West Visayas State University

COLLEGE OF ARTS AND SCIENCES

Iloilo City

SIBUYAN ISLAND, ROMBLON MINING

Case Study

Presented to
DR. GRACE MANAJERO
Professor
West Visayas State University
La Paz, Iloilo City

In Partial Fulfillment of
People and Earth’s Ecosystem (NSCI III)

By

Banas, Natazha
Cayanan, Jhoe Hannah
Cayona, Floren Fe
Corros, Angelic
Gellado, Kesha May
Madragon, Christianne
Tirado, Jules Patrick
To-ong, Ricah Ellen

May 2023
 West Visayas State University
COLLEGE OF ARTS AND SCIENCES
Iloilo City

INTRODUCTION

Several mining areas in the province of Romblon, particularly in Sibuyan Island, tested

positive for high-level concentration of mercury, a toxic chemical used in mining specifically for

separating gold from ore. DENR personnel from Romblon province, Altai Philippines Mining

Corp. (APMC) was found to be “constructing/operating a causeway project without an approved

environmental compliance certificate” and was directed to attend a technical conference at the

DENR central office in Manila on Feb. 7, 2023. Locals are adamant to protect Sibuyan not only

because it is their home, but also because it is a biodiversity hotspot hailed as the “Galapagos

of Asia.” The Department of Environment and Natural Resources (DENR) has ordered a mining

company to stop its exploration and construction activities in Romblon amid protest actions from

local residents that have already turned violent.

Secretary Robredo advised the local government (LGU) heads present at the meeting to

address not just the problem on enforcement of the ban but also the livelihood concerns of

those who will be displaced immediately by the moratorium – about 500 families in Sibuyan

Island whose livelihood mainly depends on small-scale mining. On effective enforcement, the

Secretary said he would instruct the Provincial Police Office to strictly implement the ban in

cooperation with the LGUs. Department of Environment and Natural Resources (DENR)

Secretary Ramon Paje said that they will not sign any mining permits in the province of

Romblon.

The protesters had formed a human barricade to stop three of APMC’s hauling trucks

that were carrying nickel ore from leaving the port. However, the trucks forced their way

through while about 30 policemen intervened and tried to break up the barricade. Rights and

environmental groups, however, demanded accountability for the police dispersal and asked the
 West Visayas State University
COLLEGE OF ARTS AND SCIENCES
Iloilo City

government to respect the stand of residents. Karapatan secretary general Cristina Palabay

said the Sibuyanons had resisted for decades the entry and operations of mining companies on

the island, wary that further mining would destroy their community and undermine their

livelihood. Last year, despite a plea from residents in the towns of San Fernando, Cajidiocan

and Magdiwang to declare Sibuyan mining-free, the government issued a mineral ore export

permit to APMC in December, allowing the company to bulk test 50,000 metric tons of ore. The

people of Romblon must be allowed to freely exercise their right to protect the environment and

defend their island from destruction—- said Cleng Julve, campaigns officer for scientist group

Agham.

In this case study analysis, it is identified that the people of Sibuyan Island in Romblon

fight for their environmental rights against mining companies for years of irresponsible mining

that affects the nearby communities in the island. This decade-long fight with companies

involved with mining still remains to be an unfinished fight and people of Sibuyan Islands still

fear not only for their security but also with their environmental problems and concerns. The

outcome of this case study is to identify the problems that caused the residents’ uproar and the

solutions and laws made by the government and why companies that operate within the mining

industries still have the upper hand after all the protests and halt of operations. The question lies

between the power of money and the power of the people who protect the environment and for

the welfare of the residents.

BACKGROUND

In Romblon Province, Sibuyan Island has become known as the Galapagos of Asia.

Several endemic species, including the Philippine Hanging Parrot, the Philippine

Pygmy-Woodpecker, and the Orange-bellied Flowerpecker, call it home. It is a hotspot for

 West Visayas State University
COLLEGE OF ARTS AND SCIENCES
Iloilo City

biodiversity. Because Sibuyan is an isolated island, it is abundant. In addition, Sibuyan is home

to one of the world's densest forests and Mt. Guiting-Guiting, Romblon's highest peak.

The island's wealth of nickel and other metals, in addition to its diverse biosphere, has

drawn mining companies. Sta. Barbara Development Corporation (STABADECO) has been

authorized by the government since June 1972 to perform mining exploration in Sibuyan. This

was ultimately given to Altai Philippines Mining Corporation (APMC) by the corporation. Initially,

the residents welcomed what they call “responsible mineral resource exploration, development

and authorization”. However, it was not brought up with other Local Government Unit officials

and deceived the minds of the locals. The operation halted due to the push-back of the

residents, but in September 2021, DENR lifted the case against APMC, offering them leeway to

mine in Sibuyan yet again.

According to a news article uploaded by Inquirer.net on February 6, 2023, in response to

recent demonstrations and hostilities, the mining company in charge of conducting mineral

research and testing on Sibuyan Island in Romblon has voluntarily ceased all exploration and

testing operations there. The Altai Philippines Mining Corporation (APMC) gave the public

reassurance in a statement on Monday that they are dedicated to upholding the "highest

standards of environmental responsibility and community engagement." Recall that protesters

blocked the APMC port in an effort to halt the mining of nickel ore and other commodities. The

Department of Environment and Natural Resources (DENR) intervened following the

demonstrations on Thursday to halt APMC's operations.

Furthermore, APMC made a promise that they have chosen to voluntarily cease all

exploration and testing operations at Sibuyan Island and to continue working closely and

together with the appropriate authorities to address any issues or concerns that may have

arisen. They also added that their top priorities are upholding law and order, attending to the
 West Visayas State University
COLLEGE OF ARTS AND SCIENCES
Iloilo City

needs and well-being of the Sibuyanons, and making sure that none of the parties are harmed

by their activities.

On the other hand, the Alyansa Tigil Mina perseveres amidst the stoppage of the

operation saying that the fight is not yet over. Certainly, halting the mining in their island is

already a victory for Sibuyanons but a controversy of APMC harassing local leaders by lodging

cases, wanting to silence the hostility against mining operation is a finger pointing act of ATM

which makes them say that the fight is really not over.

The table below shows a timeline of Sibuyan Island’s decades of opposition with mining

companies looking to extract nickel, chromite, cobalt, and iron from the island. These are

information collated from the Department of Environment and Natural Resources’ Mines and

Geosciences Bureau (DENR-MGB) in Mimaropa, legal documents such as barangay and

municipal resolutions, court decisions, Altai Philippines Mining Corporation’s project description

for public scoping, past media reports, and advocates’ documentation.

The government awards lease contracts to

Sta. Barbara Development Corporation
(STABADECO) to conduct mining exploration
June 23, 1992
in Sibuyan. This contract will allow
STABADECO to explore and develop the
area for a certain amount of time.

Former Philippine president Fidel V. Ramos

declares Mt. Guiting-Guiting, a mountain
February 20, 1996 located in Sibuyan, as a national park. This
affects a huge part of the area stated in the
lease contract.
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STABADECO and Altai Philippines Mining

Corporation (APMC) sign a deed of
assignment. STABADECO effectively
transfers the lease contract to APMC. APMC
pursues application for a mineral production
sharing agreement (MPSA).

According to the Philippine Mining Act of

March 19, 1996
1995, an MPSA is “an agreement where the
government grants to the contractor the
exclusive right to conduct mining operations
within a contract area and shares in the gross
output. The contractor shall provide the
financing, technology, management and
personnel necessary for the implementation
of this agreement.”

May 21, 1996 APMC applies for an MPSA.

Barangay Taclobo in San Fernando endorses

mining projects in their area, saying in a
resolution that it supports “responsible
November 28, 2005
mineral resource exploration, development,
and utilization,” and believes that these will
create jobs for residents.

San Fernando releases a resolution

authorizing former town mayor Dindo Rios to
May 15, 2006 “stop the ongoing drilling activities of the
Sunpacific Resources Philippines, Inc. at
Barangay Taclobo.”

San Fernando releases a resolution

authorizing former vice mayor Jefferlin
Fabella to block the two-year, small-scale
June 14, 2006 mining permit issued to All Acacia Resources
Inc. by filing an omnibus petition for certiorari
with prayer for a temporary restraining order
and injunction with the Regional Trial Court.

Rios orders San Fernando police to stop the

July 5, 2006 mining exploration activities of All Acacia
Resources Inc.

Barangay España in San Fernando endorses

August 10, 2006
the nickel mining application of APMC.
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Barangay Taclobo disowns and declares null

August 14, 2006 and void its past resolution endorsing mining
projects in their area.

Former environment secretary Angelo Reyes

approves five special cutting permits to clear
forests and give way to mining activities in
Sibuyan. About 69,709 trees are estimated to
be cut down.
August 24, 2007
Anti-mining coalition Alyansa Tigil Muna
questions the “midnight approval” and says
this would cause deforestation in the buffer
zone of the Mt. Guiting-Guiting National Park.

Armin Marin, a local municipal councilor, is

shot dead during a picket attended by
anti-mining advocates in Sitio Olango in
Barangay España.

The alleged culprit is a security officer of

Sibuyan Nickel Properties Development
Corporation (SNPDC).
October 3, 2007
According to a Senate resolution ordering an
inquiry into the killing of Marin, SNPDC is a
consortium of mining companies with
interests in the island. This includes Altai
Mining, Sun Pacific, All Acacia Resources,
San Roque Mining, Pelican Resources, and
BHP Billiton of Australia.

The government grants APMC an MPSA,

signed by former environment secretary Lito
December 23, 2009 Atienza, to conduct mining exploration,
development, and utilization of nickel, iron,
cobalt, and chromite in San Fernando.

September 7, 2010 APMC transfers rights to SNPDC.

Rios files a complaint against APMC. In his

complaint, Rios says mining operations
September 13, 2011
“severely endanger the rivers and streams of
Sibuyan.”

The DENR-MGB issues a cease and desist

September 19, 2011 order to APMC. APMC’s permit to explore is
suspended in light of Rios’ complaint.
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An anti-mining monument is unveiled. Former

Romblon governor Eduardo Firmalo says the
monument commemorates the people’s unity
February 15, 2012 against these projects.

“Metallic mining has no room in the province,”

Firmalo says.

Mario Kingo, the suspect in the killing of

anti-mining activist Armin Marin, is acquitted.
May 23, 2012 According to an Inquirer report, Kingo is
sentenced for negligence and imprudence but
is cleared of murder charges.

Two other mining companies, Maxwell

International Holdings Berhad and Global
Mining and Agricultural Ventures Corporation,
August 14, 2017
sign a memorandum of understanding (MOU)
to extract nickel ore in San Fernando,
Romblon.

Maxwell terminates the MOU with Global

Mining and Agricultural Ventures Corporation.

Maxwell reasons that the latter “did not fully

November 29, 2017
disclose information and issues relating to
Sibuyan Nickel Properties Development
Corporation, which holds the rights for mining
and extraction of nickel ores on two parcels of
land with total area of approximately 1,580
hectares in an area located at Barangays
España and Taclobo, Municipality of San
Fernando, Sibuyan Island, Province of
Romblon, Philippines.”

The DENR lifts its cease and desist order

September 29, 2021
against APMC.

Residents disrupt an information and

education campaign, an initiative necessary
May 27, 2022
for APMC to obtain an environmental
compliance certificate.

Barangay Taclobo opposes the impending

May 30, 2022 continuation of mining exploration in their
area.

June 6, 2022 San Fernando calls on then-president

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Rodrigo Duterte, incoming president

Ferdinand Marcos Jr., and Congress “to
declare Sibuyan Island free from metallic
mining and revoke all mining permits and
applications in Sibuyan Island.”

Barangay España, San Fernando, declares

June 20, 2022
itself a mining-free village.

The DENR-MGB renews APMC’s exploration

permit under MPSA No. 304-2009-IVB.

APMC’s exploration work program and

July 12, 2022
environmental work program are approved by
the DENR. In their project description, APMC
estimates a minimum of 25 years to complete
the mining project.

Anti-mining advocates march outside the

DENR headquarters in Quezon City to protest
July 26, 2022 mining activities in Romblon. This comes two
days after the renewal of APMC’s exploration
permit.

The towns of San Fernando, Cajidiocan, and

Magdiwang request President Marcos and
Congress to declare Sibuyan mining-free.

The three municipalities of Sibuyan Island

July 28, 2022
also call on DENR Secretary Ma. Antonia
Yulo-Loyzaga to “immediately review, halt,
revoke, and reject all mining agreements,
operations, and applications within the
territorial jurisdiction.”

The DENR-MGB Central Office issues a

mineral ore export permit to APMC. This
December 29, 2022
permit allows APMC to bulk test 50,000
metric tons of ore.

APMC organizes a public scoping, a

January 19, 2023 requirement under the Philippine
Environmental Impact Statement System.

Anti-mining groups and residents form a

January 26, 2023 human barricade to stop mining trucks
containing nickel ore.
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Videos from the ground show three mining

trucks successfully passing through as police
February 3, 2023 disperse the residents and advocates’ human
barricade. Two are reportedly injured
following the dispersal.

PROPOSED SOLUTIONS AND ALTERNATIVES

The solution to stop the illegal and irresponsible mining in Sibuyan Island in Romblon is

to halt and remove all mining companies in the area. According to a report from Inquirer last

February 6, 2023, Altai Philippines Mining Corporation (APMC) has temporarily voluntarily

halted their mining operations in relation to the occuring protests and residents’ hostilities. In

addition to the ongoing protests, human rights violations and violence in connection with

involved people in mining industries are rampant.

Mining activity on Sibuyan Island, Romblon Province, the Philippines, must be halted to

prevent further killings and violence The peaceful opposition by local communities and

indigenous people to mining that violates their rights and endangers their way of life on the

Filipino Island of Sibuyan has been met with violence resulting in the killing of some 17 persons,

including the recent fatal shooting of the leader of a protest movement by a security guard of the

Sibuyan Nickel Properties Development Corporation on 3 October 2007. Respect for the rights

of local communities inscribed in Philippine law, notably the 1997 Indigenous Peoples’ Rights
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Act, has been overridden by the application of the 1995 Mining Law designed to promote foreign

investment. This has resulted in many illicit mining activities and increased opposition of the

populations directly concerned.

To prevent further violence and killings, the International Secretariat of the World

Organisation Against Torture (OMCT) calls on the Government of the Philippines to halt mining

activities on Sibuyan Island and to establish an independent commission to review respect for

the rights of the local population, to seek ways to protect their rights in the future. OMCT

recommends calling on the UN Special Rapporteur on the human rights and fundamental

freedoms of indigenous people to assist the independent commission. OMCT also calls on

mining corporations and their partners and owners to carry out their activities in strict respect for

the human rights - economic, civil, cultural, political and social - of the populations affected by

their activities and establish control mechanisms that ensure the respect for those rights and

ongoing dialogue with the populations concerned. OMCT further calls on the European Union to

ensure human rights are respected in the implementation of the 2007-2013 EU-Philippines

Country Strategy Paper. This report has been prepared in close consultation with Philippine

non-governmental organizations.

Studies were also set to identify possible solutions to the underlying problems that were

initially set by RA 7942 or the Philippine Mining Act of 1995. A study was made by Commission

on Human Rights Region IV-B to identify the underlying problems brought by mining operations.

Other than laws and regulation, the primary goal of the study is to remove mining industries in

threat of security and lives of the residents as well as environmental protection.

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Iloilo City
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Iloilo City

RECOMMENDATIONS

Human rights should be emphasized and taken into consideration after a thorough

investigation of the issue, hence it is recommended to halt the mining activities as one of the

proposed solutions. Aside from the possibility that mining operations may kill them over time

owing to the consequences they have on human health before mining operations, health impact

assessments should be performed and information provided to communities. Monitoring based

on these baseline studies should be carried out in the vicinity of all mining sites, and companies

should be held responsible for any negative effects observed. Companies should be required to

provide a bond to cover potential health consequences. And the environment, it's also possible

that their fellow men might kill more of them as a result of this dispute. Due to cruel practices

and commercial objectives, many people have died and many humans suffered from

oppression. To step up efforts to end the spate of killings of politically active citizens and

prosecute those responsible. We commend the government on the importance of independent

investigation and the potential assistance that the UN system could provide for this through the

input of the UN Human Rights Special Rapporteurs if invited to visit and report.

In accordance with the recommendations given by the Commission on Human Rights, it

is also advised that this issue be reported on and addressed globally. The European Union

should have mainstream indigenous rights in the 2007–2013 EC Philippines Country Strategy

Paper. Emphasis should be placed on this in its midterm review, ensuring that it is incorporated

as a core element of the country's strategy. The EU should exert its good offices to reduce

tension and promote dialogue, strict adherence to legal processes, and informed

decision-making. Every sector concerned must contribute to the solution of this problem by

offering feasible and effective solutions. To eliminate the conflict of interest in the mandate, the
 West Visayas State University
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Iloilo City

government should consider restructuring the Department of Environment and Natural

Resources (DENR). This would enable the DENR to focus more on the protection and

development of the Philippine environment and renewable natural resources, while the

Department of Mines, Hydrocarbons, and Geosciences would handle mining and hydrocarbon

development licensing and ensure compliance with the highest international technical

standards. In addition to refraining and changing their operations, the affected industries must

also conduct appropriate investigations.

On the other hand, the judicial branch was strongly encouraged to act upon the stringent

implementation of environmental laws. As per to this Sibuyan Island Mining Case, laws that

violate the nation's water code, foreshore lease agreements, salvage zone construction

activities, causeway construction without the necessary Environmental Compliance Certificates,

and tree clearing without a permit are required to be addressed.

Above all, creating a local marble mining coordinating council and a community hotline

where people can directly report violations of mining companies—which, of course, must be

managed by an impartial and humane authority—is strongly suggested as a solution because

locals have environmental and human rights to fight for and must have someone to rely on.

If the relevant authorities strive to be responsible and aware of the environment that we

depend on to supply us with resources, then these solutions, as further suggested, will be

attainable.
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References

Baron, J.E., Baltazar, E. & Mosquera, D. (18 March 2021). An inquiry into the quarry: Lived
experiences in Romblon’s mining communities. CHR Region IV-B MIMAROPA Region.
https://chr.gov.ph/an-inquiry-into-the-quarry-lived-experiences-and-narratives-in-rombons
-mining-communities/
Gozum, I. (3 February 2023). Timeline: Sibuyan Island’s decades of opposition to mining.
Rappler Philippines.
https://www.rappler.com/nation/luzon/timeline-mining-opposition-sibuyan-island-romblon/
Lalu, G. (6 February 2023). Sibuyan Island mining firm says it’s voluntarily stopping all
exploration, tests. Inquirer.net.
https://newsinfo.inquirer.net/1726043/sibuyan-island-mining-firm-says-its-voluntarily-stop
ping-all-exploration-tests
OMCT World Organisation Against Torture. (n.d.) Philippines: Mining activity on Sibuyan Island
must be halted to prevent further killing and violence.
https://www.omct.org/en/resources/urgent-interventions/philippines-mining-activity-on-sib
uyan-island-must-be-halted-to-prevent-further-killing-and-violence
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Documentation and Assignments

A. Preparing the Task

a. Jhoe Hannah Cayanan

b. Kesha May Gellado

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Iloilo City

B. Drafting the Case]

a. Natazha Banas

b. Floren Fe Cayona
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c. Angelic Corros

d. Jules Patrick Tirado

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Iloilo City

C. Finalizing the Case

a. Christianne Madragon

b. Ricah Elllen To-ong