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~nift Minutes 0rt~e 1731'd PCSDc.l; utar Meeting

Apaeible Conferenc~ ll;J1om, Office of'j ,Secreta.ry (OSEe)

. 2fF DeparGWe~t of Agricultufl• ~uilding

Elllptical ko,-d, Dillman, Qu I J on City

21 December 2010 t··

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1. Can to Order '. : i.

By the authority of PCSD iC~allJle;son Abraht Kahlil B. Mitra, Vice Chail David A. Ponce de Leon. presid~d over the rneetit! ": whic~ he called to order at about 2:00 p.m. Invocation ]ed~!.by Engr. Raul _ Maximo of PCSDS was

followed with the singing of LUPFg Hinirang. l .

2. Roll Call :.."

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Present: . .' i t-

1. Han. David A. Ponce de Leon, Co-Author of'k.A. 761]

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2. Hon. ~fredo E. Abueg, Jr..' Past PC~D Ch~ersori.

3. Hon. VIcente A. Sandoval, Past PCSD ChairJl~rson

4. Vice Gov. Clara E. Reyes: Presiding Officer,~~p

5. Usee. Jeremias L. Dolino; DENRUndersecretary

6. Asec. Edilberto M. De Luna, Department ofAgriculture

7. OIC~Exec .. Oil'. Romeo B. Dorado, PCSDS '.,1

8. Mr. Rey M. Rafols, Business Sector

9. Comm, Dionesia O. Banua, NCIP

10 .. PS/Supt Aurelio C Trampe, PNP )

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- Vice Chairperson

-Member

-Member

-Member ,

-Member

-Member .

-Secretary

-Member

-Member

-Member

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Duly Represented: .t' .

11. MOEN Juancho M Sa.bban·AFP, Commandej, WesCom Represented by Lt Commander Rommel Oropeza, P.N.

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-Mernber

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12. Hon. Abraham Kahlil B. Mitra, Provincial Governor -Chairperson

13. Hon. Edward S .. ~Hagedom,. Mayor, City of'Puerto Princesa· -Member

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14. Han. Mario Joel T, Reyes, ·P.ast pC.SD Chairperson. -Member

15. Han. Cayetano W. Paderanga, Jr., Director General, NEDA-Member

16. Pros. Alen Ross B. Rodriguez, Office of'Prov'l Prosecutor -Mernber

'17. Atty. Nesario G. Awat'-NGO * j' -Member

18. Han. Mario T. Reyes, President, League of Municip alities * * -Member

OICExecutive Director Dorado, Council Secretary reported that a quorum with 10 members present exists. This was-qualified by the fact that the Department of Tourism (DOT), Palawan Tourism Council (PTC), and the League of Barangay have not officially endorsed and sent their new representatives to the Council. The acting presiding .officen dec] ared the presence of quorum.

At this point, Ole Exec. Dir. Romeo B. Dorado acknowledged the presence of guests coming from the National Commission; on Indigenous Peoples (NC[P). Department of Environment and-Natural Resources (DENR), Department of Agriculture (DA),. University of Madrid and proponents whose projects are to he deliberated for

Council's action. .

• AU),. Nesario G. Awat arrived aller the meeting due-to the delayed flight schedule nffh~ Philinn;n~ II ;.1;".,· r.~ ... D ... _._ n_' ..

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Vice Chair Ponce de Leon ~ormed the Cout~h that 'Chair Mitra will not 'be able to a~en~ th~ meeting. for some urg~~t. matters as. W:~~1 as for medi~al reasons 'and that ~s VIce Chamnan, he had been.authorizedby the ~l).·~¥man to preside over the mcenng If there is a quorum .. Likewise, 'he' thanked Aseck ~dilberto de Luna for allowing the Council to use the DA Apacible Conference Room' a~ venue for its 173rd regular meeting.

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3. Oath Taking of New PCSD Member ~,.d~

Vice Chair ·David A. Ponce de Leon ,iLstel'ed the oath of office of Commissioner Dionesia O '. Banua as the ~ation~·jCommissi.on on Indigenous Peoples

(NCIP) alternate representative to the Council. ,f

4. Approval of the Agenda I

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On motion of Mr. Rey Iv1. Rafols, duly I seconded, the proposed agenda was

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approved by the Council. i,

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Prior to the review and approval of the minutes of the previous meeting of the

Council, Vice Chair Ponce de Leon suggested to take up agenda Item No. 5A Projects for

Council's Action so as not to delay the guests. .

There were three. (3) projects evaluated by tile Staff for Council's. Action. The first project is the renewal of Commercial Sand and Gravel Permit of Mr. Benigno Pangilinan, located at Barangay Gogognan, Aborlan, Palawan. Based on the evaluation of the.ECANI Unit of PCSDS and on the submitted documents .:apd maps, the applied area falls within

. the multiple-use zone of the approved EeAN Zoning Map' of Aborlan, Palawan. On motion of Hon. Alfredo E, Abueg, Jr., duly seconded by Han, Vicente A. Sandoval, the application of My. Pangilinan for SEP Clearance for the renewal of his Commercial Sand and Gravel Permit was approved.

The' second project tackled was a Residential Subdivision Project by Pathmos Realty and Development Corporation, located at North National Highway, Barangay Tagburos, Puerto Princesa City. Based on tile submitted documents and maps, the applied area falls within the multiple-use zone of the approved ECAN Map of PUCIio Princesa City where the'. aforementioned project is- alkrwed. Considering that the project cost amounted to PhP 444,076,000,00, the Councildeferred approval of' the proposed project and required the proponent to 'submit the financial plan and the details of the total cost of project development Vice Gov. Clara' E. Reyes also requested for the project documents

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reflecting the project cost and capitalization source,

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The last project presented for Council's Action was an Academic/Scientific

Research entitled "Systematic and Biodiversity Study on Polychaetes from the Philippind Islands" by Dr .. Guillermo San Martin, The proposed study will be conducted in El Nido, Palawan.. The Staff recommended for the issuance of SEP Clearance and the Council was further informed that the project proposal was endorsed by the LGU of El -Nido. Further, a Memorandum of Agreement 'was executed between the University of Madrid and tbe Department of Agriculture (DA), Bureau of Fisheries and Aquatic Resources (BFAR), .and the National Museum. On motion of Hon. Sandoval, duly seconded, the proposed research study was approved by the Council along with the recommendation of Hon. Abueg for the review and inclusion of the PCSD in the abovecited MOA, .

5. Review and Approval of the MinuteslMatters Arising from the 172nd

PCSD Regular Meeting' .

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On motion of Han. Alfi·~*f):E. Abueg, Jr., :~i;. seconded, the minutes of

the 172nrJ PCSD Regular Mee~1 was approved. I:.~· _ ,

Projects deferred during ~e previous mee'~ were presented once again for C,Olmcil's acti?ll ~ the Co.~~bl. tackled. the m~tt~r,g arising from the previ~us meeting. The application for Llve.~FISh Trading Ac~~~dltatlOn ofZWNN Carl Ll,ve Fish Trader represented by Mr.{<Drlan Anthony C~~J I, uilang and Mr. Juanita Tlto was approved by the Council. However, the applic~}on for SEP Clearance of Mr. Jorge E, Arcilla for his Perron Brllilit Station Proje~,located at National Highway, Barangay Mabini, Aborlan, Palawan was deferred gn motion of Han, Abueg due to the following reasons: i) the proponent has to sectre clearance from the- DPWH Second Engineering District cOn;$Jdering that the p·r9i.ect is part of the road 1'1 ght of way; ii) a social a.cceptability ~~.~l?, the sm:roun¥'f .neighbor~ood n:ust also be s. ecured by" ~e pJ.·oJect p,roponen,~! iii) there IS. an. e~~,~~ng ga:oIme stat,lou .near the proposed project, wherein the owner of the said gas~~'ll1e station has already filed a p~ti.tion ag~st the proje~t of ~'. Arcilla; and iy~.:the proponent .hes continued with the project con strucn on despite the absence o l SEP Clearance whereby he

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violated PCSD Administrative Order NO.6. Hon. Abueg further proposed that the

matter be referred to the Legal Committee as well 'a~ to Dir. Josephine S. Matnlae for possible review and filing of an administrative c~~e ..

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In relation to the above cited discussion, Col Aurelio C. Trampe suggested for the PCSD Staff to coordinate with the Palawan Electric Cooperative as well as the Puerto Princesa City Water District and come 1m. with an agreement that prim' to installation of their services to proposed projects such as buildings and' gasol in e stations, SEP Clearance must be secured. first by me proponents. This will deter the project proponents from constructing as water arid electrical source is essential to the construction phase. The suggestion of Col. Trampe was noted by the acting presiding officer who instructed OIC Executive Director Dorado to take note of the same:

On its 172nd Council meeting held on December 3, 2010~ when Chair Mitra together with Vice Gov. Clara E: Reyes; Atty. Nesario G, Awat, Hon. Mario Joel T. Reyes, Mayor Mario T. Reyes, and MGEN Juap~ho M Sabban left because of they have to be present in the 'lauaching of the Jjaskuhon sa Kapitolyo, the Council on motion duly made and seconded constituted itself into an executive committee in accordance with itsrules, The Execomapproved the applications for SEP Clearance of Macro-Asia Corporation and Ipilan Nickel Corporation for their mining projects. Action on Lebach Mining Corporation was deferred. The Staff was directed to report in the next meeting all relevant information pertaining" to the nature of the applications of Lebach Mining Corporation to clarify whether it 1 s for exploration of production including the supporting documents for the Council to' be appraised of the actual situation as basis for ratification and approval of the Council en bane. DUling the meeting, the Staffdistributed to the members a matrix on the status of Lebach Mining Corporation's application.

As this matter was raised and presented for ratification of the Council en bane, Vice Gov. Clara E. Reyes articulated her obj~ction to the actions taken by the Execom. S~ stat~at she is not agamst mjning and jn fact she is for "s~ mining". However, 'she explained that )1 was her Understanding that dtu'mg the caucus held before the December 3, 2010 PCSD regular meeting, the members present agreed to defer the approval of these projects due to the issue of

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social acceptability. She pointed out that evel~ with the approval of· the Sangguniang Panlalawigan to the Macro-Asia HCorporation, Ipilan Nickel Corporation and Lebach Mining Corporation, the i*angguniang Panlalawigan ·is continuously receiving co mmunications from diffe}~nt. associations, groups and agencies stating their sentiments and petitions agai~t the said mining companies. Said p~titio~s evidently showe~ ~at the so~i~l acc~itabihty concern has not been complied with up to present time. In addition, s ~ stated that the C L WU P of Brooke's Point is apparently being changed to the a 'l¥antage of the mining firms.

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Both Han. Abueg and ~ice GOY Reyes sug; . sted for the deferment of the Council's action on the application of Lebach M' " g Corporation. The motion was duly. seconded and approved, by the Council, ~,~e Exec om 's decision during the 17211d Council meeting approving the applicati] n of Macro Asia and Ipilan Nickel was ratified with only vt' Governor clar.1Reyes objecting.

Moving on to other matters arising from the RE!.:· evious meeting, NCIP Dir.

Patnaan as co-attendee for NCmreported on the rec:, stitution of the Tribal Affairs Committee which. will now be co-chaired bYff CIP and PCSD.

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6. Calendar of Business

PCSDS Updates

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For the last three (3) working weeks ofD~;?ember 2010., the PCSDS has

continuously undertaken its regular functions of planning, policy research; coordination and monitoring, environmental edu9f1tion, GIS operation, legal assistance to law enforcers and secretariat services.] Among others, some of the

highlights of its activities were as follows: ~ ..

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I. . On Policy Research, a Memorandum .P.f Agreement was prepared to

be entered into by PCSD and universities in the ;Province of Palawan for the conduct of academic researches; to be: initiated by. the students and faculty as research proponents. As part of the institutional linkages of the P ARDEC, it is requested from the Council to grant the PCSDS Exe~utive Director the authority to ente~ in.to a MOA with ~e universities i~ the ;~.r?vi~ce for the. streamlined application process for the Issuance of penmts for sCIentific-academIc researches to be initiated by undergraduate, graduate and faculty of these universities, On motion duly seconded, the Council granted PCSI!S Ole Exec. Dir. Romeo B. Dorado the authority to sign the aforementioned MOA.

2. On Wildlife Act. To further upgrade. the Staff's capability in the

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implementation of the Wildlife Act,. the PCSDS EPRD Staff were sent to attend

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the P A WB- DENR sponsored training on wild fauna marking and identification

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techniques held' at Eurotel, Quezon City on December 6-7, 20] O. Training

participants composed of representatives from diffe¥ent regions, LGUs and other agencies were exposed to actual wild fauna marking! tagging and identification, in which would be very beneficial to the : staff in the implementation of the actual validation of the issued Certificates of Wildlife Registration (CWRs') scheduled on the first quarter of 2011.

A brief conference meeting was held at the protected Areas and Wildlife Bureau (PAWB) Visitor's Center located at the Ninoy Aquino Parks and Wildllife,

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Quezon City .. Said meeting wasattended by PCSD~Jpxecutive Director RorneoB, Dorado and PCSDS ECAN Policy Research tee: ~ . cal staff, P A WB Director Mundita C. Lim, PAWB Asst. Director Antonio; . ani 1 a, Ms. Josle De Leon, P A WB Chief of Wildlife Resources Section and q. er P A WB technical staff' as well as PENROs of Palawan ~. d Batangas, an>'· the RED of MIMAROPA. Strengthening efforts and G ordination for 1 lore effective. RA 9147 im~l~mentatio~ was discussed.~· age .buildm.g w~~:. one of the highlights of the activity wherein the PCSDS agrefd to immediately ll) forward to PAWB reports of enforcement efforts for PA~,to package)' 2) s~bnllt apprehension reports to ~he natiOl~al media for .inform~tio! disse~nation anr·3) to post enforcement staff

III strategic ports and airports In .e prOVll1ce. j . ,

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3, On Project Mana~ement System a~d Office Performance and

Evaluation Sysfem (PMS-OPES)" The Cii\fil Service Commission conducted PMS-OPE'S Calibration Workshop for P~SDS and reviewed the output of the workshop done in 2009 from 1-2 December 2iho at the PCSDS Conference Room, Sta. Monica, Puerto Princesa City: Specifically, the CSC extended technical assistance in coming lip with a standard performance indicators to

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measure the performance of the first and secolid level employees of the

government, The PMS Output' table, a practical major too] for measuring the performance of offices contains the listing of the different outputs of offices including the corresponding points per output methodology, operational definitions and performance indicators. Thus, the p~lfonnance of an office will be measured by counting the number of outputs it produced for a given period arid calculating the corresponding points if needed for a given period of time.

4. The Operational Planning for CY 2011 and Strategic Planning

for PCSDS Medium Term Plan for 20ll-lUI3 was undertaken from ]3-17 December 2010 at the PSTDl, RVMSDC, Ira-wan, PtiertoPrincesa City. During the workshop, working relationship and complementation between and among the' different operating divisions and units were enhanced to more. effectively carry out the implementation of the PCSDS operational plan for CY 20] 1 onwards. Moreover, to enhance the management's performance monitoring system from the higher management to the rank and file, each staff shall trans] ate the operational plan into individual plans using PMS-OPES established standard

performance indicators. I

5. The Staff attended the DENR-orgahized National Consultation

Workshop on the Draft ENR-RDE Framework foi 2011-201q at the Heritage Hotel, Pasay City, Specifically, the agenda include the 1) presentation of the national R and D Priorities Plan for 2010·2016 as:' well as to review the draft ENR RDE Framework for 2011-2016 2) fo~ulation of strategies for complementation and collaboration on: the RDEprograms that shall be given priority ,in implementation; and 3) formulation of strategic actions for mainstreaming science-based information on ENR planning and decision - making,

6.. In compliance to the Memorandum from the Office of the President,

the PCSDS .submitted its July-November 2010 accomplishment report to the Presidential Management Staff (PMS) .. For the period, the PCSDS registered an accomplishment of 90,0% of its total target for the period. Also reflected in the report is the PCSD/S's tJusts and. priorities for Calendar Year zou. The PCSDS activities for 2011. shall focus on strengthening the implementation of j'hp

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provisions of the Wildlife Act while still contiitfing the measures begun on climate change mitigation and adaptation. M~~·eover, it also intends· to update/upgrade support services and facilities s~bhas the GIS, Data Bank, Environment and Natural . Resources Information System, MIS, etc., to support data manipulation for planning and management' ;'as well as strengthening its district management, environmental education and extension and law enforcement

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7. Related to the implementation of Ca1,s Act and the Memorandum

of Agreement signed between th~ LGU and PCSD~:jhe staff attended/participated in the bidding for the gathering and collection ~f· Balinsasayaw nests in the municipality of El Nido, Palawan in December lao, 2010. The bidding is in connection with the implementation of the Cave an~Cave Resources Act or R. A.

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9147 and the Memorandum of Agreement signed 'l)'etween the LGU and peso.

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As there was a failure of bidding, the next bidding period was set on December 23,

2010. ..

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In the case of the municipality of 1;aytay,l the staff provided technical assistance in the revision of Municipal Ordinance "related to the collection and gathering of edible bird nests.

8. On the status of CLWUP, the staff is continuously providing

technical assistance in the enhancement of the CL WUPs of . the different municipalities,

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9. Attendance to ECAN Board meetings, MMTs and SB sessions on

. invitation of the LGUs were likewise done during th~ last 3 working weeks.

7. Communications Received for Actlon/Information ofthe Council

6.1 . Letter from Mr. JO$e Raymund L. Apostol, Country

representative, Forum (GSEC ·101) Limited re: .SC 72 (Reed Bank) Seismic Survey - First Quarter 201~. Mr, Apostol is requesting the Council through Hon. Abraham Kahlil B. Mitra to present their seismic plans for the first quarter of CY 2011. For Council's action.

A presentation was made before the Council regarding the SC 72 (Reed Bank) Seismic Survey - First Quarter 2011. Forum (GSEC 101) Limited, as a Philippine-registered petroleum contractor and operator of Service Contract (SC) No. 72 that was granted by the Department of Energy (DOE) on February ] 5, 2010. SC 72, otherwise known as the Reed Bank Block, is located in offshore west Palawan and lies 150 krn west ofPalawan Island with an area of 8,800 sq km.

As part of the Forum's work commitment with the DOE under se 72, they will undertake two-dimensional (2D) and three-dimensional (3D) seismic survey in the approved area starting January 2011 using the vessel MY Veritas Voyager of eGG Veritas: eGG Veritas was the same company that conducted the recent

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3D survey ill southern Palawan for SC 59. .~

Seismic acquisition is one method used by oil companies. in evaluating tl~~ potentials of an area to certain commercial hydrocarbon deposits. Said undertaking will also make use of the same equipment and methodology that has been used in the seismic surveys conducted in offshore Palawan.

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The proposed undertakings were conditions i y approved, by the Council subject to submission of Sang~ang Panlalawig I~I! tdorsement.

6.2 Sangguniang Barangay of Ipilan, Brooke:: !{Point, Palawan Resolution No.1 Series of .2010 "Resolusyon Para Ipawala:g Bisa ang ResoJusyon BIg. 27-2007 at Resolusyon Big. 05-2007'H. :, For coun~~'s information and reference,

The abovecited resolution was referred to the ~tgal Committee.

8. Other Matters 1;:

1. Asec. De Luna submitted aletter of A~:'tIator Antonio S, Nanguel of National Irrigation Administration to DA Sec. I1loceso J.. Alcala referring to Resolution No.2, series of 2010 of the Bat,' -Batang River Association Federation, requesting His Excellency President ,~nigno C. Aquino HI through gove~l11nent agencies concerned to segregate, ide;pfy and declare the Victoria

ranges of Palawan to be a "mining free zone". W

The Council agreed to discuss this further 0. ',; he next Council meeting and the Secretary was instructed to furnish the Local G lemment of Narra with a copy

of the resolution, ~ 1. "

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2, On .live fis? quota syste~ the PCSD St.~M was instruct~d t .• o coordinate and communicate WIth the Sanggumang PanlalawlgAn and resubmit all documents ·,1'

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3. On motion, duly seconded, the Council passed a resolution thanking the

Department of Agriculture {DA} for allowing the 'Council to use the Apacible Conference Room as venue of the 173m PCSD regulf! meeting,

9. Schedule of the Next Meeting

The schedule of the next meeting, which ~11 be held either In Pue110 Princesa City or Manila on J anuary 28, 2011 was noted.

10. Adjournment

There being. no other matters to-be discussed, acting presiding officer Ponce de

Leon adjourned the meeting at about 4:00 p.m. t . !I

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I hereby certify to the correctness , ' ~!!~

and accuracy of the foregoing minutes, 1:,

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. ole EXE~. BIR. ROMEO B. DORADO

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"Secretary "

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Approved for the Council:

HON. DAVID A. PONCE DE LEON Vice Chairman