Professional Documents
Culture Documents
I Introduction
Thirty-four members of the indigenous peoples organization APSSOL and stakeholders of APSA 102 in
Camp 3, Tuba participated in a 2-day workshop on corporate social responsibility and strategic planning
to protect ancestral land claims/stakes and achieve their vision as IPO-APSSOL. Representatives from
NCIP, DENR, Benguet LGU and Philex Mining Corp (PMC) also attended the event as resource persons
and observers.
Designed as a peace building process, the workshop, held on April 29-30, aimed specifically to:
Small workshop groups were formed to discuss and deliberate on the above topics and to clarify issues
and concerns. Resource persons from government agencies and PMC gave inputs on pertinent
government and company policies and programs as well as answered questions raised by participants.
Three workshop sessions were conducted, each followed by an open forum. The workshop culminated
with a plenary session where participants drew up a strategic plan to address stakeholder and
organizational issues towards APSSOL unity and better IP welfare.
The objective of the first workshop was to raise understanding on corporate social responsibility and the
laws affecting APSA 102. The results are shown below:
- Royalty: should go to
claims and affected
families
What are the laws that IPRA on rights of IP, - Mining Act chapter III Mining Act 7942
affect MPSA 276? mining law, DENR Sec 16 on AL
regulations/permits, Sec 17 on royalty
NCIP for welfare of payments for ICC
IP/ICC - civil law on rights of
individual
- constitutional law
- IPRA especially Chap II
Sec 3 on AL
In her presentation, Philex Mining Corp consultant Inday Arcenas clarified that corporate social
responsibility is not mandatory and is purely a company’s decision. CSR is a business concept where a
company takes responsibility towards citizens, going beyond providing jobs and donations to helping
develop communities to be good partners. It is good business and in the company’s own interest for
communities to be safe, healthy and developed, since it is they who serve as workers and customers.
In terms of MPSA 276, she said PMC’s legal compliance is not only with IPRA but all Philippine and
international laws and those relating to IP/ICC. And it goes beyond this, adopting what it calls a
quadruple bottomline: a) economic development (e.g. (HELP), b) environmental programs (e.g.
reforestation and erosion control), c) social equity or non-discrimination in job hiring, and d) values
formation or the equal application of the law.
To avail of programs under PMC’s CSR, the community should let the company know what programs
they need or want. Only the communities know what they need and should decide what to do with the
royalty. They should be guided by their customs and traditions, and the same should also be used in the
resolution of conflicts. But she stressed there is a need for a vision for the IP/ICC in MPSA 276 and
right/fair mechanisms in using the royalties. The royalty should only be for ICC/IP for MPSA 276, not the
barangay.
NCIP Commissioner Zenaida Hamada-Pawid noted that the participants should know how to
differentiate between responsibilities of government and those of PMC. Basic social services are
government’s responsibility and not corporate social responsibility. But as the company has used the
resources of the area, it should share the benefits from the use of these resources. The taxes paid by the
company should be used by the government to meet the social and economic needs of communities
such as health and education, not to salaries of government employees.
The mining company has to follow all laws; and if it follows its conscience, should give more. It has many
responsibilities mandated by law. Under the Mining Act, it has the task to return the mined land to as
close as possible to its original state.
CSR is not for corporations, but for people. People are the center of CSR, and they should use the
benefits wisely. CSR should include downstream and upstream communities.
Ms Pawid also noted that participants know some of the relevant laws but not all. She enjoined them to
understand better the laws that directly affect their lands and communities, IPRA, Mining Act 1995 and
all other laws and Administrative Orders that came after 1995 that concern mine operations,
Environment Code and Local Government Code. She stressed that although IPRA is a very young law,
unlike MA or Land Code, it is a very strong one. It has only 1 principle – before the Spaniards arrived or
even before the Philippine Republic was established, the IP were already on their lands, that is why
there are ancestral domains/lands. The land had original inhabitants.
She said In Philex there were people in the open pit area long ago. The Nugal were one of the early
families, and in Benguet history they may be one of the missing connections in the family line of those
who first migrated southward from Tinek. The early families should be recognized and there are ways to
identify them: from the list of Fr Andres, Tuba municipal history, list of FPIC, list of those in buffer zone.
This can be seen in the map -- who is the direct and indirect beneficiaries. The people know who the
original families are.
Open forum
Ms Arcenas: To my knowledge, yes; if not tell me what provisions they are not complying with. If there
are complaints, write them down and we will ensure that these will reach the right people.
Q/reaction. There is only 1 royalty for 1 MPSA. If that’s another APSA, then it can have another FPIC but
it’s the same MPSA.
Ms Pawid: The position of NCIP is that there cannot be 2 FPICs for 1 CADT or operation; or 2 FPIC for 1
APSA, but wait for the map to see exactly where downstream and outlying communities are in APSA
102.
Q: IP have many rights but some are not aware of their rights and are thus taken advantage of by other
IP.
Ms Pawid: No one can fight for your rights; know your rights, that is why you have this workshop; your
organization should be as closely knit and unite to fight for those rights
Q. What if we know our rights but when we go to government offices, they don’t do their work.
Ms Pawid: Fifty percent of problems are from NCIP and the many confusing laws that need to be
harmonized, but don’t fight among yourselves. NCIP is trying to fix the papers on the cases and we will
respect what the community decides on.
Q. Royalty is provided for under MA; would there still be royalty if there were no MA?
Ms Arcenas: If you’re not IP but own the land, you will also be given royalty.
Ms Pawid: If there’s a claim in MPSA, the mines are mandated to give royalty to the surface claimant.
This is recognized under IPRA.
Q. Royalty under the MA is not less than 1%; is the royalty the same for IP?
Ms Pawid: The law says at least 1%; you can ask for more than 1% but this depends on your program. So
you should know what is in the MOA with PMC; it is not for the officers but for the communities that
went into MOA with PMC.
Q: PD 512 provides royalty for surface owners of mineral lands. Does IPRA erase this?
Ms Pawid: IPRA heightened it as it says IP have priority rights; the original inhabitants should be priority.
But it is important to see the whole affected area to see who are the priority beneficiaries and other
beneficiaries. You can then decide on the projects to be undertaken so all will be benefited.
Use the royalty to benefit the whole community. The Commission en banc passed a resolution creating a
Committee of 3 which I will head to look into APPSOL and the whole problem of cases brought before it.
We will stand by your decision. Don’t let it go to court, discuss and plan ahead but also look at the past
problems and deal with them.
Q. What should we do to resolve this problem when the APSSOL officers are not around?
Or call them, use bridges; if this is not resolved, the money will go down the drain. NCIP might be forced
to put the fund in escrow; it can grow but cannot be withdrawn. An extreme option would be to give the
fund to the provincial or municipal government to administer. You can fight it in court. But while you
plan for the future you should deal with and correct past problems.
Atty Severino Lumiqued of the NCIP Benguet office gave a background on IPRA, focusing on the four
major rights of indigenous peoples. These are the rights to ancestral lands/domain, governance and self-
empowerment, social justice and human rights, and cultural integrity and the sub-rights that fall under
each category.
PMC submitted an application for a production sharing agreement (APSA) to MGB, which
endorsed it to the NCIP central office (CO) for the certificate of pre-condition as required under
IPRA and based on FPIC Guidelines 2002. The CO Ancestral Domain Office (ADO) instructed the
Cordillera regional office to conduct a field based investigation (FBI) with Atty Lumiqued as team
leader to determine who the affected IP/ICC are.
The APSA coverage was for 98 hectares in Camp 3. The FBI team visited the sitios in the area and
found 2 creeks traversing the open pit. The FBI report recommended FPIC to be done in
immediate and adjacent sitios; and then an FPIC in downstream communities. NCIP formed an
FPIC team to facilitate and document mandatory activities of the FPIC process - notice of
preliminary consultations and consultation meetings where PMC discussed its APSA.
At the end of the consultations, the affected IP gave their decision: reject APSA 102. NCIP
Cordillera then recommended a statement of non-consent. But this was later overruled by CO
resolution 51 ordering a dialogue between PMC and concerned communities to explain their
respective positions. The communities suggested the open pit area but PMC insisted on another
venue so the dialogue did not push through.
A meeting between the parties was held at the Capitol but no TOR was agreed on for a MOA. At
that point NCIP- Benguet had no longer any participation.
Some people then negotiated with PMC, resulting in a MOA signed in John Hay between PMC
and APSSOL. APSSOL stood for IP. Before APSSOL was formed, it was different clans that
participated in consultations.
Atty Johnny Waguis of the Benguet Sangguniang Panlalawigan (SP) and APSSOL legal officer discussed
the role of local government. He focused on the general welfare clause which provides that government
has the duty to protect and promote the people’s welfare and to give basic services like health,
education, sports and development, among others.
He also informed the workshop group that based on a complaint submitted by some APSSOL members
to his office, as head of SP Committee on Indigenous Peoples he invited all stakeholders in the
controversial APSA 102/MPSA 276 to a dialogue at the Capitol. But this failed as no one showed up at
the meeting. While the SP is still willing to help, it has asked NCIP assistance to address the complaint.
Engr Roland Aquino of the Mining and Geosciences Bureau presented the mining permits issued by
MGB, among these, MPSA, financial and technical assistance agreement, and exploration permit. He said
APSA 102 underwent processing, and the payment of royalty is in recognition of CSR.
Open forum
Q. How do we know that PMC is not expanding its tunnels and operations beyond what it claims?
People are worried as the Sta Fe Fault goes along the Alang area.
Engr Aquino: MGB monitors only what PMC submits in its work program, and thus only the operational
and production areas. It also monitors safety working conditions in the mine.
Sta Fe is not part of the operations area which is the open pit. PMC is still operating within its operations
area.
Q. Who should give consensus and who are the most likely affected communities?
NCIP: Consensus should come from most likely affected communities. The result of the environmental
impact assessment by EMB will determine who will be the most likely affected, and this may not only be
the applied area if the EIA shows a bigger impact.
Q. The consultation process is confusing, who should be followed: LGU or the people? And which
elders/leaders should represent the community?
Atty Waguis: Projects require two separate endorsements from two LGUs. But LGU participation is not
cited in IPRA as the Bakun experience shows where only the IP were consulted in the application for a
mining exploration permit. So NCIP and LGU should strengthen their coordination. Although LGU is now
being invited in FPIC consultations, LGU participation should further be studied. IPRA and the Mining Act
lack provisions on this.
Ms Pawid: There is no general rule on participation of LGU in FPIC process and decision making unless
they are stakeholders or part of the most likely affected community, but LGU are invited to NCIP-
sponsored activities.
Consultation is at the heart of the implementation of IPRA and the development process. Consultation
means tongtong, dialogue, where to meet and agree, and should be inclusive not exclusive. It should be
the same for APSSOL. The royalties from PMC should not be used to pay property damages.
PMC’s interest is only to give the royalty based on people’s claims; people should thus meet PMC
halfway; and if they do not unite, APSSOL can be cancelled as IPO. A resolution for an investigating
committee on the APSA 102 problem has already been signed and it can subpoena papers. So the
affected people should find a solution.
NCIP has received 6 complaints asking for full accounting of royalty payments and reorganization in
APSSOL. The MOA is binding on APPSOL and PMC but payment of royalty appears illegal from the
beginning, as royalty has gone to eco-socio projects, some of which were found to be ghost projects. So
reorganization should be done quickly; the investigating committee will get all the necessary papers on
the case.
The complainants are the Nuclasi clan, Nalibsan family, Carlito Banasan and heirs of Bucal Gavino vs.
IPO-APSSOL.
Atty Waguis: The Nuclasi clan also wrote the Sangguniang Panlalawigan on the same case and this was
referred to the SP Committee on IP. The committee then wrote APSSOL officers inviting them to a
dialogue/meeting but no one came. So SP felt that it failed to address the problem; while it wanted to
mediate no representative of the other party came.
APSSOL secretary, Conchita Fernandez: Even before the problem arose, we went through the process; so
in this case what should be followed as there are many agencies involved like DENR, NCIP, then LGU.
Ms Pawid: Ms Arcenas promised to bring them here, so the members should unite and decide. You are
not here to elect but to determine who should be called to organize and you cannot wait forever. The
question is who should hold the money (royalty payments); whatever APSSOL decides will be respected
by the agencies. You can look back after moving forward.
Ms Pawid: You
In Workshop 2, the participants identified the stakeholders of APSA 102/MPSA 276, what benefits they
should receive and how these benefits should be utilized. The following are the results:
How should these should be Should be used -health, medical Based on IRR of
benefits be categorized for socioeconomic assistance appropriate laws,
utilized according to development with (emergency ex. ADSDPP – SDMP
group, such as plans purpose) scheme
directly and Livelihood through
indirectly affected -education such as cooperatives or
scholarships for investments
children
-livelihood, ex.
Entrepreneurship
Infrastructure –
farm to market
roads and farm-
related
development
Open forum
1 There is APSA 156 for downstream communities that should undergo the FPIC process, so why
should they be included in APSA 102/MPSA 276?
PMC does not want to bring out APSA 156; even NCIP seems not interested.
We should define who really are the affected families.
Those downstream whose farms or water supply are affected by PMC operations, even if not
within APSA 102 or 256, should be included.
NCIP: APSA 102 is also affected by APSA 156. Near APSA 102 is an exploration permit application (078)
of PMC that is undergoing process. When the FPIC process was conducted in Camp 3, some of the
people said that before they give a decision, the issue of APSA 156 should first be decided on.
NCIP: The 2006 FPIC guidelines give the definition of area affected. This refers to areas which will most
likely be affected by a project or activity as determined by the field investigating team. Impact area is
defined on p 10 Section 11 of the guidelines. The guidelines are currently being reviewed, so
participants’ suggestions can be considered.
Atty Lumiqued: The field based investigation of APSA 102 identified 14 sitios in Camp 3 as affected
areas. These are: Pokis, Alang, Bastian, Camait, Agpay, Camarin, Loakan, Mansumang, Clifton, Alapang,
Aguing, Torre, Kimmabab, Balayan
The 98 ha covered by APSA 102 are all in one sitio: Pokis. During the ocular investigation of the 98 ha,
the FBI team prepared a rough sketch map – the open pit and subsidence area is inside Pokis. On the
northern part outside this area are Agpat, Loakan, Mansumang, Camarin; western side – Clifton,
Alapang, Torre, southern part – Alang, Bastian, Camait.
Two creeks traverse the OPM and subsidence area. The community said waste flows through these
creeks, so the team included it in the impact area. In the consultation held in Torre, the 14 sitios plus Sta
Fe (Ampucao) were presented, and there was no objection from the community. Elders from the 15
sitios were also identified. But during the organization of APSSOL, only 6 sitos were included, 2 were
added but these were not identified in the FBI.
Ms Fernandez: APSSOL is an IPO name only; it does not mean or is limited to the 6 sitios but includes all
14.
There are families in affected sitios who moved their residence to Sta Fe, that’s why this sitio is
included.
10
Mr Baoaoan strongly objected to Mr Ventura’s statement, saying he had given the invitation for the
workshop (others had to calm him down) during a meeting at Brod Pit.
Reactions
-how to categorize
IP w/o tax
declaration (TD)
but stayed in
community and IP
w/ TD but did not
stay in community
Request assistance -some through -downstream -validation of
from concerned customary law areas should have qualified members
agencies like NCIP separate FPIC and or beneficiaries of
and LGU -through own devt projects mpsa 276/apsa
reorganization and 102
election of valid - Sta Fe should be
officers (some excluded; APSSOL -reorganization –
members not should be APSOL election of new set
aware of of officers
appointment of -should also be
new president) addressed by
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-map of impact
area – survey
plans should be
produced by
directly and
indirectly affected
-listing should be
submitted by
Tuesday May 3
-beneficiaries –
should be IP/ICC
present before
PMC operation up
to 2008; those
who came after
that should not be
recognized
- they (above
cited) would be
considered and
can have a share
but they should be
validated as
residents by fellow
IP; their
occupancy should
be justified by
fellow IP
-sharing should be
discussed and
agreed on
-representation
(qualified
members)
By sitio
By clan
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Q. Council of elders were worried in attending the workshop as they may be questioned on handling of
the money, so what is the reconciliatory proposal?
Q. They may not appear in GA; they feel the validation of members is an exercise to remove them.
Q. We are not excluding those in MOA but determining who can be additional members.
Ms Arcenas: This is being done for equitable distribution of royalty. Some clans have several members,
and with tenants; will they be considered entitled to royalty?
Ms Arcenas: I beg to disagree; there were workers who eventually stayed there.
Q. Who will get royalty; who can be considered a member of APSSOL – the landowner?
A: This is exactly the issue being resolved in the workshop because it’s a problem. The GA will be
inclusive.
Q: When APSSOL was organized, there were many claimants; the list should be cleaned and we should
look at the criteria to see who should be members.
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Q: The organization has a constitution and bylaws but these have not been ratified. A meeting for
ratification was discontinued and has not been called again.
This should be done in 14 sitios plus 1 sitio and for all recognized clans
List all – AL claimants, tax declarants, residents - those who have paid membership as of March 28, 2011
Other issues
Some landowners only have a tax declaration (when were TD issued – before or after PMC?)
And what about IP without TD?
In MOA, clans from 15 sitios are recognized with SPA, but the SPA is the root of the problem.
DENR can provide maps: on impact area, MPSA/APSA 102
IV Strategic Plan
In a plenary session, the participants formulated the following plan towards strengthening APSSOL as an
organization and unifying its members.
1. GA agenda:
d. hold election
2. Members/electors - use criteria on membership in bylaws: those who have paid membership fee as
of April 29, 2011; 18 yrs old and above, members of clans, SPA holders, sitio representative
3. Attendees in GA
4. Composition of electoral committee: should have 5 members – chair, vice, secretary and 2 members:
the committee will draft procedures and process of elections and to be appointed/approved by GA
6. Organizing committee to meet with APSSOL officers to present proposals and workshop results and
unite on GA – Conching, Renato, Blas Daluz, Gina, and Baoanan
7. Organizing committee will also prepare, disseminate invitations to GA including for agencies
Suggested NCIP personnel to be invited: those who have been following up APSA 102 case since
the start
Members should give phone numbers to organizing committee to facilitate communication
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LIST of PARTICIPANTS
Date: April 29, 2011
Venue: Supreme Hotel, Magsaysay Avenue, Baguio City
NAME ADDRESS AGENCY/OFFICE
Divina C. Litaoen Beckel NUCLASI/APSSOL
Pastor I. Yagyagan Philex Mines TIHCAPOSI
Anna D. Bestre Bekkel NUCLASI/APSSOL
Johnny B. Esteban Ansagan, Tuba NUCLASI/APSSOL
Blas L. Dalus TIPO
Renato B. Agpay Alang PMC-MMM-IP REP
Baoanan M. Waguis Alang
Mario C. Baniaga Sta. Fe
Romeo Palubos Sta. Fe
Gina M. Pili Daynet, Ampucao NUCLASI/APSSOL
Julio Galbay Sta. Fe
Celia Palubos Sta. Fe
Severino Manuel G. Lumiqued NCIP-BENGUET
Lynn Madalang Baguio Facilitator- Ebgan
Paul L. Fianza NCIP-R1 & CAR
Zenaida H. Pawid NCIP
Etot Tamayo
Daisy M. Asprer Beckel NUCLASI/APSSOL
Diomedes M. Asprer Beckel NUCLASI/APSSOL
Abelino Cirilo NCIP-Itogon
Alfredo Donato Camait
Leon Mocate Alang
Christy Campilan Beckel NUCLASI
Helen Sapul Philex NUCLASI
Tessie S. Antonio Sablan Sinakey Clan
Norma Gabol Alang
Mary Gavino Alang/Pokis APSSOL
Johnny D. Waguis Alang IPO-APSSOL
Linda Jacinto
April 30, 2011 Attendance
Name Address Agency/Office
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