The struggle of the Kibungan Indigenous People against mining The sustained struggle against mining in Kibungan needs to be brought to the limelight because of the ugly scars made by the Boneng Mines that started in 1974 and stopped operation in 1982 due to management problems. This report aims to showcase the struggle of the Kibungan IPs against the intrusive Mining investors who have no knowledge of the customs, traditions, beliefs and practices of the IPs. This ignorance amounted to gross violations of IPs Human rights, cultural integrity, domains and self-determination. The chronology of events that happened as years pass by showed how the IPs fought to preserve their domains and the environment. The claims of the company that mining brings progress and development to kibungan have never manifested. Restoration of damages done by the companies that explored and operated there were just a myth. Mining in Kibungan only exacerbated the poor condition of the place into dire poverty and sufferings of the Kibungan People due to Mining investor’s neglect. It’s not only in the physical environment that these scars are visible and felt but also in the minds of these indigenous people. The abandoned, unrestored huge open pit, the tunnels that damaged the aquifers, forest denudation, diversion of water sources and dams for the mine silt affected and dwindled their water for domestic and agricultural use. The lively hood generated by the mining company was not sustainable albeit made the town poorer. The socio-culture of the original indigenous people of the place was compromised due to the introduction of other cultures that resulted in a confused state of awareness between the original and the resulting present culture. A very peaceful people and a beautiful place turned into hostile and vigilant IPs who are suspicious to mining, its personnel and pro mining advocates. Despite the absence of mining operation in this municipality for 28 years it has managed its resources. There are marked improvements in the lives of the people in the field of education, housing, infrastructure, health, Livelihood and the environment. I. HISTORICAL BACKGROUND A. The Name of the Municipality History recalls that as early as 1800’s Kibungan was originally a virgin forest where feared headhunters called ‘busol’ were common. The hunting activity caused some hunters from Mankayan, Buguias, and Bakun to move southward and settle in the virgin forests of Kibungan. Accordingly, the origin of the name “Kibungan” was given by an American writer who visited the place and observed the customs and traditions of the inhabitants. During his stay in the community, he often heard sounds of gongs that echoed on the mountainsides during cañaos. The sounds he heard from the playing of the gongs formed in his mind a seemingly “ki-bong-ki-bong” rhythm thus he named the place “Kibungan”. Some old folks however claimed that the name Kibungan was derived from a certain species of monkey locally known as “Kibengan”, commonly found in the virgin forests. As the years passed, more hunters settled in favorable places to establish their kaingin farms and settlements. This led to the establishment of communities now classified into seven (7) barangays namely: Badeo, Lubo, Madaymen, Palina, Poblacion, Sagpat and, Tacadang. B. Creation of the Municipality Historical records show that before Kibungan was created as a municipality on November 22, 1900, it is one of the original thirty-one (31) “Rancherias of the Distrito de Benguet,” during the Spanish regime. When the Americans came, the Philippine Commission of the first Philippine Civil Government enacted Commission Act No. 48 on November 22, 1900, which led to the organization of local civil governments into townships with appointed leaders called ‘President’. In recognition of the above significant event, the Sangguniang Bayan or the Municipal Council enacted Municipal Ordinance No.5, S. 1995 declaring November 22 as Kibungan’s official foundation day. The said act was favorably approved by the Provincial Sangguniang Bayan of Benguet. To date, Kibungan is among the three municipalities in Benguet that were awarded the Certificate of Ancestral Domain Claim (CADC) as provided by the 1987 Constitution Section 22 Article 1 and Section 5 Article XII which mandates the National Government to recognize, promote and protect the rights of the Indigenous Cultural Communities. At present, the elected officials and the whole tribal community are again working together in processing their CADC to a Certificate of Ancestral Domain Title (CADT) which is pending before the NCIP office. C. Sites of struggles The people of Kibungan are members of the Kankanaey igorots. Benguet is divided by three tribal groups namely, Ibaloys,Kalangoyas and Kankanaeys. Kibungan is occupied mainly by the Kankanaeys. There are seven SOS barangays in Kibungan. These are listed and described as follows: . Badeo with a population of 840 with a total household of 161 and with a land area of19.91 sq. km. It is mainly an agricultural barangay. The main products like the other Barangays of Kibungan are chayote, cabbage, potato, camote / cassava, rice, carrots, peas, lettuce, legumes and others. . Tacadang with a population of 1,880 with a total household of 385 and a land area of 39.19 sq. km. The main occupation of the people is farming. . Poblacion with a population of 2532 with a total household 511 and a land area of 3919 sq. km. most of the people are engaged in agriculture. . Sagpat has a population of 3101 with a total household of 585 and a land area of 35.62 sq. km. most of the people are farmers. . Lubo has a population of 1255 with 234 households. It has an area of 15.31 sq. km. The place is an agricultural barangay. .Madaymen is the most populated with 5875 individuals with a total of 1095 households and a land area of 115.56 sq. km. this barangay produce most of the commercial vegetables that are marketed in Metro Manila. Note: Please see the Municipal profile on additional and detailed information on the 7 SOS Baranggays. D. Mining in Kibungan There are 16 mining applications and explorations in Kibungan aside from the 27 patentable claims of Mariano Tercero and 54 additional claims approved were approved in 1968. There were series of events with intermittent brushes of aggressive behavior by the IP residents of Kibungan from the commonwealth period till the present. The entry of DAGAMA mining ventures in 2010 precipitated more struggles of the Kankanaeys in Palina, Kibungan. There was physical resistance by the people against the personnel of DAGAMA by the IPs that became violent. The PNP has to intervene to maintain peace and order and prevent bloodshed. Let us turn back the pages of time to understand why these people are so vehement in opposing the entry of mining investors in their place. Even as early as 1933 the people of Kibungan are opposed to mining they consulted and negotiated with mining concessionaires to desist from their plan to operate a mine firm in their place. Letters of opposition and endorsements by local officials were sent to concerned agencies of their opposition to mining explorations. In 1962 t0 1964, exploration by the Regallian Mining operated by Philex Mining company conducted explorations in Palina because a town mate who is a geologist by profession convinced the people that there is no adverse effect of explorations and mining operation. The people out of their ignorance agreed to Philex to conduct exploratory works in the area. Philex did not continue to operate an extraction because they claim it is a losing venture. It was later found out later that the geologist was lying because live springs dried up because of Philex mine drilling explorations. In 1974 to 1982 Boneng mines was opened operated by Western MINOLCO despite opposition and protest by the residents of Palina and Madaymen. They cannot do otherwise for fear of what the government will do since that was the time of the Marcos regime. The effects of the mining operation resulted in so many accidents. There was a time when 306 people were poisoned in the late 70’s. Major rivers dried up because of the diversion of water by the mining firm. Aquifers were affected because of the underground tunnels and the open pit. The people realized that water supply had decreased because of the passed mining activities. Toxins were found in the water bodies and lastly many people were displaced who migrated to Nueva Viscaya and Pangasinan. There are attempts to revive the abandoned Boneng mines but the people have learned a lesson and are no longer interested in welcoming mining operations. A personnel of Philex mining company was very insistent in getting samples as there was a plan to reopen the Boneng mines under a new management. The arrogant personnel was hurt by the residents as a warning that they do not like mining investors coming to their place and take mineral samples. The unity of the people was galvanized when the IPs of Palina, kibungan through PIPCA gathered to block and protest the entry of DAGAMA, a mining investor who surreptitiously wanted to enter the place with a tainted mining permit to explore minerals. FACT SHEET Project name: a. Boneng mining ventures b.Benguet management Corp c. St Anthony Gold-copper project d. Oxiana-Oz Type of Minerals: Gold, silver, copper and etc. Area of coverage: Name of Company: a. 132 hectares for Boneng b. 23,961 hectares for BMC c. 3, 494 hectares For Dagama d. 6,845 hectares for OZ e. 59,187.5506 hectares for Horizon a. Western MINOLCO b. Benguet Management corporation c. Dagama-Solfotura d. Oxiana or Oz mining e. Horizon Resources Corp. Status of the mining operation: a. abandoned in 1982 b. Abandoned c. Idle up to the present d. for FPIC e. for area clearance The following are the list of new and present applicants for exploration permits in Kibungan. Tenement ID Tenement Holder Location: Area (has) Status APSA 022 Gregorian Mining co Sakaang Kibungan 648 under area clearance APSA 060 Boneng Mining Ventures Kibungan and Atok, Benguet 1530 -do- APSA 088 Gregorian mining co. Kibungan Benguet 544 -do- APSA 089 NALIPCA Mining exploration Kibungan Benguet 485 -do- APSA 090 INA Mining exploration Kibungan Benguet 284 -do- APSA 091 Regallian mining Kibungan Benguet 55 -do- APSA 094 Sakaang Mining Ventures Inc. Kibungan Benguet 72 -do- APSA 105 DAGAMA BAkun,kibungan benguet 3494 For issuance of permit undergoing NCIP requirements EXPA 001 Oxiana Phils Inc. . Bakun,Kibungan, Mankayan Benguet 6845 For issuance of permit undergoing NCIP requirements AFTA 027 Horizon resources corp Bakun,Kibungan Kapangan, Trinidad, Tublay. 59,187.5506 Under area clearance The mining ventures covered by APSA 22, 60, 88-91and 94 are owned by claimants who are Filipinos registered with the Securities and Exchange Commission. The usual modus operandi of these companies is to tie-up with foreign partner companies who have the resources to operate large scale mines. It is important to take note of the mining companies who have the resources and are eminent operation. Company information available (profile) DAGAMA ,a Filipino owned mining venture in partnership with SOLFOTURA a Canadian mining firm with office address at 10/F, SSHG LAW CENTER, 105 Paseo de Roxas ST, Legaspi Village, Makati City. Brian Lueck, President and Director, Chief Operating Office. Brian Lueck is a registered member of the Professional Engineers and Geoscientists of British Columbia, Canada. He is currently President and Chief Executive Officer of Solfotara. In the 1970’s and early 80’s, they operated the 18 sq kilometer copper and gold Basay project located at Negros in the Visayas. The abandoned project is still unrestored with its gaping open pit and degraded surroundings. The other 3 copper and gold projects are still in its inception. Kilong-Olao located in abra consisting of 24,587 has (246 sq. km). Biliran Epithermal Gold project in Leyte with 12,418 has. (124 sq. km) and St. Anthony and Ampusongan Copper-gold porphyry Deposit with an area covering an area of 4,099.6 has. It has a pending MGB Case No. 10-02. For purposes of the Kibungan IPs struggle against large scale mining let the St Anthony gold-copper project details are posted below. Highlights • Extensively drilled gold-rich porphyry deposit at St. Anthony with historical resources1 of 65 Mt @ 0.29% copper and 0.37 g/t gold, which compares well with the wireframe resource in the NI 43-101 report from October, 2009 showing 61.3 Mt @ 0.30% copper and 0.37 g/t gold. • St Anthony is covered by an approved Mining Lease Contract valid until 2012 (after which it will be converted to a Mineral Production Sharing Agreement as per the Mining Act of 1995). • St. Anthony has a low strip ratio (less than 2:1) with the ore deposit outcropping (no large pre-strip required) • The Masalin prospect is a poorly drill-defined, potentially large porphyry copper-gold deposit on the Ampusongan tenement • There is excellent potential for additional large porphyry copper-gold deposits adjacent to St Anthony at Ampusongan (the Eastern and Northern prospects respectively) • Strategically located within the core of the Central Luzon Cordillera mineral belt St. Anthony - Previous Work Initial rock chip sampling was carried out over the area in 1962. A short drilling program followed. Philex subsequently conducted systematic exploration in 1969 using a combination of geochemical sampling, IP surveying and surface geological mapping, adit development and diamond drilling. Between 1969 and 1974, Philex drilled a total of 58 vertical holes (15,459m) on a nominal 60 m grid, and developed 10 exploration adits (1,017m). Based on the drilling and tunneling described above, an historical indicated resource of 80 million tonnes grading 0.4% Cu and 0.4 g/t Au was estimated by Jacinto in 1975. No further work occurred on the property from the mid 1970’s until 1980 / 81 when Philex completed a further 10 drill holes. This drilling was followed by an updated resource estimate and further metallurgical test work in 1982. Philex reviewed the project again in 1985 and conducted additional economic evaluations. The leases over the deposit at this time were held by Gamban Mining and Development Corporation / Geodata Mineral Resources Co. Inc. who completed a feasibility study complete with mine plan and process plant design in 1984, the key points of which are summarized below: Summary of feasibility studies completed by Gamban Mining and Development Corporation / Geodata Mineral Resources Co. Inc. : Gamban Mining / Geodata - Summar of Key Paramters of the completed Feasibility Study (1984) Activity Outcome Geological Reserves used in pit design (non-JORC) - 53Mt @ 0.33%Cu; 0.48 g/t Au (at a 0.2% cut-off grade) Mine Plan - Ore production rate 3.5 Mtpa, open pit @ 1:1.7 strip ratio - 15 year mine life - Pit design includes overburden stripping, roadway cut to waste dumps, low grade (cut-off) sections and waste inclusion within the ore body Metallurgical Test Work - Standard flotation; recoveries Cu 85 %; Au 40% - Concentrate greade: Cu 28% Au ~20g/t Plant Design - 10,000 DMT per annum - Process Plant Design includes: Multi-stage crushing, single stage grinding, copper flotation & re-grind mill Forecast Annual - 16,000 t Cu - 60.000 oz Au - 90,000 oz Ag Costs (capital / operating) Historical operating costs, infrastructure and project development costs estimated Summary The St. Anthony Deposit is a well-defined copper-gold porphyry. Extensive metallurgical and engineering studies have been conducted and two feasibility studies have been completed. The St. Anthony project can be fast-tracked to production through confirmatory drilling and metallurgical studies followed by a modern feasibility study. Ampusongan - Previous Work The Ampusongan area was explored by several companies in the 1960’s and 1970’s, including Philex, Filmag, Benguet and KAPECO. Most of the work focused on the northern Masalin prospect with lesser work conducted on the Eastern and Northern prospects which lie immediately adjacent to the St. Anthony lease boundary. Exploration activities included geochemistry (stream sediment, soil and rock sampling), an IP survey and drilling. These programs delineated an anomalous area, measuring 2000 m N-S by 200 m wide, centered on an altered diorite body along Masalin creek. In 1974 Dr. Luis Ynigo reports for KAPECO that 745 soil samples were collected over an isometric grid measuring 1.8km north south by 0.8km east west. Copper values ranged from 10 to 6400ppm outlining a significant copper anomaly centered on Masalin Creek.). Further follow up rock chip samples yielded values up to 23% copper within pockets of “near massive sulphide mineralization”. Summary Geologists from the Bureau of Mines and Geosciences assayed 11 rock-chip samples, which returned copper values of up to 0.30% and gold values up to 2.25 g/t. Based on their field observations, sample results, and results of the four old drill holes, the Bureau of Mines geologists concluded that the Masalin area had the potential to host a large porphyry copper-gold system containing on the order of 300 million tons of mineralization grading about 0.5% copper and 0.6 g/t gold. Evaluation of the Eastern and Northern mineralized zones concluded that smaller porphyry targets existed in those areas. Capital Structure Shares Outstanding 60,983,749 Warrants 29,227,344 Fully Diluted 90,211,093 Cash and Marketable Securities $4,000,000 Oxiana Limited – Name changed to OZ Minerals Limited is an Australian based mining firm. Terry Burgess is the Managing Director and CEO. This company has a mining project in Kasibu Nueva Viscaya facing stiff opposition from anti mining advocates due to human rights and environmental violations. OZ Minerals Level 10 31 Queen St Melbourne VICTORIA 3000 AUSTRALIA Telephone: (61 3) 9288 0333 Facsimile: (61 3) 9288 0300 Email: info@ozminerals Postal address: GPO Box 1291K Melbourne Victoria 3001 Rachel Eaves Head of Public Affairs and Sustainability Telephone: (61 3) 9288 0333 Email: rachel.eaves@ozminerals Horizon resources corporation Horizon Resources Corp. is based in the United States. 1546 Cole Bouleverd Suite 255 Golden, CO 80401 United States. Key Executives for Horizon Resources Corp. Horizon Resources Corp. does not have any Key Executives recorded. Bloomberg business week Horizon Resources Corp. INSIDERS ON Board Members There is no Company Insiders data available. Horizon Resources Corp. Key Developments SEC Revokes Registration of Securities of Horizon Resources Feb 5 13 An Administrative Law Judge, acting pursuant to Section 12(j) of the Securities Exchange Act of 1934 (Exchange Act), issued an Order Making Finding and Revoking Registrations by Default as to Horizon Resources Corp. The default Order found that the company had securities registered with the Securities and Exchange Commission (SEC) pursuant to Section 12(g) of the Exchange Act and had failed to file the periodic reports required by Section 13(a) of the Exchange Act and Exchange Act Rules 13a-1 and 13a-13. E. Impacts of Mining Affected sectors: The IPs were mostly affected by the mining operations and explorations in Kibungan. These are members of the Kankanaey tribe of Benguet Igorots who occupy most of the areas in Kibungan. Name of organization: IPBLKBA of Lubo, PIPCA of Palina where the conflict is located at present and recently organized MIPCA of Madaymen. Location: 7 Barangays of Kibungan Number of affected families: 3,532 Number of affected individuals: 16,850 Possible displacement: more or less 8,497 individuals and more or less 1,610 families Photos on the barricade Environmental impacts: The Mountains that are vast natural reservoirs that will be damaged if drilling experiments will continue. The mountain springs that are tributaries of the rivers will dry up due to denudation of the forest which act as water catchers from the rains and passing clouds. Some residents of Kibungan who are elders and ordinary IPs were interviewed on their views regarding the effects of mining on the environment, socio-economy and socio-cultural changes that mining can bring. Mr Tilver Baniaga from Madaymen who is an Engineer-Farmer said that there will be climate change because the mountains will be destroyed. Mr. John Olayo from the same place who is a farmer and the incumbent president of MIPCA claimed that mining will make water disappear and it will make life miserable. Water is life because it is for drinking and watering the vegetables. Mr. Elizalde Dao-anis an educator from barangay Poblacion claimed that harmful chemicals are released from the mines, acquifers are destroyed by mining operations. Ms. Herly wance of the same Barangay also supported Dao-anis claim. Mr. Lominio T Balang of Badeo said the beauty of the place will cease to exist, natural air will become polluted that can cause sickness to the residents. The rivers will be affected too. Mr. Roger Tugade of the same place seconded Balang’s comment that the rivers will be destroyed by mining. Mr Oswaldo Panggayan and Jose Gallano from Palina said that the domains are owned by the future generations and it must be protected from destructive mining. Written Report on the Interview Conducted In Tacadang, Kibungan on LARGE- SCALE MINING The interview is supposed to be done individually since there are many people in the area where the interview was conducted. (there is a “gotud”, a religious ritual) so it was decided as a group interview. Mr. Lunisio Manguray, Ms Delia Lab-oyan, Mr. Luis Lestino, Mr. George Tibangay and Mr. Joseph Dayso led the community in answering the questions done in the kankanaey dialect. These individuals also served as interpreters. “Cnuy kanimniman u sin Large – Scale mining ay kananda?”(What are your ideas on Large – Scale mining?) This was the first question that was asked during the interview. The community people share the same answer. “Nu mabalbalin magay mining” (“if possible no to mining”) they said. Their comments on the effects of large- scale mining are divided into the following aspects: a. Environment “Nu way minas et matdok din danum” (If there will be mining the waters will deplete) they said. Further, they said that mining may create tunnels that can cause sinking in their place. “Dadaelen din minas adi nan lugar mi nu itulok mi” (“Mining will destroy our place”). “Narugit di minas” (“Mining is polluting”) b. Economic “Wen pai adi, wada di paki purdiyaan nu way minas ngem adi bumayag” (“Mining can bring employment but it is short term”) they said. “Layden mi pai adi ay umali di kalsada sina lugar mi ngem baken san minas” (“We want that road will come to our place but not mining”) the community voiced out. c. Social “Ma –ewed di urnos di umili nu way minas sinan lugar mi” (“There is no unity of the community if there will be mining in our place”). “Dakami et yan baka makaan kami sinan lugar mi” (“We might be displaced here in our place”). “Adi kamin to man aamu nas adi” (“We don’t know each other if ever”). d. Cultural “Din payew anguy di pan al alaan mi si kanin mis na sunga nu ma minas et makaan din danum yan ameyan mi ngay? Sinay da nan payew yan ubla da din te- eng mi sunga nu mabalin yan protektaran mi ta para sin anan ak mi abu. Nu way minas et mamaga din tradition mi. Man baliw da din ipugaw sina nu way minas.” (“We get our food from the rice fields and if there is mining water will disappear so where shall we go? This rice fields are works of our ancestors so we need to protect them for our children also. If there will be mining in our place, our tradition, beliefs and practices will be lost.”) Socio-economic impacts: The main source of livelihood of the IPs of Kibungan is agriculture mainly vegetable production and rice culture. Mining operation again of the place will turn back the gains the people into quandary. The disruptive effect of mining is negative in the progress of these people since the sources of water that was left untouched by the previous mining operation will be sucked resulting in scarcity of water which is the main support of the IPs lifeblood. The residents have already established their sources of livelihood which is sustainable than the mining industry. The People interviewed from Poblacion, Madaymen and Badeo have similar views on socio economic impacts, such as water sources will be depleted and vegetable production will decrease. On employment, not all are employed but only those who have the skills needed by the mining company. They claim that scholarships clinics roads and etc. are just sugar coats by the company. The government agencies can do all of these but they are doing the opposite one of them said. The mining is not sustainable it will just make the community poor and unstable. They also believe that displacement can occur if Mining will be opened in their area. Socio-cultural: It is undeniable that in every community there are sectors especially the officials of the local government unit and concerned agencies who for the money work against the welfare of their constituents and the IPs in general. This resulting conflict of interest creates animosity, disunity and suspicions among IPs themselves. The power of the local leaders who maintain influential followers in the community can wield influences that sway people towards destructive mining in the future. This is the fear that the majority who wanted to avoid mining because it will erode the gains the people made since mining companies stopped operations. The interviewees were more or less in one accord regarding the sacredness of their Domain. They venerate their dead as though they are in constant contact with them. That is one reason they are negative to mining because it will displace their burial grounds. They fear that that their cultural traditions and practices may disappear. They believe that the unseen spirits are found in their domains and they can bring good luck and cursed if their abode is disturbed. One of them said that as a result of migration the original culture will be replaced and the original one will be erased. F. Responses to Mining Focal organization The Indigenous People of Barangay Lubo Kibungan Benguet Association (IPBLKBA) is an organization of IPs in Lubo kibungan who opposed mining in their locality by writing petitions to the different government agencies to stop the Mining explorations in their areas. Actually the members of this organization also come from the municipality of Atok and Kapangan who are affected by mining operations. According Randy Belardo, the President of IPBLKBA, he said that before the members were mostly pro mining but he negotiated with the neighboring areas possibly affected by mining to join in their struggle. They prevented mining firms from entering their area by rejecting their visits and writing petitions opposing mining. The residents wanted the tailings to be removed from their rice fields so that they can plant them again. Boneng mining company just left the area without any rehabilitation in as much as it allowed its tailings to ruin the IP rice lands. According to some residents near the area and well-placed sources, the organization is presently trying to negotiate with some Chinese and Japanese investors to haul the tailings that covered their rice fields at the price of 10 million pesos but the present Municipal officials took over the negotiation and wanted 30 million without providing a share for the people who owned the silted rice fields. Palina Indigenous People community association (PIPCA) is another organization in Palina Kibungan organized and registered with the Securities and Exchange Commission. The officers of the organization stood firm in their principles despite all odds of indifference surreptitious acts by pro mining barrio fellow IPs. Despite several criminal cases that were filed by the mining investors against its officers they remain unfazed and fought the legal battle for a couple of years until they won the case. They refused bribes by pro mining cohorts. Madaymen Indigenous People community association (MIPCA) is a recently organized group purposely to oppose any form of mining in Madaymen Kibungan. Partner organization There are clusters of organizations working closely to help these distressed IPs find their peace by collaborating with them and political leaders as well as government agencies to make Kibungan a no go zone for mining. Names of Organizations: IGROTA is the present focal organization under the PMPI cluster. Igorota Foundation Inc. (IFI), is a nonprofit organization that works for the protection of ancestral domain. It was set up on 1987 and anchored on three issues, namely: Women’s issues, Indigenous People’s Issues, and Spirituality. It carries out advocacy, training, research and networking activities to advance the concerns and issues of indigenous people of Cordillera. IFI assists women’s group and indigenous people’s organization to apply for their titling of their ancestral domain and provides technical inputs in the preparation of their ancestral domain sustainable development plans. It also facilitates the strengthening of IPOs, women’s group. With mining, IFI provides Information, Education, Campaign (IECs) in promoting their rights as indigenous people and in protecting their ancestral domain. More so, it strengthen the groups and linked them with networks that would provide supports. IFI facilitate the submission of petition to pertinent agencies. IYAMAN Inc. was organized in 1997 and its office is located at La Trinidad, Benguet. As of now, it operates in Benguet particularly in Bakun, Atok, Tuba, Tublay, Mankayan, Kibungan, and Bokod but the municipalities it caters changes or is being added depending as to where the scholars come from. It was registered at Securities and Exchange Commission on June 2001. And on April 2012, a MOA was signed between the DSWD and the organization in recognition of the latter’s active implementation of its programs and services to the people. Furthermore, DSWD acknowledges IYAMAN Inc. as an active member and partner of the government in achieving an empowered and sustainable community. BENETEN or Pakedlan di Benguet Network for the Environment, Inc. is a group of individuals and non-government organizations in Baguio and Benguet that has an advocacy for the protection of ancestral domain from exploitation and destruction, registered with SEC founded on the year 2012. The NGO members of the network include the IGOROTA Foundation Inc., IYAMAN Inc., Community Volunteers Missioners and the Diocese Social Action of Baguio. CVM or Community volunteers Missioners with office address at BSBT College, registered with SEC founded on the year 1987.It’s a pro community organization with the advocacy centered on IP concerns and the environment. It has participated in the Information and education campaigns of the IPs in CAR. On recent activities it offered its technical and legal assistance to different IP communities. It conducted researches regarding mining issues and environment concerns of IPs in Benguet, mountain Province Kalinga and in Abra. Other Anti mining groups The social action center of the Roman Catholic Church is in solidarity with the anti-mining advocates and POs. they are opposed to mining in Kibungan. The barangay and municipal officials are also anti-mining. They came up with many resolutions rejecting the exploration permit application of the mining companies. Petitions were also sent to national offices and agencies on their anti-mining concerns. Key events from 1933 t0 2013 On 1933, twenty seven patentable claims were registered by Mariano Tercero and several lot owners. The people of the community advice Tercero and the others that mining has its bad effects as experienced by others. The mining claimants including Tercero were convinced and instead joined the anti-mining groups. On 1936, Honorable Bado Dangwa was the Benguet Provincial governor at that time went to Tabbac Kibungan and tried to convince the IPs to give way for the mining investors to operate in their area but the people stood firm against mining. On 1962, the Regallian mining corporation agreed to pursue the Philex mining claim in said place but the people vehemently refuse to allow their place to be explored. They physically hurt a certain casual employee of Philex mines and captured their equipment’s and deposited them at the barangay hall. The residents claim that their potable water supply will be affected as well as the irrigation system for the rice fields will dry up. Philex offered Mr Olayo an IP of Kibungan to become the President of the company to be opened if he can convince the people to give up their lands for mining operation. He fooled his fellow IPs and because of their ignorance, they allowed Philex mines to explore their lands. On December 1, 1964 Mariano Tercero as attorney in fact reversed his principle and entered into an optional agreement with the Philex mining company with his 27 patentable mining claims. The result of the agreement resulted in Explorations that were conducted in Kibungan specifically in Tabac Palina. On the year of 1964 Regallian mining operated by Philex explored Palina and Madaymen. On 1968, 54 claims were registered as new additional KB mineral mining claims. The people protested but their petitions were not grunted a total of 81 claims. On 1974 to 1982, Boneng mines operated by western Minolco was opened in Lubo Boneng Kibungan. The company was able to operate under the principle of the regalian doctrine since the IPRA Law was not yet passed. The IPs were divided since they do not know yet the negative effects of big scale mining in their locality. Ultimately the pro mining IPs won by selling their rights to the company who were paid measly sums of money. It allowed the company to use their fields as siltation dams. In the meantime Philex mining company was digging two tunnels in Tabac that was supposed to pass through Saka-ang, Madaymen but the people of saka-ang vehemently opposed it. Lakay Bawbawen an elder told the company to count the total number of persons in saka-ang and construct the same number of graves for their burial if they insist on tunneling saka-ang. Lakay Akyapat also said that many are prepared to die if they will tunnel saka-ang. The project was stopped because the plan of Philex to connect Tabac via Saka-ang to the open pit in Lubo did not materialized. If Philex succeeded in this plan, most of Barangay Madaymen, Lubo and Palina would have been swallowed in an open pit. On 1979 Benguet management corporation through its healed Lumber managed by Kairuz entered Kibungan for the purpose of operating a logging concession. The residents climbed the mountains to oppose the entry by destroying the tramline jump pole at Lamagan. They reasoned out that the logging will destroy the forest cover and it will affect their water supply that irrigates their rice fields. On 1987 to 1989 GAMBAN represented by Delfin Comedes came to Palina to consult with the residents for a mining operation but the people refused any offer. On October 8, 2004, HFM or Geodata mining company Corporation headed by Mr Adrian F Smith wanted to operate the mining claim of Gamban at Tabac but the people opposed it and did not allow Smith to make exploration and sampling. February 10, 2006, an FBI was conducted in Palina by the NCIP for DAGAMA but the people are negative to mining. On March 1, 2006, NCIP and ATLAS mining visited Palina for a consultation on mining but the people are very negative on the mining agenda presented. September 25, 2009, Dagama met with the residents of Palina at Tabbac Elementary School but instead of a consultation the company started presenting their work plan claiming that their documents are complete. It resulted in a shouting match instead of an orderly consultation process. On March 12, 2010, NCIP and DAGAMA conducted another consultation at Tabbac bunkhouse of philex with the barangay officials of Tabbac and Madaymen and Ampusongan but all the more the officials stood pat on their opposition to mining. On April 28, 2010, the army and PNP arrived at Tabbac. The company came later that day and brought with them drilling equipment. The NCIP happened to be there for a visit. When the residents realized what is happening, they did not allow the mining equipment to be unloaded but some piping materials were already unloaded. With the intervention of the Governor and with the presence of the MGB, Army, PNP, Bakun and Kibungan Barangay officials, Mendoza, the consultant of the company agreed to pull out its equipment and bring them to Ampusongan Bakun. They were accompanied by the PNP and local officials of Palina and Ampusongan until it was delivered and secured by the company. On April 29, 2010, at dawn 2 AM Personnel of DAGAMA tried to enter the mining site but they were opposed strongly by the community. This prompted the residents of Palina to file criminal and civil cases against the DAGAMA mining company but they decided to back down. Instead it was the intruding company that filed several criminal cases against the residents of Palina. This was the first illegal attempt of the DAGAMA Company to enter the Mining site. On June 18, 2010, DAGAMA requested that leaders will be chosen from Palina and Madaymen with the help of the mayor of Kibungan. On June 23, 2010, the appointed leaders met with MGB and the company. The company and MGB made a presentation to the leaders but still they maintained their negative stand to mining and explorations. Madaymen and Palina leaders walk out on this consultation meeting and only 3 pro mining persons remained. On June 25, 2010, DAGAMA started to make trails in the area and the residents stopped the workers from proceeding. On June 26, 2010, DAGAMA and the company lawyer Julius Calumna with the CPLA and a retired colonel came to Palina and assisted the workers. The residents are prepared to drive away the company workers but the PNP intervened so that no untoward incident happened. This is the second forceful attempt to enter the mining site by the company. On July 1, 2010, NCIP informed the residents that they made a recall order regarding the deed of assignment between GAMBAN and DAGAMA. The lease between the two mining companies was not approved by the DENR. On July 2010, DAGAMA armed with a MOA with land owners from Ampusongan Bakun represented by councilor Marjory Bayudang approached the officials of Palina. They wanted to prove that the land owners of Tabbac owned the drill site in question but the Palina officials insist the drill site is within the Palina boundary. The company showed a certification from DENR that the drill site is a public forest land but the disagreement turned sour. On July 15, 2010, the pro mining land owners of Ampusongan Bakun made a petition manifesto that drilling operation and other activities has no adverse effects on the environment. But the anti-mining believed otherwise because the springs in inuman where they use to drink fresh water dried up after the drilling operations of Philex mining company in the 70’s. They added that the pro mining advocates are lying because Sitio Poen of Palina sank due to mining activities in 2002 where 63 households were affected and 72 families were relocated. On July 22, 2010, PIPCA made a petition letter to the DENR Secretary Ramon Paje to refrain from approving the deed of assignment dated July 31, 2007 entered between GAMBAN and DAGAMA. On July 29, 2010 NCIP manila gave GMDC (GAMBAN) a certification provided they will conduct a project presentation to the community for purposes of transparency. The company made a try to consult the residents but it was vehemently rejected. On August 3, 2010, the regional director of NCIP car received a letter from DAGAMA that they will embark with the information dissemination campaign. On august 9, 2010, the council of elders from Tabbac-Lamagan and Palina were gathered at the provincial Capitol to sit with the Board members to present the petition of PIPCA that they strongly protest and stood pat on their anti-mining stand against explorations and mining operations. On August 10, 2010, Governor Nestor Fongwan wrote a letter to GAMBAN President Comedes that there is a need for a consultation with the IPs of Palina and Madaymen to determine its social acceptability to the members of the host community. On August 5, 2010 warrant of arrest was issued to Jose Gallano and 7 other accused. On August 16, 2010, the residents of Lamagan,Tabbac, Palina were alarmed because of the warrant of arrest was served on the alleged cases of Robbery, Malicious mischief, with force coercion, illegal detention and violation of R.A. 7942 that was filed in court by DAGAMA. The accused subsequently filed bail bonds for their temporary release. August 19, 2010, PIPCA through its President Mr. Gallano wrote a letter to DENR Secretary Ramon Paje not to approve the lease contract between GAMBAN and DAGAMA. On august 25, 2010, Board Member Johnny Waguis chairman on IPs, Board member Benjamin Saguid chairman on the committee on environment and his vice Board Member Conception Balao visited Palina to determine the controversy that the drilling operation is within Palina instead of Bakun. On august 27, 2010, PIPCA received a letter from MGB-DENR Manila that the lease contract between GAMBAN and DAGAMA is not yet approved which is good news to the accused and the anti-mining groups. On September 14, 2010, PIPCA met with Brian Lueck President of Solfotora DAGAMA Mineral Inc. Lueck promised them that they will not enter Palina but to concentrate in Ampusongan Bakun. But Lueck violated his promise to PIPCA because a year later he tried again to find ways to enter Palina using the pro mining groups of Bakun. On august 24, 2011, DAGAMA on its third attempt tried to enter Palina but failed due to the strong opposition of the community. The women sat on the road in front of the company trucks so that they cannot move on. This prompted another civil case for damages and injunction to be filed by DAGAMA against the members of the community at RTC La Trinidad. It was dismissed so it was filed again at MTC Kapangan. This subsequent legal action by the company that has money and resources as against the IPs who are poor, tilted justice favorable to the rich company. On September 29, 2011, the Defendants led by Jose Gallano and Oswaldo Panggayan and etc. filed cases for violation of RA 8371,Trespass,threats,Malicious mischief and unjust vexation against DAGAMA headed by Brian Lueck et al. On August 23, 2012, more or less 286 members of PIPCA wrote a petition letter to Fay W. Apil of MGB car of their opposition to mining and requested the denial of the extension permit of DAGAMA be denied. From August 16, 2010 to December 2, 2012 the defendants of the case filed by DAGAMA have to attend several hearings and submit answers and motions that emptied their pockets. Fees have to be paid as well as paper works. Three sets of bail bonds on several cases. The bail bond paid to the court was onerous for the poor IP. On December 2, 2012 there was a manifestation By DAGAMA in the Court of Appeals to withdraw their petition for certiorari which involved some of the defendants in the criminal cases. On December 6, 2012 several of the cases of Malicious mischief, slight Physical injuries, and violation of RA. 7942 section 107and grave coercion was dismissed By MTC Judge Adolfo R Malingan with finality in favor of the defendants Panggayan and Gallano ET. Al. The present civil case no. 10-929 filed at the RTC National Capital Region for damages was the resulting surreptitious legal manipulations of DAGAMA to collect millions of alleged loses incurred by the company due to the oppositions of the IPs. This case was filed in Makati when they realized an impending dismissal by the Provincial prosecutor of La Trinidad of several criminal cases against the accused. The defendants in this case have to travel from Baguio to Makati every time there is a scheduled hearing. This civil case has been dragging on for a long time. As the cases dragged on, some officials of Kibungan tried to persuade the plaintiffs to give way for the mining company so that said company will drop the civil case against them but they refused the offer. Their passed lawyer even accused them that they stole the company materials and equipment and told them to return the same so that the pending cases will be withdrawn, this prompted them to secure the services of a new one. According to the defendants they are confused attending a conflict resolution in a totally different justice system. These IPs are familiar with their own way of resolving conflicts with the use of age old practices that ferret the truth and separate it from falsehood. Since time immemorial IPs are satisfied with their indigenous justice system which is in diametric contradiction to the western style that the present government adopted. It is not surprising when these IPs are confused and do not understand the western legal methods and processes that capitalize on financial status of a person in order to get justice. Logically and ultimately the innocent poor is incarcerated and the guilty rich wallow in freedom. G. Status of the struggle and plans The Mining investors have withdrawn their equipment from the site and brought them to Ampusongan Bakun where there are pro mining IPs who welcome them. The Majority of the criminal and civil cases filed against the IPs who blocked and protested in the entry of DAGAMA mining Ventures were dismissed for lack of probable cause and speedy trial. These cases were filed purposely to harass and force the opposing IPs to give away their domains in favor of the mining investors. The IPs who are defendants in these several cases recently filed counter charges against DAGAMA. The IPs and NGOs are helping the local leaders in agro profiling and tourism inventories in order to secure certifications from the department of agriculture and the department of tourism. The Kibungan IPs had a recent consultation with the provincial officials and Hon. Congressman Cosalan concerning their problems on mining last July 26, 2013. They wanted the office of the congressman to secure certifications from the pertinent agencies to declare major portions of Kibungan as a prime vegetable agro area. They would like also to be assisted in declaring Kibungan as an agro-tourism destination. Sadly though, the applications of these mining investors remain at the MGB. Those who wanted to apply for explorations in the future are not hindered. There are many individuals and corporations as indicated in the mining tenements that have pending applications in Kibungan and adjacent areas. They are just waiting for the ripe time and right people to push their mining agenda in these IP areas and take away the minerals which ultimately leave poverty and destruction. As of now there is no such thing as responsible mining it is a phrase constructed just to mislead. With the issuance of certifications from the DA, DOT and DENR and other agencies, Kibungan will be safeguarded from mining explorations and operations. The IPs will be able to concentrate their struggle on matters of good governance and livelihood. Yet the IPs believe that they must continually be vigilant against people who have self interest in mining who may sell them to the mining companies. END
Posted on: Sat, 05 Oct 2013 01:35:43 +0000
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