional
right to a balanced and healthful ecology is violated or threatened with violation. This must involve
environmental damage with a magnitude tantamount to the prejudice of the life, health, or property of
inhabitants, cities, or provinces.
In September 2013, another Writ of Kalikasan was granted in favor of Agham, but this time, by the
Court of Appeals. Pertinent facts in the petition include: (1) the militarization of the mining camp in which
it was noted that the LAMI personnel who were cutting down trees were armed with guns, and (2) the
continuing environmental destruction of Barangay Bolitoc’s mountain which causes the levelling of its
terrains. Although LAMI assumes that it has sought the approval of the Sangguniang Bayan of Sta. Cruz,
it was however contended that no public consultations were actually conducted (The Philippine Star, 2013).
Moreover, in a Rappler report (2013), it was revealed that Chinese mining firm, LAMI is actually
constructing a seaport within the province. The agenda for the harbour construction is in order for LAMI
to establish an efficient and direct shipping delivery system of Sta. Cruz’ chromite-rich soil to China. From
here, it was noted how the foreign mining company has not only caused ecological imbalance in the local
community, but as well claimed portions of Zambales province’s adjacent waters, as the Court of Appeals
ruled. However, recent news provides that the Writ of Kalikasan petitioned by Agham party-list Rep.
Palmones against LAMI was lifted by the Supreme Court on May 2016. According to reports, the high
court reversed the Court of Appeals’ issuance on the grounds that the plaintiff was unable to present strong
evidence in their allegation (Aning, 2016).
In January 2014, the Supreme Court issued a Writ of Kalikasan versus the DMCI (David Mendoza
Consunji, Incorporated) Mining Corporation. The other respondents of the case are also those defendants
of the earlier petitions filed. The issue was maintained, having the same allegations with that of the LAMI
case which is the massive logging of trees causing to the leveling of mountain terrains (Diola, 2014). In the
middle of the year, DENR’s Mines and Geosciences Bureau (MGB) announced the suspension of the four
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(4) mining companies operating in Zambales: (1) ZDMC, (2) BNMI, (3) EMI, and (4) LAMI. This
suspension is in line with the forwarded complaints of Sta. Cruz locals on the contamination of their rice
fields and sea shores. As a response, MGB then distributed suspension orders and instructed the
aforementioned mining firms to arrange a proper and appropriate disposal area of the mining stockpiles. In
addition, MGB Director Jasareno recognized the nature of mining in Sta. Cruz, stating that the
“unsystematic strip mining” method being employed by operating mining companies engenders ecological
risks such as siltation and dust generation (Rappler, 2014).
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CHAPTER VI:
SUMMARY AND ANALYSIS
Summary
In sum, it is deduced that the Philippines, endowed with a vast number of natural resources, has
been one of the world’s leading producers of mineral reserves. However, it shall be noted that despite the
mineral affluence, the Philippine mining industry’s contribution to the economic and labor sector has only
been minimal through the years. Performing within the mining framework set by the Philippine Mining Act
of 1995, the mining industry has then undergone further liberalization, shifting its disposition to one which
is export-oriented, import-dependent, and foreign-driven. Grounded on a neo-liberal ideology, the approach
of R.A. 7942 has been antithetical to the national interest and national development as it only maintained
the Philippines’ dependence to the global market for the productivity of its own minerals. As a third world
state, it is known that the country is bound for the grave exploitation of its natural resources and raw
materials by the advanced or first world nations. Now more than ever, Philippine sovereignty and patrimony
are at great stake with the government’s toleration of 100% foreign ownership in the mining industry. It is
also observed how the present mining law exhibits other detrimental features, such as that of being
destructive and highly-extractive of the country’s natural environment. For twenty-two years of the
Philippine Mining Act of 1995’s implementation, the mining law has only aggravated the ecological
condition of the country as made manifest in the local communities wherein the mining camps are situated.
With the granting of Exploration Permits, Mineral Agreements, and the Financial or Technical Assistance
Agreement (FTAA), a higher degree of environmental and social risks shall be sustained.
The case study of the Sta. Cruz, Zambales mining situation portrays how corporate, large-scale
mining – the state of mining in the province – had engendered detrimental effects to local mining
communities. For the most part, it was deduced from the research investigation that mining contributed
more inconveniences than benefits to the locality. Moreover, it also made the local community and the
residents vulnerable to landslides and flashfloods that are induced by the terrain levelling of the mountains.
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As for the state of the land and water resources of Sta. Cruz, it was observed how nickel and other mine
tailing elements polluted the mountains, lands, rivers, and seas of the municipality, ergo the decline of
livelihood produce in the area. dreadfully endured by Sta. Cruz residents. Through the local environmental
justice movements, the Sta. Cruz local community was then given a voice that was heard by the local and
national government. The LEJMs conducted were able to showcase the social realities of the mining
community, hence expose the truth of the perils of irresponsible mining that is dreadfully endured by the
local residents. Also, it is averred that the Sta. Cruz LEJMS had successfully strengthened the demand for
political participation in environmental policy-making processes and ultimately, for ecological and social
justice
Analysis
In response to the worsening dilemma on how irresponsible mining should be addressed in their
community, several Sta. Cruz local residents then decided to take action by forming local people’s
organizations that would actively express the town’s anti-mining sentiment. Through the execution of local
environmental justice movements by local POs, green groups, and the religious sector, it was observed how
the local residents of Sta. Cruz developed into being more politically conscious and active in asserting their
claims for a balanced and healthful environment.
Although local organizations in the community have taken the initiative to assess the mining
situation of the province, it was however discovered that the three major anti-mining factions existing in
the municipality have not closely worked together in elevating their common cause. Move Now! Zambales,
CCOS, and Defend are headed by different charismatic local leaders who all share the same view which is
to prevent the continuation of destructive large-scale mining in Sta. Cruz. But given the disparity on the
framework and process by which these three alliances operate, disagreements and inter-organizational
discord are apprent. In order to conduct LEJMs that are more powerful and effective, it is necessary for
these local anti-mining groups to harmonize themselves and be united in spirit.
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In the end, the research study then proves that LEJMs and the environmental struggle on
irresponsible mining in the Philippines have a relationship. It is affirmed that the case of the Sta. Cruz,
Zambales mining saga and its executed LEJMs have reflected the country’s national environmental struggle
on irresponsible mining. With the popularization efforts of the anti-mining groups of Sta. Cruz, the
ecological issue on irresponsible mining then advances to the national scale. Given this premise, it is then
posited that social movements at the local level have been more effective in acquiring public appeal and
generating government response in time.
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CHAPTER VII:
CONCLUSION AND RECOMMENDATIONS
Conclusion
In conclusion, the research investigation was able to affirm that the domestic mining industry
performing under the tenets of the Philippine Mining Act of 1995 has been problematic for its incapacity
to recognize the social and environmental costs it has engendered to the local mining communities and
ultimately, for its failure to commit itself to the national interest. As a country endowed with an abundance
of natural resources, the Philippines should have strived to preserve and enrich its mineral reserves. But in
doing so, it must develop a mining industry that would largely benefit the Filipino populace and cater the
immediate concerns of the people. A nationalist-oriented mining sector would strengthen the argument that
the mining industry may still be an advantageous course for the Philippine economy as long as it ensures
that it is the Filipino people which it principally serves, hence it shall provide the following: (1) security of
employment, (2) consideration of the local mining community, and (3) protection of nature. By reviewing
and replacing the present mining law – the Philippine Mining Act of 1995 – with a pro-people and pro-
environment one, it is expected that the country could maintain a mining sector that does not undermine the
Filipino nation’s interests but would promote national industrialization and development.
With regard to the topic on local environmental justice movements, the research study had
deliberately discovered how the local residents of Sta. Cruz, Zambales organized themselves in their plight
on eliminating the irresponsible mining operations in the province. The impact of the Sta. Cruz LEJMs has
not only been evident at the local level, but also at the national scale for having radically changed the socio-
political space, particularly in the policy-making process. It must also be taken into account how the
different local people’s organizations in the area took the effort in joining anti-mining networks and
alliances in order to strengthen their political cause. With a wider web of connections, the execution of
LEJMs has then become more convenient as local POs are more equipped with the knowledge and skill of
organizing and capacity-building. As a result, it was observed in the study how citizen empowerment
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increased the political consciousness and activity of the civil society, particularly among the members of
the local organizations. In examining the Sta. Cruz case study, it may be assumed that grassroots activism
has always been an effective means by which a group of people may bring about positive change in their
community. One of the key features of this research investigation is that it attempted to portray the national
environmental situation of irresponsible mining by setting out the Sta. Cruz, Zambales condition. It has
successfully exhibited how the state of mining in Zambales has also reflected how irresponsible mining is
being endured by other local mining communities in the Philippines.
Recommendations
The recommendations of the research study shall focus on two specific details – one is on the
developing political action of Local Environmental Justice Movements, and the other, on the petition for
an alternative mining law that largely departs from the framework imposed by the present Philippine Mining
Act of 1995. These two matters have been crucially highlighted throughout the study as both played a vital
role in resolving the local and environmental issue of irresponsible mining. It is believed that by
strengthening and empowering LEJMs of different local mining communities, the call to abolish the
existing mining law and enact a nationalist-oriented alternative will even more prosper. Finally, since the
research study’s only aim is to promote the national interest, it therefore endeavors to enlighten its readers
of its political and environmental advocacy of eradicating irresponsible mining by establishing a mining
industry that shall fundamentally be pro-Filipino.
Increased Support for LEJM and its Advocacy
It is largely essential that LEJMs shall receive greater support from the people and government as
these movements serve as the voice of the oppressed local communities. In truth, local environmental justice
movements also partake in the knowledge propagation process in order to raise awareness among the people
in the locality. Furthermore, LEJMs have also established strong links with national anti-mining groups
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that are already familiar with the political landscape. Sharing a similar cause, both LEJMs and the alliance
networks would then be effective in promoting their advocacy through collaborative means.
The Philippine should as well be vocal in expressing its support to the groups conducting local
environmental justice movements. Being the prime receivers of the social and environmental risks of large-
scale mining, the government must take into consideration the appeals of the masses situated in local mining
communities. In addition, it is recommended that CSO and government relations be even more strengthened
as it is through civil society organizations, such as local POs, that the government is able to consolidate the
shared concerns and grievances of its constituents. Cooperation between the two parties is then highly-
suggested.
Enact an Alternative Mining Law
The end goal of this research study is to amplify the passing of an alternative mining law that
reorients the Philippine mining industry from the current destructive and exploitative framework to a pro-
people and environment-sensitive one. According to Congressman Zarate, the Technical Working Group
of the House Committee on Natural Resources is presently consolidating various versions of an alternative
mining bill that departs from the current mining regime that the Philippines is situated on. As affirmed by
Ms. Norie Garcia of Green Thumb Coalition, there are four (4) proposed mining bills in Congress that are
being reviewed by the committee.
From the interviews conducted, it was deduced that there are two alternative mining laws
highlighted by the experts. For the Makabayan bloc, the People’s Mining Bill is regarded to be the solution
in maintaining a domestic mining industry that is deemed to be: (1) conscious of the protection of the local
ecology, (2) would preserve the country’s natural resources, and (3) would support the basic sectors of the
Philippine society. Anchored on national industrialization, the Makabayan political coalition believes that
the People’s Mining Bill would be able to cater the needs of a modernizing nation. Within this setting, the
utilization of natural resources shall be aimed to the development of the country and of the local
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 87
communities. Moreover, it assures that community consultations and people’s participation shall take place
by giving high regard and respect to human rights and to the indigenous people.
The other mining bill proposal, the Alternative Minerals Bill, is one which is authored by the
Alyansa Tigil Mina organization. In a statement by Mr. Jaybee Garganera, it was posited that the mining
bill focuses on the proper management of the country’s mineral resources. Grounded on scientific and
rational foundations, the anti-mining group aims to develop an appropriate mining framework that is
applicable to the country. Under the proposed bill, the mining industry shall principally benefit the people
and not burden them. In order for the new framework to succeed, the Philippines must not over-exploit its
mineral resources for the security of the future generations. Hence, in devising a national industrialization
plan, the rational perspective of the mining activity shall also be taken into consideration.
Synthesis
In the end, it is affirmed that there is an urgent need to review, revise, and reform the current mining
law – the Philippine Mining Act of 1995. The legal measures it provides tolerates the destructive, extractive,
export-oriented, and foreign-driven nature of the domestic mining industry. It is also a point of fact that
irresponsible mining does not only burden the minimal actors of the society, but has as well been an
inconvenient phenomenon for the Philippine environment and the economy. The demand that corporate
large-scale mining shall be restricted must be elevated to a higher degree given that the capitalist system
was proven of having exacerbated the country’s natural resources and culture. This research study calls for
greater public support to the welfare of local mining communities all around the Philippines by campaigning
for the abolition of irresponsible mining, which may ultimately be achieved through the promotion of a pro-
Filipino mining industry anchored on national industrialization.
The Curious Case of Irresponsible Mining
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APPENDIX A:
KEY INFORMANT INTERVIEW (KII) & FOCUS GROUP DISCUSSION (FGD) GUIDE
I. Key Informant Interview (KII) – For Subjects (Sta. Cruz, Zambales locals)
Set the mood. Introduce yourself and the research study. Provide an informed consent form to the
interviewee and discuss it briefly. Ask permission from him/her to have the interview audio recorded, and
to take photos if necessary. Let the respondent ask questions for clarifications regarding the interview that
shall take place.
Interview Questions:
1. Please describe the mining situation in your local community, Sta. Cruz, Zambales.
a. What were your experiences relating to mining in your province?
b. How did you deal with these mining-related experiences?
2. How do you view “irresponsible mining”?
a. How do you define “irresponsible mining” if attributed to the mining situation in your local
community?
a. What are its manifestations in your area? What is its impact to your municipality?
b. How does it affect your way of life – livelihood, land and water resources, environment, health
and well-being, and safety (in times of calamities)?
b. What is your stance on “irresponsible mining”? Are you for or against it? Why or why not?
3. Are you a member of any local people’s organization (PO) in your community that campaigns
against irresponsible mining operations?
For Members
a. Why did you join (name of local PO)?
b. How active is your PO in its anti-irresponsible mining campaigns? What kinds of local
environmental justice movements (LEJMs) have been performed by your local organization?
c. Could you please share some of your organization’s success stories with regard to its anti-
irresponsible mining advocacy?
d. What were the struggles faced by the organization in the course of the Sta. Cruz irresponsible
mining issue?
e. Do you think your (name of local PO) and the LEJMs it conducted were effective in bringing
positive change in your local community?
For Non-members
a. How do you view local people’s organizations campaigning against irresponsible mining in
your community? Do you think they are effective in their campaign? Why or why not?
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b. How do you view local environmental justice movements (LEJMs)? Do you think the execution
of these LEJMs were effective in bringing positive change in your local community? Why or
why not?
4. How do you think would irresponsible mining be solved at present and in the long run?
a. What key strategies should be taken by both government and non-governmental (civil society)
bodies to solve ng issue of irresponsible mining?
b. Do you think local environmental justice movements have effectively been sending signals to
the Philippine national community in their calls to action to address the environmental
problem? Why or why not?
c. How vital is it for the environmental concern of irresponsible mining to be solved at both the
local and national level?
5. Do you have anything more to say regarding the environmental problem of irresponsible mining
and the relevance of local environmental justice movements?
Conclude the KII properly. Express your gratitude towards the respondent.
II. Focus Group Discussion (FGD) – For both Local PO members and non-members (2 batches)
Set the mood. Introduce yourself and the research study. Provide an informed consent forms to the FGD
participants and discuss the content briefly. Ask permission from them to have the focus group discussion
audio recorded, and to take photos if necessary. Let the participants ask questions for clarifications
regarding the FGD that shall take place.
FGD Flow:
1. Please describe the mining situation in your local community, Sta. Cruz, Zambales.
a. What were the community’s experiences relating to mining in Zambales?
b. How did Sta. Cruz deal with these mining-related experiences?
2. How do you view “irresponsible mining”?
a. How do you define “irresponsible mining” if attributed to the mining situation in your local
community?
b. What are its manifestations in your area? What is its impact to your municipality?
c. How does it affect your way of life – livelihood, land and water resources, environment, health
and well-being, and safety (in times of calamities)?
d. What is your stance on “irresponsible mining”? Are you for or against it? Why or why not?
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3. For Members and Non-members of local POs
MEMBERS
a. How active is your PO in its anti-irresponsible mining campaigns? What kinds of local
environmental justice movements (LEJMs) have been performed by your local organization?
b. Could you please share some of your organization’s success stories with regard to its anti-
irresponsible mining advocacy?
c. What were the struggles faced by the organization in the course of the Sta. Cruz irresponsible
mining issue?
d. Do you think your (name of local PO) and the LEJMs it conducted were effective in bringing
positive change in your local community?
NON-MEMBERS
a. How do you view local people’s organizations campaigning against irresponsible mining in
your community? Do you think they are effective in their campaign? Why or why not?
b. How do you view local environmental justice movements (LEJMs)? Do you think the execution
of these LEJMs were effective in bringing positive change in your local community? Why or
why not?
4. How do you think would irresponsible mining be solved at present and in the long run?
a. What key strategies should be taken by both government and non-governmental (civil society)
bodies to solve ng issue of irresponsible mining?
b. Do you think local environmental justice movements have effectively been sending signals to
the Philippine national community in their calls to action to address the environmental
problem? Why or why not?
c. How vital is it for the environmental concern of irresponsible mining to be solved at both the
local and national level?
5. Do you have anything more to say regarding the environmental problem of irresponsible mining
and the relevance of local environmental justice movements?
Conclude the FGD properly. Express your gratitude towards the FGD participants. Distribute the tokens of
appreciation.
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APPENDIX B:
QUALITATIVE DATA PRESENTATION Question Data Quote, Page Themes, Subthemes Remarks, Significance
1. How do you define
“irresponsible mining”?
Subject Interviews Expert Interviews On the impact of Typhoon
Lando:
“Yung mga magulang ko
na 74 years old na, hindi
pa nila naranasan yung
bumaha dito ng ganun
nung nakaraan.” (p.8)
On the contamination of
water resources:
“Kasi noon nung wala
pang mining ang ganda pa
nung tubig namin.
Ngayon wala na.
Kelangan nalang pakuluan
kung wala kang pambili
ng mineral, papakuluan.”
(p.41)
“Hindi ito simpleng laban
kontra mina. Ito ay laban
na ng buhay. Laban kasi
laban na ng supply ng
aming tubig. Pag nawala
na ang tubig namin, paano
na kami?” (p.68, Dr.
Molino)
On mining’s impact to the
locals’ health:
“Dahil sa alikabok yan
kasi sobra. Lalo na banda
Has a generally Negative
Impact on Human Life –
safety, health and
wellbeing
On Casualties (during Typhoon
Lando):
- death of a teacher from Brgy.
Gama
On the problems on water sources:
- Unclean water from pump
- Hazards from mining sites’s water
bases (p.60)
There are residents who still fear
that the aftermath of Typhoon
Lando would be repeated on any
occasion, hence developing
anxiousness every typhoon season.
1. Inflicts serious injuries
and fatalities, especially
during the occurrence of
landslides and
flashfloods.
2. Produces large
amounts of dust causing
asthma and skin allergies
among the locals.
3. Contaminates the
water sources of
residents (e.g. water
pumps).
Prompts the increase of
respiratory tract
infections among the
residents, given that the
nature of mineral
extraction allows the
integration of particulate
matters to the air.
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jan dahil jan dumadaan
ang mga trak.” (p.42)
“Ang isa sa naging report
ng health ng Munisipyo
yun ngang dumami ang sa
mga ano, sa hika ganun,
ubo, mga ganung sakit
ang naging marami.”
(p.50)
“Tapos lumitaw din yung
epekto sa kalusugan na
nung ininterview yung
mga regional health units,
ah nag-spike daw yung
respiratory track infection
simula nung 2008. Ito
yung panahon na
nagkaroon ng
malakawakang
pagmimina.” (p.75, Ms.
Meggie)
“…tumaas yung incidents
ng respiratory track
infection lalo na dun sa
mga bata. Kasi ang isang
epekto nung
pagbubungkal nung lupa
dahil dun sa open pit
mining eh yung mga
particulate matter saka
yung mga sediments nag-
aano sya sa hangin, kaya
nalalanghap sya nung mga
tao. Lalo na yung peak
nung pagmimina kung
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saan 200 trucks daw yung
dumadaan na 5 times per
day.” (p.75, Ms. Meggie)
On their fear for their
safety:
“Ngayon nga lang, buwan
pa lang ng April, kasi
Mayo minsan nagbabagyo
na, ang naririnig sa mga
tao, ‘Ay nako po, malapit
nanaman ang bagyo.
Nakakatakot nanaman ang
baha.’” (p.58)
Inflicts damages to
nature – to the
mountains, soil, rivers,
and seas:
1. Performs Irresponsible
Mining Practices (Open-
pit mining) that leads to
the deforestation of
forests and mountain
ranges.
2. Deep and excessive
land excavation during
mineral extraction results
to the generation of more
stockpiles.
3. Increase in the acid
composition of soil
making it less fertile and
causing plants, trees, and
Inflicts damages to
nature and environment
by means of:
1. Excavation of massive
amounts of soil.
2. Infusion of
contaminated deposits
from mine tailing ponds
to the natural water
resources (rivers, seas).
3. Negative impact on
the environmental aspect
of the community.
On deforestation:
“...nagigiba yung mga
kwan, yung mga century
na kahoy sa bundok.
Imbis na pangsangga sa
hangin yon, lalong
nawawala. Tapos yung
lupa nababawasan. Imbis
na, katulad yan, malaking
depensa yan pag yung
malalakas na hangin na
galing diyan sa silangan
ay pang-cover sana diba?
Ma-cocover yon. Eh
ngayon bumababa.” (p.17)
“Pag ano, nasisira na yung
mga kabundukan. Tapos
pag bumabaha na dito,
maraming nasisira ho –
yung mga ano ng
Engenders Environmental
Degradation
“Pulang Lupa” – term given to
define the reddish attribute of soil
that is assumed to be caused by its
composition of nickel laterites
Does not follow environmental
laws:
“Well, ‘yung irresponsible mining,
for us, is mining that violates the
Mining Act, violates or does not
comply to all mining contract, and
then violates, or does not comply
with other environmental laws and
regulations natin.” (p.90, Mr.
Jaybee)
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rice fields to be less
productive.
4. Marine life imbalance
due to the contamination
of rivers and seas.
kagubatan, tapos yung
palaisdaan nadadamay po
lahat sila ng ano, mga
nalulunod din na tao.”
(p.46)
On the practice of open-
pit mining:
“Hinuhukay nila kase.
Pinuputol nila yung mga
kahoy. Tapos huhukayin
nila. Pinuputol nila yung
mga kahoy na malalaki.”
(p.98)
On the unproductivity of
trees and rice fields:
“Yun po Madam, jan po
sa mga barangay na
naabutan ng nickel,
namatay na po yung lahat
ng mga kaimito, santol.
Dati napagkukuhaan. Yan
po ang kabuhayan daw po
nila jan sabi ng kapwa ko
tindera. Kabuhayan daw
po nila yung mga palay.
Wala na daw po sila
ngayon. Malaki talagang
kasiraan ang mining.”
(p.47)
On environmental
degradation, in general:
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“Simple lang. Pagka
nakakasira ng kapaligiran,
whether that’s legal or
illegal, it’s irresponsible.
Kasi inaasahan natin
pagka pagmimina, ang
kumpanya ay nagmimina,
dapat yan ay walang
perwisyo. Kung saka-
sakaling uh halimbawa
nickel diba yung kanilang
binungkal na lupa, uh...at
yung mga laterite ay hindi
lalabas sa kanilang mining
area…” (p.68, Dr.
Molino)
“Kahit nga yung presence
lang ng apat na mining
companies sa iisang
munisipyo, uhm,
tapos…ayun, sobrang
laking impact niya na dun
sa environment, na halos
kalahati nung kabundukan
nung Sta. Cruz eh
minimina. Pagpapakita na
lang din na wala talagang
pagsasaalang-alang dun sa
balanse ng ekolohiya dun
sa lugar.” (p.76, Ms.
Meggie)
1. Engendered lower
productivity among the
local farmers and
fisherfolks, hence
On the decline of palay
produce:
“Tapos sa magsasaka po
nagiging acid po yung
Aggravates Agriculture-
based Livelihood
Palay:
From 70 to 80 kaban, farmer only
harvests 3 kaban now >> “nag-ipa”
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aggravating their
condition further since
they already have their
initial problems on
livelihood resources.
2. Does not contribute to
the community’s
economic development.
kalupaan, yung kabukirin
kasi kumbaga yung
aanihin mo.” (p.35)
“Kagaya ng mga naririnig
ko sa mga kapwa ko
nagtitinda, yung mga
palay nila, sa 100 kaban
na nakukuha nila,
nagiging 30-20, nasa 20s
nalang po yung nakukuha,
naaani nila. Tapos yung
gulay nila dati nakaka-200
kilos silang ani ng mga
halaman, dahil sa pag-ano
ng minahan, mula nung
bumaha yung minahan,
wala na hanggang
sampung kilo nalang, 20
kilos.” (p.47)
“Ang percentage na
nakuha ko lang sa pag-
aani bali pinag-aanihan ko
ng 400 kaban ang nakuha
ko lang singkwenta
kaban.” (p.64)
On the decline of fish-
catch:
“Nababawasan po ang
ano, ang parang
environment din ng ilog.
Kasi kumbaga po
namamatay din ang
natural na pagkain nila
o hindi naglaman ang mga palay
(p.30)
From 100 kaban to 20-30 kaban
(p.47)
From 90 kaban to 34 kaban (p.40)
Aftermath of Bagyong Lando:
From 400 kaban to 50 kaban (p.65)
Fish-catch:
Decrease in amount of fish catch
since mining also affected the
natural food of marine resources
It takes a long time for fishing
ponds to recover from nickel
contamination since “lumot” were
formed, making it harder for fishes
to grow
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 102
kasi naaanuhan po ng
nickel.” (p.34)
“…halimbawa yung mga
magsasaka, lalo pa silang
naghirap. At yung mga
mangingisda, bukod sa
bumaba yung kanilang
produktibidad, hindi rin
talaga nila natamasa yung
supposedly positive na
dulot ng mga pagmimina
dun sa kanilang lugar…”
(p.75, Ms. Meggie)
1. Considered a burden
as it causes the
destruction of
environment and
infrastructures.
2. A burden to
residents’’ state of
livelihood.
3. One of the gravest
problems of Sta. Cruz
locals.
1. Does not benefit the
people as it only
exacerbates the condition
of agricultural work –
farming and fishing
activity.
2. Absence of the
expected social projects
to be initiated by the
government or mining
companies – e.g.
construction of roads,
schools.
3. No monitoring of the
community’s welfare
development.
On mining as an
inconvenience to the local
community:
“Iresponsable sila kasi
dun sa pagmimina nila
hindi nila iniisip ang
kahihinatnan ng mga
mamamayan. Ang iniisip
lang nila is pansarili lang
nila, akala nila
nakaktulong, pero di po
sila nakakatulong.
Maaaring sa iba
nakakatulong sila dahil sa
kita nung mga pumapasok
sa kanila, pero ang totoo,
hindi’t hindi, dahil
lalung...halimbawa kung
sa isang daan nilang
natulungan, mas mahigit
Does not Benefit the
Mining Community as it is
only viewed as an
Inconvenience (Perwisyo)
Ms. Norie
- For decades, it is evident that
mining communities have been
living with high poverty rates
- “Is it worth it? there are other
alternatives
- need of a “sustainable
framework”
- other options: Eco-toursim,
improve Agricultural Sector
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 103
sa isang daan ang
naperwisyo.” (p.30)
On mining as a burden to
agricultural workers:
“So hindi naman nag-
benefit yung mga
mamamayan, bagkus, lalo
pa silang mas naghirap.
Uhm, halimbawa yung
mga magsasaka, lalo pa
silang naghirap. At yung
mga mangingisda, bukod
sa bumaba yung kanilang
produktibidad, hindi rin
talaga nila natamasa yung
supposedly, ah, positive
na dulot ng mga
pagmimina dun sa
kanilang lugar. So ganun
pa rin yung katayuan
niya...” (p.75, Ms.
Meggie)
On the unfulfilled
promises of social
development:
“…tapos hindi rin naman
umunlad yung
infrastructure ng...Hindi
naman nakakitaan ng
mga, uhm, mga paaralan o
mga bagong daanan o
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 104
kahit uhm anumang mga
social projects na
ikakabuti sana ng
mamamayan…” (pp.75-
76, Ms. Meggie)
1. Mining firms being
apathetic to the concerns
and welfare of the
community.
2. Disregards the
impinging environmental
and economic impacts of
irresponsible mining in
order to sustain profit-
generation.
3. Highly-concerned on
self-interest, with no
clear intention of aiding
the community.
1. Only beneficial to
small entities – private
large-scale mining firms.
2. No consideration to
the threats and impacts
of mining to the local
community’s condition.
3. Domestic mining
framework styled as
profit-generating in
nature.
On mining companies
only focus on their benefit
– profit-generaiton:
“Ang masasabi ko dyan
talagang iresponsable sila
talaga. Gusto lang nilang
kumita. Wala silang
ginawang tulong sa
taumbayan. Kaya sila
iresponsable. Yung
katangian nila sa
pagkairesponsable, basta
kumita sila, yun lang.
Wala na silang pakialam
kung bahain ka, masira
yung mga kabuhayan mo
dyan. Yun ang tingin ko
sa iresponsableng
pagmimina nila.” (p.9)
“Nagiging iresponsable
yung pagmimina pag
ginagawa lang siya para
sa benefit lang nung iilang
mga entities, lalo nung
mga large-scale mining
companies na hindi
isinasaalang-alang yung
local condition saka yung
local...yung impact niya
Primary concern is Profit-
generation, hence
disregarding the
community’s welfare
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 105
dun sa local community.”
(p.75, Ms. Meggie)
“So gaya ng mga... Lahat
ng current mining dito sa
Pilipinas ay iresponsable
kasi nga nasa framework
siya ng pagkuha lang ng
kita. Ah, ganun din yun sa
hindi iba yung
nararanasan ng Sta.
Cruz…” (p.75, Ms.
Meggie)
2. What are the forms of
Local Environmental
Justice Movements
(LEJMs) performed in
the community?
1. Through the series of
rallies conducted in front
of government agencies
and offices of mining
companies.
2. Organizing a human
barricade in Bayto last
January, 2016.
3. Attending Duterte’s
SONA through a united
caravan.
1. Environmental groups
extending their support
in mobilizations.
2. The local
community’s barricade
action against
irresponsible mining in
Sta. Cruz counts viewed
as one of the most
effective means to
impede mining
operations and condemn
the presence of mining
companies in their
municipality.
On LEJMs as an effective
means to instigate a
desired action:
“Kasi karanasan na rin
yan kahit sa iba pang mga
laban nung mga
komunidad na ang
pinakaepektibo talagang
pamamaraan eh pag yung
mga taong nasa
komunidad eh sila talaga
yung tumutol at kumilos
laban dun sa malakihang
pagmimina dun sa
kanilang lugar. So kung sa
Zambales man yan,
marami ng mga
karanasan. Halimbawa
yung barikada dun sa
Bayto kung saan napigilan
nila yung ah pag-travel at
pag...yung pag-export
nung mga ores dun sa
Mass Demonstrations
Important dates:
Jan 19 to Feb 28 2016: Human
Barricade
July 25, 2016: Duterte’s SONA
attended by local POs and
environmental groups
March 1, 2017: Nagsupport ang
Move Now kay Gina Lopez;
pumunta sa Batasang Pambansa
March 2, 2017: Pumunta sa
Benguet (BNMI) >> nagrally sa
Makati office
March 3, 2017: Pumunta sa
Chamber of Mines dahil
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 106
kanilang lugar.” (p.77,
Ms. Meggie)
anniversary ng Mining Act of
1995; atsaka sa DAR
May 1, 2017 (Labor Day): nagp-
prepare
1. Dialogues held
between concerned Sta.
Cruz residents and
representatives of DMCI.
2. So far, the most
successful dialogue with
the local government
was when Governor
Amor Deloso met with
the rallyists at the
Kapitolyo to express his
support to the anti-
mining campaign.
DENR Sec. Paje’s
meeting with Dr. Molino
of the CCOS (Concerned
Citizens of Sta. Cruz,
Zambales) pushed for the
investigation of the case
of irresponsible mining
in the province.
On meetings held with
DMCI:
“Itong nauna naming
nakusap itong DMCI,
DMCI mining. Nagbigay
naman sila ng kwan sa
amin, yung agenda nila.
Pero di kami pumayag.
Pinaliwanag naming yung
kagustuhan naming, tapos
sinagot nila. Pero sabi
naming, pagdating
naming sa Barangay
Bayto, ipaliwanag namin
kung gusto nila yung offer
ninyo sa amin.” (p.18)
Dialogues with the
Government officials and
with representatives of the
DMCI mining company
1. Through information
dissemination, the local
environmental issue of
irresponsible mining has
reached more people;
flyers and photographs
are distributed
throughout the
community.
2. A Typhoon Lando-
themed photo exhibit
was set up on September
29, 2016 – during the
1. Locals of Sta. Cruz are
invited to attend
educational discussions
organized by local
organizations and
environmental groups to
enrich their knowledge
on the subject matter.
2. Awareness raising
made possible through
the capturing media
attention and the shaping
the public opinion.
On awareness raising and
capacity-building among
local residents:
“So yung CEC, ang
ginagawa niya bukod dun
sa itinataas niya yung
kapasidad nung mga
mamamayan para harapin
yung mga lokal nilang
problema, tapos
pagbibigay nung mga
educational na mga
discussions para mas
Popularizing the
Environmental Issue
Enriching the campaigning and
communication
skills of the locals
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 107
town’s fiesta – to
remember the havocs of
the typhoon.
3. Efforts of Kalikasan-
PNE (People’s Network
for the Environment) to
further popularize the
local environmental issue
and local struggles of the
community to the
national level.
maunawaan nila kung
bakit ba ito nangyayari sa
lugar nila…” (p.76, Ms.
Meggie)
1. NGOs and POs united
with one agenda and
interest form networks
and alliances to establish
a strong support system.
2. CCOS’ (Concerned
Citizens of Sta. Cruz)
membership in national
organizations, Alyansa
Tigil Mina, Philippine
Network for Mining
Justice, and Philippine
District Partnership Inc.
3. Coordinating with
international
organizations is seen as
an essential strategy to
advance the collective
interest of the people.
4. The team of CEC
(Center for
Environmental
Concerns)-Zambales
attempts in uniting local
POs to solve both the
livelihood and
environmental dilemmas
On alliance-building:
“Ano kasi diba yung
aming group nung nakita
ng mga national NGOs,
ng mga POs na lumalakas
na ang aming laban, so
tumulong narin sila, at
naging member na kami
ng ilang mga national na
organizations like ayun sa
Alyansa Tigil Mina,
Philippine District of
Partneship Incorporated,
at iba pa na mga group
like Philippine Network
for Mining Justice, lahat
and others. So ayun.
Although, noon pa naman
kase, kilala ako ng mga
tao dito na I’m the
political animal,
advocating several issues,
head of human rights, and
environment. So madaling
nakadikit sa kanila, tulad
nga lahat kami
magkakasama sa mga
Formation of Alliances
and Networks
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 108
caused by irresponsible
mining.
5. Kalikasan-PNE’s
efforts to reach out to the
sectoral organizations in
the community,
including that of the
famers’ and fisherfolks’
POs.
advocacy at iba pang mga
people.” (p.70, Dr.
Molino)
On partnering with
international
organizations:
“So yun pa yung
ginagawa nung CEC.
Bukod dun sa
pakikipagtulungan uhm
dun sa iba't ibang mga
grupo, pati dun sa mga
international na mga
organizations. Kasi yung
ganitong problema naman
sa pagmimina, hindi lang
dito sa Pilipinas...So sa
buong mundo sya, kung
saan yung mga
malakolonyal na mga
bansa ay
pinagsasamantalahan
nung mga uhm...(clears
throat) Mga bansa na
kung saan dun present
yung mga large-scale
mining companies.
Kadalasan sila yung mga
industrialized countries na
nagpu-push talaga dun sa
ah globalisasyon. (pp.76-
77, Ms. Meggie)
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 109
1. Systematizing research
studies on the
environmental impacts of
mining by conducting
Environmental
Investigative Missions
(EIM) which congregate
both scientists and
environmentalists.
2. Research and
campaign networks
maintained to propagate
environmental
awareness.
“Uhm, bukod dun eh
tumutulong pa rin yung
CEC dun sa mga research,
halimbawa, pagsi-
systematize nung mga
pag-aaral gaya ng
pagkokondukta ng mga
environmental
investigative mission,
kung saan ah tinitipon
yung mga ibang mga
volunteers na mga
environmentalist saka
mga scientist para
bumisita dun sa lugar at
pag-aralan kung ano ba
yung mga aktwal na
impact ng mining dito.”
(pp.76-77)
Doing further Research
and Investigation
1. CCOS’ relationship
with the DENR began in
2012 when the local
organization was tasked
to document and report
the environmental
situation in Sta. Cruz.
2. Complaints were
submitted to concerned
government agencies for
them to address and
investigate on the case of
irresponsible mining in
the municipality.
On documentation and
report-filing:
“Dun na nagsimula yun
na, na way back 2012
nagrereport na kami kung
ano ang nangyari, we’ve
been documenting. Kasi
I’m into forensics, alam
ko kung gano kahalaga
yung mga documentation.
So meron kaming series
of photo documentation.
Uhh... sa magsasaka,
mangingisda,
Documentation and Filing
of Reports and Complaints
to Government Agencies
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 110
magpapalaisdaan…”
(p.69)
1. With it alliance with
the Bayan Muna
partylist, the CEC was
able to lobby and
campaign for the
environmental concern
on irresponsible mining
in Sta. Cruz.
2. CEC has been one of
the main proponents of
the People’s Mining Bill
which was crafted on a
framework that protects
the interest of mining
communities and other
stakeholders.
On lobbying and the
promotion of the PMB:
“Ah, so yung CEC, ang
isa...isa siya din sa mga
tumulong doon sa pag-
craft nung uhm People's
Mining Bill. Oo, ito yung
mga ano... Ito ay resulta
ng ilang levels at ilang
serye ng mga
konsultasyon doon sa mga
apektadong komunidad at
saka yung sa iba't ibang
mga stakeholders, kung
saan diniscuss kung ano
ba dapat yung framework
nung pagmimina dito sa
bansa.” (p.76)
Lobbying/campaigning
and participating in public
policy-making in the
Legislative arena
3. How are Sta. Cruz
CSOs (local
organizations and
environmental groups)-
Government Relations
manifested in the local
community?
1. The granting of
mining permits makes it
more difficult to impede
the continuing mining
operations.
2. Government’s
“incapacity to see” the
present circumstance.
3. Corruption still being
evident, as observed in
the transactions done
between the government
and mining companies.
Government’s inaction in
addressing the
grievances of Sta. Cruz
residents.
On the government’s
incapacity to emphatize
with Sta. Cruz locals:
“Hindi, hindi kami
pinapakinggan dito sa
baba, dito sa lokal. Eh
kasi daw sabi nila, yan
ang sinasabi na nasa
nakakataas ang permiso.
Kaya kung binigyan sila
ng permiso, wala kaming
magagawa dito sa baba.”
(p.4)
“Magiging epekto
(epektibo) sana yan kung
Bureaucratic Failures of
the Government and its
Agencies
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 111
hindi bulag ang ating
gobyerno. Yon.” (p.36)
1. The national
government continues to
ignore the pleas of the
local people of Sta. Cruz.
2. Sta. Cruz residents’
belief that the
Government will never
be on their side.
On the disconnect
between the people and
the government:
“May mga...nag-uusap na
kaming ano...nag-uusap
na kami kung ano ang
plano namin doon sa...kasi
hindi natin magiging
kakampi ang gobyerno eh.
Kikilos na yung AGAP at
saka kung sino pa yung
makakasama namin.”
(p.14)
Disconnect between the
CSOs and the
Government, and between
the Local and the National
Government.
1. Around 500 police
officers came to disperse
the Bayto barricade;
there were some reports
of police harassment.
2. The presence of a
military tank even more
sparked speculations
among the people.
1. The role of police
officers in the Bayto
barricade to disperse the
mobilization heightens
the theory on the
collusion between the
government and the
private mining
companies.
2. There were events
when members of
environmental groups
experienced harassments
and attacks from the
police.
On cases of police and
military harassment:
“Hindi ano yan eh. Alam
naman natin yan. Ang
mga mining company,
talagang ihaharass yung
mga leader. At alam
naman kasi nila na tayo ay
effective leader doon sa
community, kaya galit na
galit sila sa at...actually
meron pa nga akong ano
Cyber Libel case na
ginawa, na gawa ng
Benguet eh. I was, I was
uh...sued for 20 million
Pesos. Cyber Libel ng
Benguet, naandiyan sa
Police and Military
Presence and Violence
500 police officers were deployed
during the human barricade
organized by Sta. Cruz residents
last February 2016
Task Force Malimanga
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 112
Manila.” (p.69, Dr.
Molino)
“Pero dahil nga hindi
pa...dahil na rin sa uhm
kasamaan o
kadesperasyon nung mga
mining companies at dun
sa sabwatan nila dun sa
local government,
tinambakan ng mga uhm
pulis saka ng mga militar
yung mga barikada kaya
nabuwag siya
pansamantala.” (p.77, Ms.
Meggie)
1. Zambales Governor
Deloso stepped down
from the municipal
office to meet with the
rallyists last July 2016;
the two parties discussed
the community’s
concerns on mining.
2. DENR Sec. Gina
Lopez’ visited Sta. Cruz
Zambales last July, 2016
to have a consultation
with the community
regarding their
environmental concerns.
3. Gov. Deloso gave a
statement on his support
to the anti-mining
campaign of the local
POs as long as they
1. There is direct
communication between
the, CCOS and the
DENR-MGB as
maintained by Dr.
Molino (chairperson of
CCOS).
2. Dr. Molino was tasked
by DENR Sec. Paje to
send copies of CCOS’
reports on mining for the
agency to review.
Close Encounters with
Local and National
Government Officials;
Government exhibiting
support
Congressman Zarate
- local initiatives against mining:
No Mining Zone/No Go Zone
“For example, in the previous
government, in the previous
administration, the national
government is really pursuing
further liberalization of the mining
industry, ano? And it ignored local
initiatives, for example, there were
localities already, LGUs, that
declared their localities already as
“No Mining Zone. “No Go Zone.”
But this is being ignored by the
national government. But to us, we
are encouraging this. This is
actually giving spirit to so-called
local autonomy enshrined in the
Local Government Code. So that is
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 113
would as well stand by
him.
4. Barangay local
government officials also
express their support to
local organizations.
why we are encouraging local
government units to pass local
ordinances. For now, in some
instances it has become effective.
For example, in South Cotabato,
they declared that they have this
ordinance banning open-pit mining.
So the Tampakan Project, the
biggest supposedly nickel project
in Asia, is put on hold.” (pp.83-84,
Cong. Zarate)
1. Environmental groups,
such as the Kalikasan-
PNE, play a vital role in
the constant monitoring
of the government’s
actions and activities
concerning
environmental affairs.
2. Such groups also
check if the
government’s mandates
are still aligned to the
interest of the people and
the community.
On CSOs being critical to
the government:
“Mhm, mahalaga yung
papel na ginagampanan
ng mga environmental
groups na, katulad namin,
kasi siya yung
nagsisilbing pang-check
no, doon sa ginagawang
trabaho ng gobyerno.
Pang-check kung…nasa
mandato pa ba at nasa
mandate pa ba nung sinabi
nung mga mamamayan
ang ginagawa ng
gobyerno…” (p.80)
CSOs being Critical of the
Government
4. What are some of the
success stories
experienced by local
organizations in their
campaign against
irresponsible mining?
Subject Interviews Collaboration between
CSOs and Government
On joining AGAP (Kuya
Emerson):
“Yung sa AGAP na yan, natatag na
yan matagal na eh. Ngayon, nung
nagkaroon ng ganyang ano... Na
kumikilos para dyan sa ano...
Nabuo uli yan, hindi na siya
1. Some successful dialogues done with Governor
Deloso
2. DENR Sec. Gina Lopez’ visit to Sta. Cruz,
Zambales to hear the locals’ concerns on mining
3. Forums organized by environmental groups that
are attended by members of local POs.
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 114
disaster committee. Ano na siya,
anti-mining na. Tapos, ayun, nag-
organisado na yung mga tao.
Ginamit na yung organisasyon para
magtulungan yung mga miyembro
ko. Yun yung kaya naano sa
AGAP. Gusto ko silang tulungan,
yung mga tao.”
5. What are the struggles
encountered by local
organizations and CSOs
in carrying out their
advocacy?
Subject Interviews On disunity among anti-
mining groups:
“Ang kalimitan kasing
naninira dito sa amin sa
Malabago kasi ang CCOS
eh. Kasi kalimitan, kagaya
nito may aktibidad
nanaman kami sa
livelihood, ang sinasabi
kasi nila sa nababalitaan
ko, binabayaran daw
dapat halos lahat ng lakad
namin. Hindi! Voluntary
talaga kami, pinaglalaban
namin yung karapatan
namin.” (p.38)
On the lack of
commitment of local PO
members:
“Hanggang ngayon. Kung
minsan nga, parang
bibitaw na nga ako. Bakit
kamo, Cy eh? Watak-
watak narin kami hindi
kagaya nung dati na kapag
Disunity within the
Organization
Disunity among anti-mining groups
> discrediting the efforts of one
group in a LEJM
> assuming all the credits of a
certain LEJM
> some groups vilify the other (e.g.
corruption within the group, being
unorganized)
Inactiveness of Members
Pro-mining groups within the
community – composed of mining
truck drivers and their families
Pro-mining and anti-mining divide
1. Lack of commitment and inactiveness among the
members of local POs.
2. Disunity among anti-mining groups – Move Now,
CCOS, Defend.
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 115
nagtext si Madam Tita,
“O ganito may
pupuntahan tayo. Darating
si…”(p.43)
On the inactiveness of
members of local POs:
“Iilan nalang kami na pag
nagpapatawag ng
meeting, iilan nalang
kayo. Halos wala na sa
ikatlong parte wala na.
Dati ang dami talaga
naming. Ngayon wala na.
Diba nakikita mo sila
noon ang dami. Ngayon
wala na ang hirap nang
magtawag.” (p.44)
“Hamon talaga yung,
kumbaga, pano mo
patatagin ang isang
organisasyon, pano kayo
mananatili sa mga
paninindigan, kasi hindi
naman alam ng ibang
miyembro yung ganung
sitwasyon eh. Atsaka
maipaliwanag din sa
kanila, halimbawa may
mga forum na naattendan
at hindi sila pinalad na
makapunta, kailangan mo
rin iparating sa kanila
kung ano ang nangyari.”
(p.51)
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 116
1. Lack of resources to continue and strengthen
environmental campaigns.
2. Limited media reach as media companies are
largely controlled by capitalists.
Lack of Resources as a
challenge in raising
campaign awareness and
executing activites
6. What are your
proposed solutions on
addressing irresponsible
mining in Sta. Cruz,
Zambales?
Subject Interviews On unifying the people
and the environment of
totally banning mining
operations:
“Kailangan po talaga ng
sama-samang
pagtutulungan, Madam,
upang mapanatiling
mapatigil na yang
pagmimina na yan.”
(p.49)
“Ipriority sana nila kung
ano yung dapat na gawin
ng isang minahan,
kumpanya ng minahan,
para sa ikabubuti ng tao.
Tsaka dun din, support
din sana sila sa mga
mamamayan hindi yung
nakaano lang sila sa
kumpanya.” (p.52)
On supporting Sec. Gina
in her anti-mining
campaign:
“Ang dapat nilang gawin.
Kagaya ng mga ginagawa
nilang pagrarally para
kalampagin nila yung mga
taong iresponsable sa mga
ginagawa nila. Parang
1. Unified aim of banning irresponsible mining
operations.
2. By supporting DENR Sec. Gina Lopez in her
campaign to eliminate irresponsible mining activities
in the country.
3. Stricter process of granting permits to mining
companies.
4. Planting trees and pushing for a rehabilitation
program.
5. Totally prohibiting all mining operations in the
province.
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 117
kumbaga ano, suporta nila
kay Gina Lopez at least
maantig ang damdamin ni
Gina na ganun ang
mangyari.” (p.45)
On the stricter processing
of mining permits:
“Oo nga sana yung
striktong pagbigay ng
permit. Ang mining
naman eh kailangan talaga
natin yan. Eh gusto lang
naman natin, responsible
mining. Dahil wala naman
tayong makukuhang
materyales, hilaw na
materyales kapag walang
mining. Kaso lang ang
gusto lang namin yung
responsible lang talaga,
yung di naninira kung ano
man. Yung kalagayan ng
mga mamamayan ang mas
nangunguna sa kanila.”
(p.6)
On tree-planting and
rehabilitation programs:
“Sa ngayon yung sa
DENR na sinasabi nila
bago sila makakapagmina
eh ginagawan ng paraan
na nagtatanim sila ng mga
punung-kahoy, na parang
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 118
mapapalitan naman daw
yung mga naitumba nila. .
. . Eh dapat yung talagang
mga matitibay na
malalaking puno kasi ang
tinanggal nila doon, dapat
yung ang ibabalik nila.”
(p.6)
On the total ban of mining
operations in Zambales:
“Hindi na magmimina.
Kung ititigal na. Opo.
Atsaka kung yung
binungkal-bungkal nilang
ano, yung hinukayan
nilang lupa is mataniman
uli ng mga puno.” (p.32)
7. How effective are
Local Environmental
Justice Movements in
campaigning the
locality’s anti-mining
sentiment?
Subject Interviews On successful LEJMs:
“Yung sama-sama naming
pagkilos, pagtalakay sa
mga dapat gawin.” (p.33)
On the continuous
expression of the anti-
mining sentiment across
the community:
“Sabagay epektibo yan
kasi siyempre yung mga
ano, kumbaga sa, yung
mga taong hindi
umiintindi jan para
malaman nila na meron at
meron parin na may mga
tao na sumusuporta sa
1. Succesfully carrying out collective action through
rallies and campaigning.
2. Continued anti-mining sentiment expressed by the
Sta. Cruz community.
3. Persistenly educating Sta. Cruz residents to
increase awareness in the locality.
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 119
illegal na pagmimina,
kumbaga sa ano hindi
nakakalimutan, hindi nila
nakakalimiutan na
suportahan ang maling
Gawain na ginagawa nila
sa pagmimina. Kumbaga
sa ano, ano ba, sa
pamamagitan ata ng
pagrarally yun ang
pinahihiwatig nila.” (p.46)
On maintaining awareness
among the locals
regarding the anti-mining
campaign:
“Sa tingin ko naman oo
siguro. . . . Sabagay kaso
ano, isa rin naman sa
naobserbahan ko, parang
mulat din naman yung
mga miyembro, andun
lang yung takot nila sa
gobyerno. Kasi, ang
unang-unang
dinedependahan nila din
yung kabuhayan nila.”
(p.51)
8. How do you perceive
the role of LEJMs and
CSOs in the struggle of
resistance against
irresponsible mining?
Expert Interview “Well crucial, very crucial
no. Of course, the pro-
mining groups will try
discredit the civil society
organizations, but truly
we have to be thankful to
these civil society
Crucial roles of CSOs in
awareness raising,
solidarity building, and in
strengthening the Ant-
mining campaign
Ms. Norie
- Local POs organizing LEJMS:
They’re the ones who directly
experience the impact
- It’s very important to work with
these groups from the ground
1. Initiates an immediate response/action taken to
protect their communities.
2. Ensures the community’s awareness on the anti-
mining sentiment
3. Functions as a uniting force in the community,
fostering solidarity among the people
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 120
4.Bolsters the community’s advocacy and struggle
against mining
organizations, people’s
organizations, not just the
high-heeled groups, but
the people on the ground
– the people’s
organizations, the mass
organizations – for
defending their
communities, including
the indigenous people. If
these indigenous peoples
were not organized,
matagal na siguro ang
kanilang ancestral
domains have been
ravaged and plundered by
this large-scale mining.
Pasalamat tayo at mayron
pang naiiwang mga
grupong ganon na ang
kanilang pananaw ay di
lang panadalian at di lang
to fattened the pockets of
mining executives. So
very crucial. In fact in
recent days no, the civil
society organization or the
NGOs or people’s
organizations are
criticized why are they
part of a mining audit,
they are not experts. I was
saying na this audit is not
only about technical audit.
It’s not only about an
- GTC (Green Thumb Coalition):
strives to amplify the
environmental advocacy of these
LEJMs
> GTC can do lobbying tasks, and
assist in widening media reach
> Consolidate and complement
each other
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 121
environmental audit, a
legal audit. It is also a
social audit. The impact
of mining to that
communities, especially
the communities, the
people. Because before
we think about the
minerals, we think about
paying funds, we think
about water, river, we
need to think about the
people who are the most
affected by the operations
of large-scale mining. So
we have to, in fact, to be
thankful. It’s a thankless
job for civil society
organizations, from
NGOs, like pastors,
priests, and
environmentalists to be
there. Hindi naman sila
binabayaran ng gobyerno.
Dapat na trabaho ng
gobyerno sila pa nga ang
gumagawa no. In fact we
have to put to task these
government agencies
because if they only did
their responsibilities and
duties we will not reach
this kind of, this level of
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 122
problem now.” (p.85,
Cong. Zarate)
“Well, ‘yung civil society
kasi sa ‘kin, may tatlong
major role usually ‘yan
eh. One is create and
preserve knowledge. So
‘yun, documentation,
research, ‘yung ilalagay
mo sa papel at bibigyan
mo ng konkretong… be it
written, or visual or boses
‘yan na nirecord mo,
about the history and the
decision. So creation and
preservation of
knowledge. So in
academic parlance,
research documentation
‘yan. One big role ‘yan.
Second is ‘yung
solidarity-building. Na
‘yung expertise ng civil
societies, is to make sure
na lahat ng hindi parte ng
estado, ng State . . . Third
na mahalaga sa ‘min
‘yung ano… Ayaw ko
namang tawaging
morality. Napaka-ethics
din… Pero to stand up for
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 123
what is true and good.”
(pp.93-94, Mr. Jaybee)
9. How do you view the
framework of the
Philippine Mining Act of
1995?
Expert Interview “Yung Mining Act kasi,
yung kanyang
oryentasyon, mas
kumikiling dun sa
kapakinabangan at pag-
eensure ng profit ng
welfare nung kompanya,
ng kahit anong minahan.
Yun yung kanyang
mismong oryentasyon. At
hindi siya nakabalangkas
na magbigay talaga ng
genuine development sa
bansa, higit lalo dun sa
mga lokal na community.”
p.82, Mr. Karl)
“…the framework in itself
is the cause of the
problem because this
framework is highly-
extractive, export-oriented
framework in the past
several decades did
actually help develop our
country. On the other
hand, it only aggravated
the problems of people
especially near mining
tenements, and as a
whole, our stunted
economy. So in fact, I do
Character of Philippine
mining industry under
PMA of 1995: Unjust,
Destructive, Highly-
extractive, Export-
oriented, Foreign-
dominated, Profit-driven
- Allows the 100% foreign
ownership
- In theory, the division of profit
shall be 60-40
> 60%: Filipino-owned company
> 40%: For foreign
- Permits the mining of 82,000
hectares of Philippine lands for a
period of 25 years, renewable for
another 25 years
- legalizes the exploitation of
natural resources
- Incentives for greater mining
investments:
a. 8-year Tax Holiday that does not
require mining firm to pay its taxes
for 8 years, up until it is able to
recover its capital
b. Auxiliary rights: e.g.
1) Water Rights – mining firm’s
right to own water sources within
the parameters granted by the
concession
2) Timber Rights – right to cut all
trees and logs within the mining
site, as granted by the logging
concession
3) Easement Rights - right to
occupy a land area despite the
existence of resident dwellers
4) Right to use Explosives
1. The mining law principally works under an unjust
framework that does not promote the development of
a nationalist domestic mining industry.
2. Primarily concerned on profit-making and on the
mining companies’ welfare.
3. Only had a little contribution to the country’s
development, while greatly devastating the state of
environment.
4. The framework is destructive, highly-extractive,
export-oriented, and foreign-driven.
5. Only aggravated the problems of people in mining
communities.
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 124
not agree that under this
framework that there is
“responsible” and
“irresponsible” mining
because under that
framework, really, all the
mining activities now in
our country are
irresponsible because it
did not take into
consideration the national
development, our national
industrialization, and even
in many instances, the
human rights of our
people and the future of
this country and the
generations yet to come.
What the current mining
framework is doing is just
to fatten the pockets of
those who own this
companies – both coming
from country and
international. So there is
really a big problem in
this kind of framework
that since it is almost a
century that here mining
in our country, since the
early part of the mining
industry, at least the large
scale mining industry, if
you look at it, even those
communities where they
- Investment Defense Force (IDF):
composed of individuals from the
military and police service who are
tasked to man and protect mining
sites, in the interest of the private
bodies
of mining companies
- 2% Excise Tax (and 5% Royalty)
requirement: only contributes little
to the Philippines’ development
- Philippine Mining Industry could
not be called as an “industry” in
itself since only the extraction
phase occurs in the cpuntry
- Irresponsible Mining: all mining
activities at present are
irresponsible because of their
inconsideration to national
development, national
infustrialization, the human rights
of the people, and the future of the
country
- There is only substantial
improvement in the lives of the
people
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 125
are present you cannot say
that there is really
substantial improvement
in life of our people.”
(pp.84, Cong. Zarate)
10. How do you view the
proposed People’s
Mining Bill?
Expert Interview ““Ayun, yung People's
Mining Bill, ah, yun,
binabago nya yung
framework ng pagmimina
sa atin. So makakatulong
sya dahil ire-reorient nga
nya yung mining industry,
tapos kabaliktaran nung
kasalukuyang balangkas
ng pagmimina. So
titiyakin nya na nasa
balangkas ito ng tunay na
kaunlaran sa atin. Nasa
balangkas sya ng Genuine
Agrarian Reform uhm
kung saan ang unang
pauunlarin natin ay yung
uhm basic at
pinakamayorya sa ating
populasyon, yung mga
magsasaka. Pati dun sa
pambansang
industriyalisasyon, na
kung saan magtatayo tayo
ng mga industriya na
tutugon dun sa mga
pangangailangan natin. So
yung People's Mining
Bill, uhm yun yung
Re-orients the Philippine
mining industry towards a
pro-people and
environment sensitive
approach, which may only
be attained through
National Industrialization
Ms. Norie
- part of the Technical Working
Group (TWG) of the House
Committee on Natural Resources
- at present, there are 4 alternative
mining bills being consolidated in
the Congress
- PMB being anchored on National
Industrialization, meaning, the new
framework on mining will cater the
needs of the country especially in
modernizing the agriculture base
- Alternative Minerals
Management Bill:
> alternative bill proposed by
Alyansa Tigil Mina and other
mining groups
> varies only a little from the
People’s Mining Bill
> aims to have a proper
management of Philippine mineral
resources
1. Reorients the mining industry by shifting away
from the current mining framework.
- totally departs from the current framework of
destructive, highly-extractive, export-oriented, and
foreign-driven
2. Ensures that the framework would attain national
development.
3. Pushes for national industrialization.
4. Supports the basic sectors of the Philippine
society.
5. Conscious of the protection of the local ecology
and the preservation of natural resources.
6. Assures that community consultation and people’s
participation will take place.
7. Promotes for a nationalist, pro-people, and
environment sensitive mining industry.
8. Promotes the utilization of the country’s natural
resources that is aimed to the development of the
country and local communities.
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 126
9. Affirms that there is a need to revisit, review, and
amend the present mining law.
10. Anchored on National Industrialization and
strengthens the agriculture base.
11. Respects human rights and the interest of
indigenous peoples.
tunguhin nyang dalawa.
At yun, bukod dun sa iba
pa niyang provisions na
titiyakin yung uhm
pagsasaalang-alang dun sa
local ecology, at saka
yung uhm pagpaplano
talaga nung uhm pwesto
pati yung pagkuha nung
resources na titiyakin na
uhm minimal yung impact
niya dun sa local ecology.
Kung hindi man, mas
malaki yung ganansya
natin kaysa dun sa
negative na maidudulot
nya. Tapos titiyakin din
yung pagpapasya nung
local na communities.
Halimbawa yung local na
participation na sila dapat
yung magtatakda kung
hahayaan nila yung uhm,
hahayaan nila yung
mining company na
pumasok. Kung hindi
man, kung strategic...kung
of national interest naman
siya, eh di titiyakin na
yung mga lokal na
pangangailangan at saka
yung lokal na mga
concern ay maa-address
nung uhm national
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 127
government.” (.p.78, Ms.
Meggie)
“Well, our proposed
Mining Bill will totally
depart from the current
framework of destructive,
extractive, highly-
extractive, highly-export-
oriented and foreign-
driven. So it’s a total
departure, our envisioned
law is a law that will be
pro-people, pro-
environment, and it is
anchored on national
industrialization, which
means the new framework
on mining will cater the
needs of the country
especially in modernizing
its agriculture base – to
modernize our agriculture
because 75% of our
population is dependent
on agriculture so it
beholds upon us to
develop this economic
base. Otherwise, we will
be eaten up, we will be at
the losing end so ito ang
dapat pagtuunan natin. It
has the human rights
component, other than
that it respects the interest
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 128
of the indigenous peoples.
So ayun, naka-anchor siya
sa national
industrialization. And
apart from that, before we
can embark on national
industrialization, there
must also be a foregoing
and genuine agrarian
reform program so that
this become, will become
successful.” (p.86, Cong.
Zarate)
“Ang tawag d’un ay, ang
official title n’ya,
Philippine Mineral
Resources Act. Blangko.
Depende kung anong taon
s’ya maipasa. So
tinatangka n’yang i-
address ‘yung mga
kakulangan nu’ng
Philippine Mining Act.
‘Yung campaign-wise,
dahil kampanya, ang
tawag naming d’yan,
Minerals Management
Bill. Kasi gusto nga
naming bahguhin ‘yung
debate. Na hindi tayo
nagmimina para
pagkakitaan ‘yung
mineral. Nagmimina tayo
dahil kailangan natin.
The Curious Case of Irresponsible Mining
Canto, C. K. D. | 129
Kaya dapat, ang pananaw,
how do we manage the
minerals that we have. It’s
not that we extract it,
tapos ibenta sa ibang
bansa, but they have to be
sure and clear na
nagmimina tayo for our
own industrialization and
development. Obviously,
‘yung AMMB namin,
Alternative Minerals
Management Bill, it’s not
a popular bill.” (p.89,
Mr.Jaybee)
APPENDIX C:
INFORMED CONSTENT FORM
POLITICAL SCIENCE PROGRAM
DEPARTMENT OF SOCIAL SCIENCES
COLLEGE OF ARTS AND SCIENCES
UNIVERSITY OF THE PHILIPPINES, MANILA
Page 1 of 2 Canto, C. K. D. | 130
The Curious Case of Irresponsible Mining: Examining the Philippine Mining Industry and the role
played by Local Environmental Justice Movements (LEJMs) of Sta. Cruz, Zambales in addressing
Irresponsible Mining as a contemporary struggle in the Philippines
Layunin ng Pag-aaral
Ang Iresponsableng Pagmimina ay matagal nang tinututulan ng ilan sa mga mamamayan dito sa
Sta. Cruz dahil sa mga masamang epektong dulot nito sa kalikasan, kabuhayan, at higit sa lahat, sa tao.
Simula nang maaprubahan ang mga permit para sa pagmimina, tuluy-tuloy na ang pagdagsa ng mga
pribadong kumpanyang nagmimina sa mga lokal na komunidad na nagdulot ng matinding pagsalungat ng
ilan sa mga taga-Sta, Cruz. Dahil dito, naging mas aktibo ang komunidad sa pagsasagawa ng mga kilusan
kontra mina sa pamamagitan ng pagbuo at pagpapatibay ng mga lokal na organisasyon.
Kaugnay nito, nais ko pong pag-aralan ang mga uri ng “Lokal na Pangkalikasang Hustisyang
Kilusan” hinggil sa pagpapatigil ng iresponsableng pagmimina sa Sta. Cruz, Zambales. Bilang researcher,
nais ko pong malaman ang kahalagahan ng mga lokal na organisasyon na nagpupunyaging tutulan ang mga
operasyong pagmimina sa inyong komunidad, at sa kung papaanong paraan po ang mga ito nagiging
epektibo sa pagpresyur ng lokal at nasyonal na gobyerno para sa pagbibigay ng agarang aksyon. Mula dito,
mas mabibigyang kabuluhan ang pag-oorganisa at pagkilos sa lokal na antas, at gayundin naman at ang
papel na ginagampanan ng mga ito sa paglaban sa mga isyung pangkalikasan na kinakaharap ng komunidad
pati narin ng bansa.
Pagpili sa Kalahok
Kayo po ay aking iniimbitahan na maging parte sa aking pag-aaral dahil ang inyong mga karanasan bilang
residente ng Sta. Cruz, Zambales ay may malaking ambag para sa mas malalim pa na pag-unawa ukol sa
kahalagahan ng mga isinasagawang lokal na pangkalikasang hustisyang kilusan para sa paglutas ng mga
isyung pangkalikasan ng iresponsableng pagmimina ng bansa.
Boluntaryong Partisipasyon
Ang inyong partisipasyon sa pag-aaral na ito ay boluntaryo. Kayo ay may karapatang mamili kung nais
niyong lumahok o hindi. Maaari ninyong putulin ang inyong paglahok sa pag-aaral sa kahit kelang panahon
niyong nais.
Babala
Sa mga pagkakataong ang mga katanungan ay nagiging masyadong sensitibo or personal na, maaari niyong
pillin na huwag na lamang sagutin ang mga ito. Kayo po ay may kalayaang tumanggi sa pagbahagi ng
inyong mga karanasan, saloobin, o paniniwala sa kahit anong katanungan.
Mga Benepisyo
Sa paglahok sa pag-aaral na ito, kayo ay nakatutulong sa pag-unawa sa kung papaano gumaganap ang mga
lokal na organisasyon bilang taga-ugnay ng komunidad – sa mga panawagan nito – at sa lokal at nasyonal
na gobyerno. Nais natin mapalawig pa ang kaalaman ng mga tao ukol sa pangkalikasang isyu ng
iresponsableng pagmimina na ating tinatalakay, at nang mapuna ito ng mas nakakaraming tao. Bukod pa
dito, nais din natin na lalo pang maisulong ang adbokasiya na mawakasan na ang iresponsableng pagmimina
kaya naman tayo ay nangangampanya para mas marami pa ang makaintdi ng panig ng lokal na komunidad
ng Sta. Cruz.
INFORMED CONSENT FORM
APPENDIX C:
INFORMED CONSTENT FORM
POLITICAL SCIENCE PROGRAM
DEPARTMENT OF SOCIAL SCIENCES
COLLEGE OF ARTS AND SCIENCES
UNIVERSITY OF THE PHILIPPINES, MANILA
Page 2 of 2 Canto, C. K. D. | 131
Certificate of Consent
Ako ay naimbitahan upang maging bahagi ng pag-aaral, “The Curious Case of Irresponsible Mining:
Examining the role played by Local Environmental Justice Movements (LEJMs) of Sta. Cruz, Zambales in
addressing Irresponsible Mining as a contemporary struggle in Third World Environmentalism.” Nabasa
ko ang mga nilalaman nitong Informed Consent Form at boluntaryo akong sumasang-ayon na maging parte
ng pananaliksik.
Pangalan ng Kinakapanayam:
Lagda ng Kinakapanayam:
Petsa:
(Araw/Buwan/Taon)
Pahayag ng Researcher
Maayos kong binasa ang Informed Consent Form at sa abot ng aking makakaya at sinisiguro ko na
naiintindihan ng mga kalahok ng aking pananaliksik ang mga sumusunod na gawain:
1. Na siya ay magbabahagi ng kanyang karanasan at opinyon na may kinalaman sa pagmimina sa Sta. Cruz,
Zambales.
2. Na siya ay inaasahang magbahagi ng mga aktibidad na isinagawa ng mga lokal na organisasyon na may
kinalaman sa pagtutol sa mga opersayon ng iresponsableng pagmimina sa lokal na komunidad.
Aking pinapatunayan na ang kalahok ay nabigyan ng oportunidad na magtanong ukol sa gagawing pag-
aaral at lahat ng mga tanong niya ay nasagot nang mabuti. Pinapatunayan ko na ang kalahok ay hindi
napilitan dahil siya ay boluntaryong sumang-ayon na maging parte ng pananaliksik.
Pangalan ng Researcher: Cyra Katherine D. Canto
Lagda ng Researcher:
Petsa:
(Araw/Buwan/Taon)
Paano Kontakin ang Researcher
Kung kayo po ay may mga katanungan, maaari niyo akong sabihan sa kahit anong panahon. Maaari niyo
akong maabot/kontakin sa pamamagitan ng mga sumusunod:
Cyra Katherine D. Canto
0906 277 0087