the curious case of irresponsible mining: examining …

THE CURIOUS CASE OF IRRESPONSIBLE MINING:

Examining the Philippine Mining Industry and the role played by Local Environmental Justice

Movements (LEJMs) of Sta. Cruz, Zambales in addressing Irresponsible Mining

as a contemporary struggle in the Philippines

An Undergraduate Thesis

Presented to the Faculty of the

Department of Social Sciences,

College of Arts and Sciences

University of the Philippines, Manila

In Partial Fulfillment

of the Requirements for the

Bachelor’s Degree in Political Science

By

Cyra Katherine D. Canto

2013-49319

May 2017

Canto, C. K. D. | 2

Department of Social Sciences

College of Arts and Sciences

University of the Philippines, Manila

APPROVAL SHEET

In partial fulfillment of the course requirements for the degree of Bachelor of Arts in Political Science, this

undergraduate thesis entitled, “The Curious Case of Irresponsible Mining: Examining the Philippine

Mining Industry and the role played by Local Environmental Justice Movements (LEJMs) of Sta. Cruz,

Zambales in addressing Irresponsible Mining as a contemporary struggle in the Philippines,” is prepared

and presented by Ms. Cyra Katherine D. Canto to the Political Science Program under the Department of

Social Sciences of the College of Arts and Sciences – University of the Philippines, Manila.

This seminar paper is hereby accepted and approved in partial fulfillment of the requirements for the degree

of Bachelor of Arts in Political Science.

Professor Josefina G. Tayag

Thesis Adviser

Wherefore, this seminar paper entitled, “The Curious Case of Irresponsible Mining: Examining the

Philippine Mining Industry and the role played by Local Environmental Justice Movements (LEJMs) of

Sta. Cruz, Zambales in addressing Irresponsible Mining as a contemporary struggle in the Philippines,”

written by Ms. Cyra Katherine D. Canto is hereby accepted and approved in partial fulfillment of the

requirements for the degree of Bachelor of Arts in Political Science.

Professor Jerome A. Ong

Chairperson – Department of Social Sciences

Canto, C. K. D. | 3

ACKNOWLEDGEMENTS

Firstly, I would like to thank the Heavenly Father for standing by me in the four years I have spent

in college. The UP Manila experience was all worthwhile because of Your grace and guidance. Thank you,

God, for instilling love and a sense of service in me.

To my family – Mom, Dad, Bryan – thank you. Thank you for providing me with all the love and

support you could give. Thank you for being so understanding during those busy days of thesis-writing.

You will always be my rock and foundation as I try to be stronger everyday in facing and conquering the

tides of life. I offer to you the honor of finishing this scholarly work.

I would also want to express my deepest, heartfelt gratitude to Ninang Jovy, Mama Norms, Ate

Nikki, and Raphael. Thank you for being my second home. I share this success with you as I would not be

where I am today if not for your love and generosity.

Of course, I would also want to thank my college crowd – the #TeamRamota, Wednesday Crew,

Pokercia, my Block 3 babies, my co-FBCs, my POLIS family, and CYA. I will always be grateful for you

as you added so much color to my life and have helped me become a better version of myself.

Special mention to #TeamRamota / PPuff – Majoy and AJ. Our group will always be my favorite

trio. Thank you for being each other’s support system. I honestly didn’t expect that I will be finding my

soul sisters during my last year in UP. Here’s to more #TitaMoments and foodtrips!

To the Wednesday Crew (turned CYA brothers and sisters) – Genry, Macy, Dea, Jah, Kyle, Oscar,

Matt, – I am very much thankful to the universe for conspiring the world and allowing us to be classmates

in Political Science 171. “Happy Wednesdays” will always be my happiest memory of you, guys. Thank

you for the friendship we share and for opening your lives to the crew. Thank for the constant push in life!

To my UP Political Science Society (UP POLIS) family, thank you for letting me grow in the

organization. I am sure that this character development that I have gone through was partly because of you.

The roles I have undertaken in UP POLIS made me the leader I am now.

Canto, C. K. D. | 4

To Christ’s Youth in Action (CYA), thank you for accepting me and welcoming me with open

arms. Here’s a shoutout to Macy for inviting me to be part of this loving family. Through CYA, I have

become more committed to service and to achieving my dreams. Special thanks to Kuya Peter, Mella, Ate

Flo, Kuya Jarold, Monica, Biboy, Ate Mich, Kuya Niño, Jette, Raymond, and Jorem.

I would also want to thank the Center for Environmental Concerns – Philippines for accepting me

as your intern for the months of June and July, 2017. Not only were I able to gain knowledge on the

environmental situation of the country through a socio-political and economic lens, but I have also been

able to develop a special kind of relationship to the people of Sta. Cruz, Zambales because of the field

experience. Thank you to the national office team – Ate Lia, Kuya Ryan, Kuya Ara, and Julius, – and to

the Zambales team – Ate Meggie, Kuya Efraim, Ate Sheena, and Sedrick. You made realize that

environmental justice, being primarily linked to social justice must, together, be struggled on by a united

Filipino nation.

I express my sincerest gratitude to the people of Sta. Cruz and to the selected members of local

people’s organizations who entertained my questions during the interviews conducted. Thank you for all

the patience and the time you granted me. To Nanay Tita, to my Nanay’s and Tatay’s in Sta. Cruz, and to

all residents who are persistently fighting for their environment and for the life of their local community, I

dedicate this to you. Your boldness in the anti-mining struggle inspired me to write and finish this

undergraduate thesis. This is all for you. Always know that Sta. Cruz will always have a special place in

my heart.

To the experts I interviewed for this study – Dr. Molino, Ms. Meggie, Mr. Karl, Congressman

Zarate, Ms. Norie, and Mr. Jaybee, – thank you for sharing your wisdom and knowledge regarding the issue

of irresponsible mining. Indeed, the environmental problem must be addressed with a sense of urgency for

the Philippine environment is in great peril now more than ever.

Canto, C. K. D. | 5

To my dearest thesis adviser, Professor Tayag, thank you for the 100% support you have given me

from the beginning until the very end of the semester. Thank you for believing in me, for seeing my

potential, and for motivating me to finally, finally finish my thesis. I am truly grateful for the bonus

motherly love and care that we receive from you every now and then.

To my favorite professors – Professor Ramota, Professor Ponsaran, Professor Advincula, and

Professor Estrella, – thank you for being the most passionate instructors I ever had. Rest assured that all the

knowledge you imparted shall be used to serve the Filipino people for the betterment of our nation. As you

have inspirited in me the true value of “Tatak UP,” you will then always be my modern academe heroes.

To the University of the Philippines, Manila, what-a-journey! Four years – four zealous years of

studying and fighting for our beloved Philippines. To be an Iskolar ng Bayan is both an honor and privilege.

I am in deep awe of how fast those four years of learning have been, realizing that I am about to leave the

halls of Rizal and Andres Bonifacio soon and embark on a new journey for the life that is ahead of me.

Lastly, to the Filipino people, to the masses – the marginalized and oppressed, – you are the very

reason why being a Filipino and a UP student made a whole lot of sense to me. This undergraduate thesis

is for you. I dedicate my life to you, Philippines, and I will never give up on you, for I am Cyra Katherine

D. Canto, an Iskolar ng Bayan, Para sa Bayan.

The Curious Case of Irresponsible Mining

Canto, C. K. D. | 6

ABSTRACT

The research study covers the state of the Philippine mining industry and how the Philippine Mining

Act of 1995 serve as the principal law which provides the legal framework for the mining sector. As the

domestic mining industry presently directs itself towards further liberalization, the study then explores the

implications of the mining activity to the Philippine environment and to the Filipino populace. With the rise

of the environmental and social phenomenon of “irresponsible mining,” the research discovered that local

resistance was then made manifest through the formation of Local Environmental Justice Movements

(LEJMs). By popularizing these modern-day social movements, greater citizen engagement in the aspect

of public policy-making is then expected. In the research, a case study of the mining situation of Sta. Cruz,

Zambales was given focus to examine how Sta. Cruz LEJMs had become the voice of the oppressed local

mining community in the political arena. The mining saga of Sta. Cruz is an appeal to the public sector to

assess the Philippine mining industry and its ramifications to the environment and the people at large. The

call for an alternative mining framework that is committed to sustainable development and to the national

interest is then upheld as this study’s paramount aim.

Keywords: Irresponsible Mining, Environmental Justice, Local Environmental Justice Movement,

Philippine mining industry, local mining community, Philippine Mining Act of 1995, Financial or Technical

Assistance Agreement, Mineral Agreement, national industrialization, national interest


Canto, C. K. D. | 7

TABLE OF CONTENTS

Approval Sheet ............................................................................................................................................ 2

Acknowledgements ..................................................................................................................................... 3

Abstract ........................................................................................................................................................ 6

List of Tables and Figures .......................................................................................................................... 9

CHAPTER I: Introduction ...................................................................................................................... 10

Introduction ............................................................................................................................................. 10

Research Question................................................................................................................................... 11

Tentative Answer .................................................................................................................................... 11

Research Objectives ................................................................................................................................ 12

Review of Related Literature .................................................................................................................. 13

History of Philippine Mining ............................................................................................................. 13

Mining and the Environment ............................................................................................................. 14

CSOs and the Philippine Mining Industry ......................................................................................... 17

Globalization and Philippine Mining ................................................................................................. 20

Synthesis and Gaps ............................................................................................................................. 20

Situationer ............................................................................................................................................... 22

Theoretical Framework ........................................................................................................................... 24

Conceptual Framework ........................................................................................................................... 28

Definition of Terms and Operationalization ........................................................................................... 31

Research Design ...................................................................................................................................... 35

Method for Data Analysis ....................................................................................................................... 37

Ethical Aspect of the Research ............................................................................................................... 38

Scope and Limitation .............................................................................................................................. 38

Relevance of the Study ........................................................................................................................... 39

Matrix and Methodology ........................................................................................................................ 40

CHAPTER II: The Philippine Mining Industry .................................................................................... 43

The Richness of Philippines’ Mineral Reserves ..................................................................................... 43

How the Mining Industry operates .......................................................................................................... 45

Mining Industry’s contribution to the National Economy ...................................................................... 46

The Philippine Mining Industry and the Labor Sector ............................................................................ 53

CHAPTER III: Philippine Mining Act of 1995 and the Liberalization of the Mining Industry ....... 55

Historical Background of Philippine Mining Laws and Policies ............................................................ 55

The Philippine Mining Act of 1995 ........................................................................................................ 57


Canto, C. K. D. | 8

On the Constitutionality of Philippine Mining Act of 1995.................................................................... 59

Assessing the Philippine Mining Act of 1995 ......................................................................................... 61

CHAPTER IV: The State of “Irresponsible” Mining in Sta. Cruz, Zambales.................................... 65

Overview of the Sta. Cruz Mining Saga ................................................................................................. 65

The “Irresponsible State of Mining” according to Locals and Experts ................................................... 66

Irresponsible Mining negatively impacts Human Life ....................................................................... 66

Irresponsible Mining engenders Environmental Degradation ............................................................ 68

Irresponsible Mining aggravates Agriculture-based Livelihood......................................................... 70

Irresponsible Mining is Profit-oriented and has No Benefit to the Community ................................. 71

CHAPTER V: The Role of Local Environmental Justice Movements (LEJMs) of Sta. Cruz ........... 73

Timeline of the Sta. Cruz Anti-Mining Struggle .................................................................................... 73

Forms of LEJMs executed by Sta. Cruz Residents ................................................................................. 74

Mass Demonstrations .......................................................................................................................... 74

Popularizing the Environmental Issue ................................................................................................ 76

Examining the impact of Sta. Cruz LEJMS at the Local and National levels ........................................ 77

Impact of LEJMs to the Local Level .................................................................................................. 77

Impact of LEJMs to the National Level .............................................................................................. 77

Legal Measures taken against Large-scale Mining in Sta. Cruz ............................................................. 78

CHAPTER VI: Summary and Analysis.................................................................................................. 81

Summary ................................................................................................................................................. 81

Analysis ................................................................................................................................................... 82

CHAPTER VII: Conclusion and Recommendations ............................................................................. 83

Conclusion .............................................................................................................................................. 83

Recommendations ................................................................................................................................... 85

Increased Support for LEJM and its Advocacy .................................................................................. 85

Enact an Alternative Mining Law ....................................................................................................... 86

Synthesis ................................................................................................................................................. 87

References .................................................................................................................................................. 88

Appendix A: KII and FGD Guide ........................................................................................................... 93

Appendix B: Qualitative Data Presentation ........................................................................................... 96

Appendix C: Informed Consent Form .................................................................................................. 130


Canto, C. K. D. | 9

LIST OF TABLES AND FIGURES

Table Page

1 Matrix of Methodology ............................................................................................................................ 40

2 Philippine Mineral Production ................................................................................................................. 44

3 Contribution to Philippine GDP ............................................................................................................... 47

4 Gross Production Value in Mining .......................................................................................................... 49

5 Total Collection of Mining taxes, fees, and royalties .............................................................................. 51

Figure Page

1 Philippine Mining Industry’s Contribution to GDP ................................................................................. 48

2 Gross Production Value in Mining .......................................................................................................... 50

3 Total Gross Production Value in Mining ................................................................................................. 50

4 Total Collection of Mining taxes, fees, and royalties ............................................................................. 52


Canto, C. K. D. | 10

CHAPTER I: INTRODUCTION

Introduction

“Irresponsible mining” as an emerging phenomenon has not only engendered ecological instability

for the Philippine state of environment but has also prompted social risks for the Filipino populace and local

communities. As a country endowed with rich natural resources, the Philippines has one of the world’s

most productive mineral sector given the vastness of its mineral-rich lands. At present, it was reported that

the high geological activity of the country propelled it to be a leading producer of gold, nickel, copper,

chromite, and other mineral reserves.

With the domestic mining industry being expansively developed, it may be assumed that the

eventual legislation of Republic Act No. 7942, also known as the “Philippine Mining Act of 1995” is one

anticipated event. Under the aforementioned law, the Philippines has liberalized the mining industry by

allowing foreign investments and ownership. Throughout time, the Philippine Mining Act of 1995 has been

questioned by several groups for its disadvantageous dimension. The law’s tolerance of the destructive

measures of mining activity and its ecological and social consequences then induced “irresponsible mining”

to be viewed as a pressing challenge in a third world country like the Philippines.

Widely evident in several local mining communities in provinces, irresponsible mining has been

perceived as a struggle for the immediate recipients of the its hazards. The specific case of Santa Cruz,

Zambales is one which exhibits the detriment of the mining activity in their municipality. In effect, local

environmental justice movements (LEJMs) were then organized and employed by Sta. Cruz residents to

attend to the urgent need of addressing the local problem. If not for the citizen action of campaigning against

the environmentally-destructive activity, the issue of irresponsible mining would not have been elevated to

the national level. By looking through the lens of LEJMs, the study then aims to examine the movement’s

political implications to government response and citizen participation in the policy-making process. In

fostering a more powerful and engaging kind of social movement, the advocacy for a pro-people and

environment-sensitive alternative mining law shall then be amplified to a greater degree.



Research Question

Core Question: How do Local Environmental Justice Movements (LEJMs) in Sta. Cruz, Zambales reflect

the national environmental struggle on irresponsible mining in the Philippines?

Sub-questions:

1. How does the Philippine mining industry’s production capacity contribute to the other sectors?

2. For its several years of implementation, what has been the approach of the Philippine Mining Act

of 1995 (Republic Act No. 7942) to the national interest and development of the country?

3. How does the state of irresponsible mining in Sta. Cruz, Zambales impact the local residents and

the community?

4. What is the role played by Local Environmental Justice Movements (LEJMs) in Sta. Cruz,

Zambales in generating government response to address the Sta. Cruz mining saga and in advancing

the local environmental problem of irresponsible mining to the national level?

5. With the proposed alternative mining bills currently being reviewed in Congress, to what extent

shall the Mining Act of 1995 be abolished and be replaced by a pro-people and environment

sensitive mining law?

Tentative Answer

Through the different forms of LEJMs exhibited by the anti-mining groups of Sta. Cruz, Zambales, it may

be deduced that mass demonstrations and other resistance activities by the local organizations, green

groups, and the religious sector contribute in advancing the struggle against irresponsible mining and pave

the way for the recognition of irresponsible mining as both a local and national environmental concern.



Research Objectives

General Objective: To examine the impact of Local Environmental Justice Movements (LEJMs) in Sta.

Cruz, Zambales on the attempts made in addressing irresponsible mining as a national environmental

problem in the Philippines.

Specific Objectives:

1. To evaluate the domestic mining industry and its contributions to the other sectors.

2. To assess the nature and orientation of the mining framework set by Republic Act No. 7942 or the

Philippine Mining Act of 1995.

3. To examine the state of mining in Sta. Cruz, Zambales and its impact on the people and the local

community.

4. To analyze the role of LEJMs in the attainment of government response on irresponsible mining in

Sta. Cruz, Zambales and in the advancement of the local environmental problem of irresponsible

mining into that of a national concern.

5. To strengthen the grounds for passing an alternative mining bill which will advocate for a pro-

people and environment-sensitive domestic mining industry.



Review of Related Literature

History of Philippine Mining

The history of mining in the Philippine islands may be traced back to the country’s pre-colonial

period, during the time when it was only generally classified as a community-based activity which family

groups collectively performed. Sections of a mountain were apportioned to the different clans working

individually or by clusters. Filipino natives, at that time, valued highly the minerals extracted from their

tribal community by using gold, agate stones, and precious stones as ornaments for bodily display

(Corporate Watch, 2010). Historically, only primeval working tools were available for mineral extraction.

Hammers, axes, spades and crowbars, sacks, and torch lamps were the mining tools used by Filipino natives

to search for and quarry mineral deposits. Tujan and Guzman (2002) noted in their book, Globalizing

Philippine Mining Industry, that the country’s early miners were actually from the tribes of Kankana-ey

and the Nabaloi, and as soon as methods of the mining activity were discovered by other regions, the

Surigaonons and Bicolanos then familiarized themselves with the same.

It was during the 1520s when Spanish conquistadores and settlers arrived in the Philippines,

proceeding to their quest for mineral resources and raw materials. Simbulan (2016), in his journal article,

Indigenous Communities’ Resistance to Corporate Mining in the Philippines, stated that following the

Spanish settlement was the enforcement of the Regalian Doctrine which became the legal basis through

which the King of Spain made claims of owning all the lands of the Philippine territory (Simbulan, 2016).

The Spanish law, Inspeccion de Minas, was eventually enacted to commence the wider search for valuable

minerals in the rich archipelagic Philippines islands (Corporate Watch, 2010). As the Spanish colonizers

began their extensive mapping and execution of sporadic surveys, the provinces of “Subuth” (Cebu),

“Bindoro” (Mindoro), “Baguindanao” (Maguindanao), and Masbate were then explored and discovered to

have a proliferation of gold deposits. The islands of Luzon and Mindanao were further traversed in search

of other minerals, but particular provinces, such as those forming part of the Cordilleras, were not conquered

due to the strong resistance of the residing indigenous communities (Tujan & Guzman, 2002).



After three centuries, it was noticed how the influx of the new colonizers – the Americans – affected

the mineral exploration and management of Philippine resources. Given the western inclination towards

imperialism, a more intensive approach on the mineral extraction activity was observed. With the US now

moving towards the era of industrialization, greater demands for natural resources apparently resulted to

the massive exploitation of its colonies. Similarly, geological and economic survey teams spread throughout

the archipelago in order to maximize the colonial agenda – which is to harvest all valuable resources,

including minerals. In effect, the team produced a databank of the Philippine mineral resources which gave

way to a more systematic administration of the Philippine mining industry. It was also during the American

colonial period when several mining laws were legislated in order to regulate the mining activity, such as

the Mining Law of 1905 and the 1936 Mining Act. In the contemporary times, these mining laws are still

manifested in the presently existing Philippine Mining Act of 1995 which principally regulates all mining

activities in the country (Tujan & Guzman, 2002).

Mining and the Environment

The mining activity has always been perceived as having such high potential of being a contributor

to environmental degradation. In fact, according to a study by IBON in 1997, it was deduced that mining is

often associated with deforestation, slope destabilization, desertification, crop damages, siltation, alteration

of land terrain and the sea floor, increased water turbidity, and air pollution, among others (as cited in Tujan

& Guzman, 2002). It is then assumed that through mining, the Philippines invites grave ecological impacts

which pose severe challenges to the Philippine environment. With this, it is then observed that the following

are some of the most prevalent manifestations of irresponsible mining incidents that have long been

embedded in the eco-political trend of Philippine domestic mining industry: (1) mine waste management,

(2) chemical spillages during transportation accidents, (3) toxic acid mine drainages, (4) loss of biodiversity,

and (5) mine reclamation.

In 2006, a factfinding mission was conducted in the country to investigate on the environmental

and community concerns of Filipinos who are exposed to the mining activities around their living area. The



team, composed of environmental experts and human rights advocates, reported that the Philippines had

consequently been listed in the United Nations Environmental Programme’s (UNEP) record of being among

the world’s leading countries that often encounters failures in mineral dam tailings and mining management.

The impacts that mining caused to local communities had engendered a difficult situation to the local

residents – specifically in terms of their livelihood, health, and their general state of living. As for the

adverse effects of mining on the Philippine environment, the research included in its documentation several

polluted rivers, damaged coral reefs and mangrove forests, and infertile farming fields, proving that the

mining practices of the Philippines are grounded on an unsustainable mining framework. (Doyle, Wicks &

Nally, 2007).

Types and Cases of “Irresponsible Mining” Accidents in the Philippines

It is a pre-given fact that the mining activity is often faced with the problem of waste management.

An aggregation of mineral tailings comes as a result of the formation of a tailings pond which usually

extends to the open seas and the local community area. One case that renders the problematic issue of mine

spillage was that of the Palawan Quick Silver Mines in 1975. The mining company was held responsible

for the spilling of mercury-laden mine tailings in Palawan that resulted to multiple cases of the Minamata

disease. Several individuals who were residing along the province’s coastal area were found positive of the

dreadful neurological illness that was caused by mercury poisoning (Tujan & Guzman, 2002). In 1996,

Marcropper Mines caused the mine tailing spill in Marinduque which was recorded as one of the most

dreadful toxic waste spillage cases in the country (Raymundo, 2014).

Aside from mine waste management, another dilemma encountered in mining is the probability of

spillages during the delivery of mining chemicals. The transporting of mercury and cyanide requires more

caution to mining truck drivers as on-the-road chemical spillovers have been widely apparent. Another

problem concerning the mining activity is the creation of acid mine drainages. In most cases, Sulphur – an

element found in ores – combines with oxygen and water, thus producing a certain form of acid that

accumulates to form a toxic mine drainage (Bravante & Holden, 2009).



The loss of biodiversity as a result of mining is also one of the most alarming challenges brought

by the mining activity. Since most mining operations entail deforestation and impact the marine ecosystem

due to chemical spillages, it is assumed that there should be a greater regard given to the living organisms

in the area before the signing of a mining permit. Lastly, it was noted that the phase of mine reclamation is

one of the most pressing challenges brought by mining as companies often neglect their responsibilities for

the rehabilitation of mining sites, hence failing to restore the quality of the site’s prior environmental state

(Bravante & Holden, 2009).

Impact on Local Community: How Mining affects Agricultural Livelihood

Land degradation is one of the most crucial effects of mining, especially in agriculture-dependent

mining communities. Moomen and Dewan (2016) in their journal article, Assessing the Spatial

Relationships between Mining and Land Degradation: Evidence from Ghana, posit that mining activities

often result to soil acidification which is unfavorable to farmers as it induces difficulties in irrigational

farming, land grazing, and crop yielding. Moreover, as mining alters the topographical landscape of

agricultural farms, it may be observed how the vegetative cover becomes more exposed, thus leading to

soil erosion. Rivers which are used for irrigation of the farming activity, and as a marine sanctuary for

agricultural fish production also suffer greatly from irresponsible mining. In fact, it was reported that in

1985, the mining operations in Baguio devastated the lower regions of the area with the siltation of the

irrigation canals and paddy fields. The agricultural conditions of neighboring provinces – Pangasinan, La

Union, and Ilocos Sur – have also been at stake during that period. In the Evaluation Committee

Accomplishment Report 1992-1993 by the Mineral Economic Division, MGB, it was reported that the

Agno River in Benguet had suffered the worst of all mining-induced siltation and pollution (as cited in

Tujan & Guzman, 2002).



CSOs and the Philippine Mining Industry

Role of Local Mining Communities in the Anti-Mining Struggle

With the liberalization of the mining industry, it was observed in the contemporary time how

foreign mining companies are much more engrossed in investing in the domestic mining sector, particularly

in the mineral-rich provinces of the Philippines. Simbulan (2016) assumes that in most cases, host

communities of large-scale mining are situated in indigenous areas. Due to this, the Kalipunan ng mga

Katutubong Mamamayan ng Pilipinas, or KATRIBU, was established to unite all indigenous people (IP)

groups in the country in advancing their collective interests, especially that of their right to ancestral

domains.

Aside from KATRIBU being the national federation of Filipino indigenous people, other IP

organizations have also been established in the different regions of the country. In Mindoro, the indigenous

tribe of Mangyans forms a large part of the provincial population. The Nickel Project located in the southern

region has greatly affected the Mangyans’ way of life with the eventual intensification of militarization in

the mining community. With this, the IP group then joined the local alliance, “Unity of Mindoro Against

Foreign Mining.” Another group of indigenous people are the Lumads who reside in the island of

Mindanao. Last September 2015, it was reported that three of the tribe’s leaders had been allegedly killed

by a suspected paramilitary group which was protecting the corporate large-scale mining operations in the

province (Simbulan, 2016).

In 1997, an opposition movement organized by several Igorot women fought against the opening

of six mining sites in Cordillera. This significant event led to inter-tribal cooperation in the province and

the creation of the “Unity Pact of Tribes against mining operation of the Benguet Consolidated Mining”

(Simbulan, 2016). Another corporate mining resistance case was that of the residents of Rapu-Rapu,

Palawan in their struggle to free their province from the environmental destructions done by the mining

activities of Lafayette Philippines, Inc. (LPI). The Rapu-Rapu locals had soon formed the Sagip Isla, Sagip

Kapwa people’s organization which protested against the prevalence of destructive mining operations in

their area (Rico, 2013).



Involvement of Non-Governmental Organizations and the Church

Civil Society has played a significant role in bridging the gap between the people and the state

actors. In the Philippines, Holden (2005) posits that there are two distinct dimensions of civil society: (1)

non-governmental organizations (NGO) and (2) the religious sector (Roman Catholic Church). For the case

of mining, it was noted how Legal Rights and Natural Resources Center (LRC) – Kasama Kalikasan, a

Quezon City-based NGO, has worked hand in hand with the Bla’an IPs of Mindanao in the constitutionality

case of the Philippine Mining Act of 1995. As with the Catholic Church’s involvement in issues concerning

social justice, it was reported that Bishop Manguiran of the Diocese of Dipolog, Zamboanga had once

provided a public statement regarding the human rights violations done upon the Subanen tribe by the

Toronto Ventures Inc. – a Canadian mining firm (Holden, 2005). Nevertheless, Simbulan (2016) claims

that aside from NGOs and the Catholic Church, the strength of social movements against corporate mining

in the domestic setting was also even more heightened with the involvement of other strands that compose

the Philippine society, such as farmer associations, students, lawyers and scientists.

CSO’s Strategies and Forms of Resistance against Mining

Host communities of mining activities by multi-national mining corporations are often confronted

with the dilemma of advancing their environmental justice concerns to a higher extent. In time, several

means of resistance were developed by the different sectoral groups in order to obtain remedies in resolving

irresponsible mining. According to Simbulan (2016), the tools of resistance which have been employed

against corporate, large-scale mining in the Philippines over time were as follows:

(1) Research, popularization, documentation, and human rights monitoring of host communities;

(2) Capacity-building for impoverished and marginalized sectors in the locality;

(3) Strong collaboration and link between environmental scientists and the affected communities;

(4) Coordination of legal suits and other cases on the violation of human rights and other relating laws and

statutes;

(5) Formation and maintenance of research group; and



(6) Active networks between and among the affected locals and their supporting groups – civil society

organizations. Furthermore, the scholar adds that both regional and international solidarity against mining

activities must be sustained in order to elevate the position of social and environmental justice among the

repressed mining communities (Simbulan, 2016).

The Case of Rapu-Rapu, Palawan: Resistance through Collective Action

Rico (2013) studied the case of Rapu-Rapu residents’ opposition on the large-scale mining

activities in the province of Palawan. In 2005, two major mine tailing spillages took place in Rapu-Rapu

which triggered the resistance movements of the local individuals. The formation of the Sagip Isla, Sagip

Kapwa gave way to an increase of awareness among the residents of the province. With the local PO’s

consistent lobbying and organizing, locals have then been more conscious of the environmental impact of

mining activities operating in their area and have been responsive through social action. On December

2007, Sagip Isla, Sagip Kapwa organized a weeklong activity by launching a people’s camp. The event

involved a series of activities in which the community members participated in, such as mass

demonstrations, prayer rallies, forums, and discussions (Rico, 2013). The aforementioned activities are just

some of the means which host communities and concerned civil society groups employ to reinforce their

campaign for environmental justice.

Globalization and Philippine Mining

In today’s contemporary time, the normalization of globalization has been apparent in almost every

part of the world. With the implementation of neo-liberal policies that are principally in favor of developed

states, third world countries, such as the Philippines, then endure the underlying consequences of a

capitalist’s framework. As observed, the manifestations of the present trend of globalization in third world

countries then come in the form of cases of massive land-grabbing, the rapid depletion of natural resources,

devastation of the environment, wholesale displacement of communities, intensified militarization, and

grave human rights violations (Araullo, 2015).



On the issue of mining, globalization also has been presumed to play an essential role in the “export-

oriented” and “import-dependent” nature of the Philippine mining industry. In fact, Riguera (2004) provides

in a Southeast Asia Research Centre working paper that upon the ratification of the Philippine Mining Act

of 1995, fifty of the largest mining companies in the world then immediately applied for contract

agreements to the now liberalized mining industry. Through neo-liberalization, foreign corporations taking

interest in the potentially mineral-rich lands of the Philippine islands are then granted the same rights on

mineral operations as those of the domestic ones. Under such framework, state intervention is eventually

overshadowed by the private sector’s control over the mining industry. Hence, Araullo (2015), in her

presentation entitled, Neo-Liberal Globalization on Mining, states that the private sector buttresses even

more the liberalization of the industry as it is comprised of both transnational corporations (TNCs) and

local mining firms, therefore bolstering even more profit-maximization tendencies.

Synthesis and Gaps

Synthesis

The mining sector in the Philippines had a long history which even involved the period of

colonization. Since the pre-colonial era, it was already evident how mining took part in the daily lives of

some Filipino tribal communities. It was only until mid-16th century when western colonizers had

transformed the system of the domestic mining industry by imposing laws which were fundamentally

inclined to their country’s interests. As the colonizers expanded their reach in the geological exploration

projects conducted, it was even more proven how rich the Philippines is in terms of mineral resources

availability.

However, the popularity of the mining activity is not generally celebrated by all sectors of the

Philippine community. Mining and environment have always been incompatible, given the ecological

consequences that large-scale mining activities cause. Through the years, several provinces in the country

had been witnesses and victims of these irresponsible mining-related accidents that then induced resistance

at local level and the formation groups and alliances against mining. Eventually, the anti-mining sentiment



grew stronger in selected regions of the Philippines, manifesting how irresponsible mining has essentially

become both a political and environmental issue that needs to be addressed urgently.

At the time of globalization, the country’s active participation in the global market is viewed as a

threat to the nationalist aspect of the Philippine economy considering its toleration of the export-oriented,

import-dependent framework set by the neo-liberal policies. With this at hand, various industries in the

country have then gradually opened themselves for privatization, deregulation, and foreign-ownership,

hence including the Philippine mining sector. This shift to liberalization was ultimately exhibited in the

area of the mining industry through the implementation of the Philippine Mining Act of 1995 which will

be discussed in the further segments of this research study.

Gaps

As for the gaps observed in the review of related literature, it may be noticed that the literatures

cited failed to cover the efforts done by the Philippine government in dealing with the grievances of anti-

mining groups, both in the past and present time. There was no exposure and portrayal of the role played

by either the national or local government on how it could have addressed the environmental issue of

irresponsible mining before it was even popularized at the contemporary period. For instance, the related

literature only presented data on cases of mining-induced accidents, hence was not able to provide a detailed

review on how the government administered the incidents and penalized the perpetrators of such

environmental crime. The study would have been more comprehensive if it has included state actors in

examining the state of Philippine mining.



Situationer

Overview of Sta. Cruz, Zambales

According to the Philippine Statistics Authority (2016), Santa Cruz is identified as a first-class

municipality of the province of Zambales, located in Region III – Central Luzon. As of May 2010, the town

was recorded to have a population of 53, 867, 31,098 of whom are registered voters. Despite its distance

from the province’s capital, Iba, Sta. Cruz ranks third in being one of the most populous municipalities in

the Zambales.

There are twenty-five (25) barangays comprising Sta. Cruz, Zambales, and these are the following:

Babuyan, Bangcol, Bayto, Biay, Bolitoc, Bulawon, Canaynayan, Gama, Guinabon, Guisguis, Lipay,

Lomboy, Lucapon North, Lucapon South, Malabago, Naulo, Pagatpat, Pamonoran, Poblacion North,

Poblacion South, Sabang, San Fernando, Tabalong, Tubotubo North, and Tubotubo South Philippine

Statistics Authority (2016). According to a fact-finding mission led by the Center for Environmental

Concerns in 2015, it was noted that majority of the barangays in the municipality have been affected by the

nickel-laden flashfloods brought by Typhoon Lando. The impact of the natural disaster, magnified by

irresponsible mining operations in the area, encouraged the people to unite in their struggle against

irresponsible mining and save their natural environment.

With approximately 3,798 hectares, or more than 8% of Sta. Cruz’ 43,846 ha. total land area, being

dedicated to agricultural work, it is observed that a segment of the municipality’s total population is highly-

dependent on farming and fishing activity which are their primary sources of livelihood. Given this premise,

one draws the reason that the mining operations present in Sta. Cruz then poses a great threat to the way of

life of a major sector of Sta. Cruz granted that mining alters the physical attributes of the natural

environment, making it less conducive to an agriculture-based line of work.

Sta. Cruz, Zambales Mining History

The mining saga of Sta. Cruz started in 2006 with initially two mining companies operating in the

province – the Benguet Nickel Minerals Inc. (BNMI) and the Shangfil Mining and Trading Corporation



(SMTC) (Molino, 2015). As of 2015, the Center for Environmental Concerns (2015) reports that seven

mining firms are holders of Mineral Production Sharing Agreements (MPSA) which allowed large-scale

mining operations to commence in the local community. Few of the other mining firms that were added to

the list of mining contractors operating in Sta. Cruz are: the Zambales Diversified Minerals Inc.(ZDMC-

DMCI), Eramen Minerals Inc. (EMI), and LNL Archipelago Minerals Inc. (LAMI).

For the six years of large-scale mining operating in the locality, some residents of Sta, Cruz attested

that they have been able to obtain gains from the industry, hence the development of the local term, “katas

ng mina.” In addition, it was noticed that there has been a widespread ownership of motorcycles among the

town dwellers. The selected few locals who have become employees of some operating mining companies

are the ones who have evidently exhibited an elevation of their social standing through the increase of their

material purchases. In an interview with some wives of local miners, it was found that an eight-hour

working scheme provides a daily earning of PhP 370.00 which is actually double the pay that one may

receive from a one-day farm work labor (Ayroso, 2012).

General Impact of Mining to Sta. Cruz community

It was not ong when the people were finally exposed to the ailing situation of their environment.

The peak of the local communities’ realization of the gravity of the repercussions of large-scale mining was

during Typhoon Lando (Typhoon Koppu) in October 2015 and its aftermath. In a fact-finding mission

report by the Center for Environmental Concerns (CEC), Move Now! – Zambales, and St. Michael Parish

(2015), it was discovered that the massive flashfloods experienced during the occurrence of Lando had

engendered massive lumps of red mud. This “pulang lupa,” as what the locals call it, was primarily

comprised of nickel laterites and other mine tailings that came from the mining camps and flushed down

into the community. It covered most of the barangays’ agricultural lands, fishponds and coastlines, and

residential homes.

Evidences show that the mud deposits found in the farm areas and fishing ponds were principally

brought by the floods coming from the following rivers: the Cabaluan River, Sta. Cruz River, and



Pamalabauan River. The minor sources of flashfloods, on the other hand, are the Gama River and Nayum

River. In conclusion of CEC’s report, the following were the findings produced by the research team:

(1) Mined-out areas along the mountains of Zambales, which now display an altered landscape form, have

lost its natural capacity of water absorption, hence resulting to strong flashfloods rushing to the lower ends

of the community;

(2) Mining companies operating in the province have not established a proper catchment system that would

protect the local community from the hazards of mining;

(3) As there is no proper disposal system for mining wastes, mining sediments, tree-cuts, and logs were

then incorporated into the flashflood;

(4) Government agencies involved failed in the strict implementation of environmental rules and

regulations; and

(5) Two of the mining firms operating in the area lacked data in their submitted EIA (Environmental Impact

Assessment) (CEC et al., 2015).

Theoretical Framework

The area of environmental politics has been gaining attention in both the international and domestic

political discourse at the contemporary period. With the emergence of the climate change phenomenon

operating within the arena of globalization, it may be observed how political scientists and people from the

academe have taken greater interest on the subject. In understanding the case of irresponsible mining and

local environmental justice movements in Sta. Cruz, Zambales, two theories are to be utilized: (1) Paul

Alexander Baran’s Neo-Marxist theory of Dependency, and (2) David Schlosberg’s theory of

Environmental Justice.

Baran’s Neo-Marxist theory of Dependency

As one of the leading proponents of Neo-Marxism, Baran (1957), in his book, “The Political

Economy of Growth,” buttressed the concept of “monopoly capitalism” as being the principal dilemma



faced by participants of the international economy. With the increasingly high standards of living, first

world countries are then bound to experience overproduction, stagnation, and other economic crises. Kaldor

(1958), in his book review of Baran’s work, elaborates on the matter even more by stating that the advanced

capitalist character of these first world nations inhibits developing and underdeveloped states from attaining

actual development. With wealth accumulation concentrated among the advanced players in the global

arena, the core-periphery relationship, in context of Wallerstein’s World System’s theory, shall then be

maintained. In addition, Baran posits in his theory that backward states are, in fact, portrayed to be operating

under small industrial sectors and large agricultural sectors. From the lens of Marxist class-analysis, the

scholar provides a link between the different segments of the society and their implications to the

management of “economic surplus,” which is done by exhausting third world demands and imposing

profitable investments to them.

Taking Baran’s theory into account, it may be deduced that under the dependency theory

framework, the Philippines, as a satellite, is urged to engage in the neo-liberal and capitalist-designed global

market. However, with the present situation of neo-liberal economic policies continuously being introduced

and implemented in third world states, including the Philippines, it is apparent that greater foreign

intervention and control of domestic industries are planned. Given this condition, it is clearly the case that

the domestic mining industry is destined for further exploitation and diminution by the metropoles’

economic interests if such neo-Marxist dependency framework is sustained. Operating under the legal

parameters of the Mining Act of 1995, the Philippine mining industry explicitly liberalized the mining

sector by granting permission to allow foreign ownership and acquisition of Philippine minerals and lands.

Hence, the challenge that is now posed to the Philippines and other third world states is for them to break

away from the chains of the capitalist-dominated global economic system. In the end, it is averred that the

present environmental struggle against irresponsible mining in the Philippines fundamentally lies beneath

the scope of third world environmentalism, and it takes collective action, through local environmental

justice movements (LEJMs), to attain positive change and results.



Schlosberg’s theory of Environmental Justice

In addition to Baran’s Neo-Marxist theory of Dependency, David Schlosberg’s theory of

Environmental Justice shall be explored to evaluate the effectiveness of environmental justice movements.

Granted that the “environmental justice movement” is a generally new phenomenon in the subject of social

movements, Schlosberg (2007) then posits that “environmental justice,” at the global discourse, is

principally three-fold: (1) that it is distributive, (2) that it is recognition-based, and (3) that it is

participatory. To expand further, the environmental politics scholar contends that the justice demanded by

the international environmental movements is, in nature, equally distributive of its environmental risks.

However, he also agrees that while inequity has always been an element of distributive justice, social,

cultural, symbolic, and institutional factors need also to be taken into consideration in assessing the

impartiality aspect. In line with this premise, Schlosberg then proceeds to asserting that the lack of

recognition of social differences within the society is assumed to be the cause for the distributive

malfunction of social justice. Magnified by oppression and privilege, degradation and devaluation, social

injustice then places communities at a vulnerable state, disarming them of their capacity for self-

development. To a greater extent, it is the failure of the state and its institutions to recognize the diversity

of individuals of the affected and victimized communities that aggravates the unjust distribution of

environmental justice.

As remedy, it is then proposed that broad citizen participation in the political process must transpire.

Upon the creation and management of an alternative environmental policy, which in the case of Philippine

mining shall be an alternative mining bill, community engagement is then largely advised. However, it must

be upheld that “recognition” is essential in order to advance to the participation phase. Participatory

governance, therefore, is a significant aspect in this regard as it “simultaneously challenges institutionalized

exclusion, a social culture of misrecognition, and current distributional patterns” (Schlosberg, 2007, p. 519).



Synthesis

To sum, it may be concluded that both theories covered a particular scope of the research study –

irresponsible mining and LEJMs of Sta. Cruz, Zambales. For Baran’s Neo-Marxist theory of Dependency,

it may be derived that the Philippines as a third world participant in the international market system is bound

to be exploited for its natural resources, raw materials, and low-skill, labor-intensive production capacity.

As core or metropolis countries search for other venues for their own market’s profitability, the burden of

overproduction then lies on underdeveloped and developing states. Being the direct victims of the global

plunder of natural resources, third world countries are prevented from attaining national industrialization

and from enjoying the gains of their economic engagement. The capitalist-oriented global market then

makes it impossible for periphery or satellite countries to develop on their own, ergo their sustained

dependence to the existing framework. Hence, it is of paramount importance that the Philippines addresses

the state of the domestic mining industry – which is largely exploitative in nature –and examines the Mining

Act of 1995 for being the legal basis of a neo-liberal mining framework. With regard to Schlosberg’s theory

of Environmental Justice, it is assumed that his proposition on the requisites of “environmental justice”

explicitly applies to the local environmental justice movements of Sta. Cruz. It is contended that since

ecological injustices have always been endured by the local mining communities, hence triggering

community dissent as demonstrated by LEJMs.



Conceptual Framework

“Irresponsible Mining” has long been occurring in the municipality of Sta. Cruz in Zambales. From

the research study conducted, it was deduced that majority of the interviewed Sta. Cruz residents essentially

view the mining operations in the province as “irresponsible” in its nature of work.

[Diagram 1 about here]

From the diagram provided, the investigator was able to identify the following indicators of

irresponsible mining that are inherently displayed by the Sta. Cruz mining practice:

(1) Lack of multi-sectoral consultations – Interviewed members of particular local organizations argue that

the lack of multi-sectoral consultations denied them of their right to partake in the decision-making process

on the approval of mining operations, given that it may inflict adversities to the local community’s way of

life. A representative of the following basic sectors in Sta. Cruz – men, women, farmers, fisherfolks, the

youth, the elderly, and the religious sect – should have at least been invited during the initial phase of the

mining company’s installation plans.

(2) Violations in mining laws and regulations – Residents of Sta. Cruz, local POs, and several environmental

groups contend the demeaning approach of the mining activity to the natural environment of their province,

[Causes]

Contributory factors to the

prevalence of Irresponsible

Mining:

1. Lack of multi-sectoral

consultations

2. Violations in mining laws and

regulations

3. Lack of transparency regarding

mining permits and agreements

4. Lack of actual reports on

environmental degradation

[Outcomes]

Manifestations of Irresponsible

Mining effects on the Sta. Cruz

local community:

1. Higher vulnerability of local

residents

2. Degradation of the Sta. Cruz’

natural environment

3.Lower crop produce obtained

from agriculture-based livelihood

4. Disregard of the mining

community’s concerns on the social

risks induced by irresponsible

mining

[Effect]

Irresponsible Mining as a “burden”

to the Sta. Cruz local community

and, to a greater extent, be

considered as an environmental

concern in the Philippines.

Irresponsible Mining



hence are alleging the mining companies for transgressing the environmental rules and regulations that have

been laid out by the laws.

(3) Lack of transparency – The local government of Zambales has not been earnestly transparent with regard

to the revenue obtained from the mining operations in the locality. As a contracting party, the municipality

of Sta. Cruz is expected to be secured with a segment of the mining activity’s profit. However, the absence

of transparency and accountability in the province only inhibited the development of the local community.

(4) Lack of actual reports on environmental degradation – Lastly, it is observed how the lack of publicity

of reports on the environmental situation of Sta. Cruz, Zambales does not aid in raising awareness and a

sense of urgency among the respective government agencies and the private mining firms. By popularizing

the local issue of irresponsible mining, Sta. Cruz could have brought their cause at a higher level.

The prevalence of irresponsible mining in the Zambales province is assumed to have ignited citizen

action in expressing dissent, ergo the formation of local environmental justice movements. Taking into

account the aggravating effects of irresponsible mining, the following conditions are manifestations of the

negative impact of the mining activity to the local community of Sta. Cruz which shall be explored further

in the study:

(1) Higher vulnerability of local residents;

(2) Degradation of the Sta. Cruz’ natural environment;

(3) Lower crop produce obtained from agriculture-based livelihoods; and

(4) Disregard of the mining community’s concerns on social and ecological risks induced by irresponsible

mining.

Granted that the condition of Sta. Cruz, Zambales has largely been exacerbated by the perpetuation

of irresponsible mining activities, the independent variable in the research study shall then be identified as

the local environmental justice movements organized and conducted by local POs, green groups, and

other participating civil society organizations. Through these identified LEJMs, it was observed how citizen

action stimulated reaction from the government. With this, the dependent variable in the research study

shall then be the responses and actions taken by the local and national government. It shall be noted



that what the Sta. Cruz LEJMs aspire and call for is the total closure of all mining sites in the province and

the recognition of irresponsible mining as an environmental concern in the Philippines.

[Diagram 2 about here]

[Contributory Factors]

Forms of Local Environmental

Justice Movements (LEJMs):

1. Mass demonstrations

2. Popularizing the environmental

issue

3. Formation of alliances and

networks

4. Further research and

investigation

5. Documentation and filing of

reports to government agencies

[Outcomes]

1. Assess the current framework of

the domestic mining industry.

2. Review all permits, contracts, and

agreements involving mining

operations in the Philippine setting.

3. Reform or abolish the Philippine

Mining Act of 1995.

4. Enact an alternative mining law.

[Desirable Effect]

End the “irresponsible mining saga”

in Sta. Cruz, Zambales and,

ultimately, advance the

environmental concern to the

national level.



Definition of Terms and Operationalization

1. Irresponsible Mining

In delineating the concept of “responsible mining,” the definition provided by the United Nations

Development Programme or UNDP (2011) in its policy paper shall be applied. UNDP has specifically

highlighted the drafted Declaration on Responsible Mining in Mongolia which has set a precise and clear

definition of “responsible mining.” According to the Declaration,

Responsible mining is a comprehensive and transparent minerals activity respecting the rights of

all stakeholders, especially of local people; environmentally friendly and free of human impacts;

embracing the best international practices and upholding rule of law whilst generating a sustainable

stream of benefits for Mongolia. (p.3)

Moreover, the Declaration had also postulated the criteria and requisites of a responsible mining activity.

The 8 Principles of Responsible Mining state that responsible mining shall: (1) ensure multi-stakeholder

engagement, (2) uphold law and its enforcement, (3) be transparent and open, (4) be sensitive to human and

environmental security, (5) be humane and ethical, (6) ensure fruitful productivity and efficiency, (7) invest

in future development, and (8) be based on advanced and modern technology (United Nations Development

Programme, 2011).

On this matter, the researcher shall then be utilizing the definition and criteria as provided by the

Declaration of Responsible Mining in examining the state of mining in Sta. Cruz, Zambales. It may be

derived that only the concept of “responsible mining” had been explored. In order to operationalize the

concept of “irresponsible mining,” it is then essential to refer to the Declaration’s definition and criteria and

assess if the mining practices in Sta. Cruz, Zambales satisfy, or at least manifest, such standards. Failure to

meet the requisites for responsible mining denotes that the mining practice is operating irresponsibly in the

district. In evaluating the nature of Sta. Cruz mining, statements of environmental and legal experts and

narratives of local residents and community leaders will be primarily considered.

2. Environmental Justice

In operationalizing ‘environmental justice, Bryant (1995) provides a definition of the concept,



Environmental justice refers to those cultural norms and values, rules, regulations, behaviors,

policies, and decisions to support sustainable communities where people can interact with

confidence that the environment is safe, nurturing, and productive. Environmental justice (EJ) is

served when people can realize their highest potential . . . EJ is supported by decent paying safe

jobs, quality-schools and recreation, decent housing and adequate health-care, democratic decision

making and personal empowerment, and communities free of violence; communities where both

cultural and biological diversity are respected and highly revered, and where “distributed justice’

prevails. (p.6)

As it is contended that environmental justice (EJ) is constituted by those social factors that sustain the

life of a community and the people within it, it is also important to stress on the note that EJ ensures the

general welfare of the community. In line with this reasoning, it is claimed that applying the concept of

environmental justice to the case of Sta. Cruz, Zambales results to the proposition that the enjoyment of

this variation of justice implies opportunities for the community to attain self and social development.

Hence, it is only the case that when “decent paying safe jobs, quality-schools and recreation, decent housing

and adequate health-care, democratic decision making and personal empowerment, and communities free

of violence” are actualized in the Sta. Cruz mining community can it be declared that environmental justice

is present.

3. Environmental Justice Movements

Environmental justice movements are defined as social movements organized by members of indigent

and colored communities who are afflicted by environmentally-destructive projects (Foster, 1998). People’s

organizations and green groups are usually involved in the setting, acting as a catalyst for the achievement

of the collective agenda and interest. As a product of grassroots initiatives, environmental social

movements seek to influence the decision-making processes concerning the ecological issue at hand.

However, in understanding the phenomenon of such type of social movement, it is necessary to first

scrutinize its core and foundation, which is the notion of “environmental justice,” for that matter.



When applied to the situation of Sta. Cruz, Zambales, environmental justice movements are considered

to be principally localized in nature. Hence, the term “Local Environmental Justice Movements” is

developed to further elaborate the local community’s struggle for environmental justice. It is through the

lens of LEJMs that the case of Sta. Cruz’ irresponsible mining shall be analyzed.

4. Financial or Technical Assistance Agreement (FTAA)

- A contract involving financial or technical assistance for large-scale exploration, development, and

utilization of mineral resources (Revised Implementing Rules and Regulation of R.A. 7942).

- A Financial or Technical Assistance Agreement may be entered into between a Contractor and the

Government for the large-scale exploration, development, and utilization of gold, copper, nickel, chromite,

lead, zinc, and other minerals except for cement raw materials, marble, granite, sand and gravel, and

construction aggregates (Mines and Geosciences Bureau, n.d.).

- A contract involving large-scale mining operations with an investment of not less than $50 million. It

allows the entry of 100% foreign-owned mining corporations who possess the qualifications set forth in the

law and its implementing rules and regulations. This agreement has a term of twenty-five (25) years,

renewable for another twenty-five (25) years (Tujan & Guzman, 2002, p. 81).

5. Mineral Agreement

- Means a contract between the Government and a Contractor, involving Mineral Production Sharing

Agreement, Co-Production Agreement, or Joint Venture Agreement (Revised Implementing Rules and

Regulation of R.A. 7942).

- Grants the contractor the right to conduct mining operations within the contact area for a period of twenty-

five (25) years, renewable for another twenty-five (25) years (Tujan & Guzman, 2002, p. 80).

6. Exploration Permit

- Grants the exclusive rights to the permittee to explore a tract of land based on an approved work program.

If a mineral deposit is delineated and found to be technically and economically feasible to be developed,

the permittee has the right to enter to any type of mining right with the government (Tujan & Guzman,

2002, p. 80).



7. Environmental Compliance Certificate (ECC)

- Refers to the document issued by the Secretary or the Regional Executive Director certifying that based

on the representations of the proponent and the preparers (the proponent's technical staff or the competent

professional group commissioned by the proponent to prepare the EIS and other related documents), as

reviewed and validated by the Environmental Impact Assessment Review Committee (EIARC), the

proposed project or undertaking will not cause a significant negative environmental impact; that the

proponent has complied with all the requirements of the Environmental Impact Assessment System; and

that the proponent is committed to implement its approved Environmental Management Plan in the

Environmental Impact Statement or mitigation measures in the Initial Environmental Examination (Revised

Implementing Rules and Regulation of R.A. 7942).

- Refers to the document issued by the government agency concerned certifying that the project under

consideration will not bring about an unacceptable environmental impact and that the proponent has

complied with the requirements of the environmental impact statement (R.A. 7942).

8. Environmental Impact Assessment (EIA)

- Refers to the process of predicting the likely environmental consequences of implementing projects or

undertakings and designing appropriate preventive, mitigating and enhancement measures (Revised

Implementing Rules and Regulation of R.A. 7942).

- The document which aims to identify, predict, interpret, and communicate information regarding

changes in environmental quality associated with a proposed project, and which examines the range of

alternatives for the objectives of the proposal and their impact on the environment (R.A. 7942).



Research Design

The selected research design to be applied in the investigation is a Case Study. Since the researcher

would want to focus on the Sta. Cruz community’s reaction on the local mining situation and on the impact

of irresponsible mining activity to the area, it would be appropriate to perform an in-depth study of the

community’s case to test if the observed phenomenon of local environmental justice movements generates

a response from both the local and national governments.

Given that the research study is qualitative in nature, the data collection tools that were utilized are:

(1) interview questionnaires, (2) FGD questionnaires, (3) audio recorder, (4) camera, and (5) notebook. The

research study requires two modes for data collection, one is through primary sources, and the other through

secondary sources. For the data gathering process of primary sources, it is important to note that the

following methods were employed: (1) Key Informant Interviews (KIIs), (2) Focus Group Discussion

(FGD), and (3) participant observation. Since the target site of the study is Santa Cruz, Zambales, its target

respondents for subject and gatekeeper interviews would then comprise of:

(1) Ordinary residents of the municipality – members and non-members of a local people’s organization

(PO); and

(2) Local leaders in the community (barangay kagawad).

The participants of the research study ought to meet the Inclusion Criteria for Subjects set by the researcher,

requiring that he/she:

(1) should be a resident of Sta. Cruz, Zambales, and

(2) should be at least 18 years of age or above.

The unit of analysis that employed in the course of study are: (1) Individual – for the fifteen (15) KIIs (2)

Group – for one (1) FGD conducted.

As observed from the conducted field research, it was deduced that there were several local people’s

organizations existing in the municipality of Sta. Cruz, and from here three (3) major alliance groups were

formed – (1) Move Now Zambales (Movement for the Protection of the Environment), (2) CCOS

(Concerned Citizens of Sta. Cruz, Zambales), and (3) Defend (Defender of the Environment for Genuine



Development of Zambales). It was noted that under the Move Now umbrella, the AGAP, SAGIP, and

SAMA-SAGIP local POs have agreed to be alliance members. Particular members of these

organizations have been selected as respondents for the conducted KIIs. The qualitative research tool of

participant observation was utilized in the course of study in order to examine the nature and

approach of the local POs’ capacity and advocacy-building tendencies towards their members.

Aside from members of local POs, the study also covers the perception of ordinary Sta. Cruz’

residents on the issue of irresponsible mining in their province. With this, the researcher has then conducted

one mixed FGD that composed of five (5) participants – three (3) local PO members, and two (2) non-

members – in order to derive a cohesive response regarding the community’s shared and collective stance

on irresponsible mining in their province. In addition, gatekeepers (barangay kagawad) were also

interviewed by the researcher in order to attain a general overview of how the local government units react

and respond on the case at hand.

For expert interviews, the research ensured that there was appropriate representation of the different

disciplines concerned, hence the participation of representatives from the fields of environmental science,

civil society, forensic medicine, and the legislative had been vital in this research study. Essentially, the

experts in environmental science and civil society were the three heads of environmental groups, Center

for Environmental Concerns (CEC), Kalikasan People’s Network for the Environment (Kalikasan-PNE),

and Green Thumb Coalition (GTC). The national coordinator of Alyansa Tigil Mina (ATM) was also

selected as an expert for the study, representing the national advocacy sector of civil society. With regard

to the expert from the forensic medical field, it is noted that the doctor is also the chairperson of CCOS

(Concerned Citizens of Sta. Cruz, Zambales). As for the expert from the legislative branch of government,

the congressman is the former Chairperson of the House Committee on Natural Resources and is one of the

conveners of the proposed People’s Mining Bill.



Method for Data Analysis

Content Analysis

The researcher analyzed data in both a descriptive and an interpretative manner. Content analysis

is a vital method to organize the collected data into different categories and classifications and to take note

of disparities among the participating respondents. Moreover, content analysis as also applied to relevant

books, journal and news articles, and social media entries that are related to the study.

Narrative Analysis

Narratives of interviewed individuals provided a substantial contribution to the process of

answering the research questions. Experiences and stories of individuals situated in Sta. Cruz were regarded

with high interest as these would portray the community’s first-hand encounters with the prevalence of

irresponsible mining activities in the municipality. The researcher was then expected to devise an apt

framework in analyzing the narratives of the interviewees, given the diversity of their backgrounds and

contexts.

Observation Analysis: People, Setting, Issues, Key Events

Upon the commencement of the immersion in Sta. Cruz, the researcher took note of the observed

behavior, thinking, and way of life of the people in the community. The researcher examined the key areas

in Sta. Cruz, such as the agricultural lands, fishing ports, barangay centers, and common households.

Moreover, the researcher was also critical of the observed key issues and events as these may be linked to

the study’s premise.



Ethical Aspect of the Research

As the research study was qualitative in form and nature, the primary tools for data collection were

then observed to be key informant interview, focus group discussion, and participant observation. With this

at hand, it is obligatory that all participants of the study shall be provided with informed consent forms to

filled out and submitted back to the researcher so as to fulfill the ethical requirements of the Research Ethics

Board.

All data and information depicted in the research investigation are strictly obtained with consent of

the primary sources and the use of verbatim statements shall not include the name of the interviewee

involved. Sensitive information that may cause probable harm to the name, reputation, or to the individual

in general shall not be disclosed for security purposes. Only data which are relevant to the research study

shall be contained in the thesis.

Scope and Limitation

Scope

The research investigation focused on the ambit by which the domestic mining industry operates,

hence the legal parameters set by the Philippine Mining Act of 1995. At the broader sense, the study

analyzed the longitudinal state of the country’s mining industry and the implications of the mining law to

the other sectors in the country. To further examine the impact of a liberalized Philippine mining industry,

the research provided the case study of Sta. Cruz’s irresponsible mining phenomenon and the local

environmental justice movements carried out by its residents.

Limitation

The research study only covered the mining situation of Sta. Cruz, Zambales, hence was only

limited to the relevant facts and data available from the area. Although there were several other local mining

communities in the Philippines, the selected community is Sta. Cruz as this has been the location by which

the researcher was assigned for community immersion in the past year, 2016. The convenience and



availability of resources – including data – largely contributed to the factors that led to the selection of the

Sta. Cruz mining community. At the most part, the study aimed to raise the awareness on irresponsible

mining in the Philippines by employing the Sta. Cruz mining saga as a reflection of the environmental

struggle faced by other local mining communities in the country.

Relevance of the Study

This study is a significant contribution in addressing the ecological issue of irresponsible mining

which is regarded to be one of the most pressing problems of the contemporary time. By providing a

comprehensive outline of the mining situation of the Philippines, the research investigation was able to

elaborate on the dynamic character of the mining sector. Since the aspect of LEJMs is a generally new area

in the field of environmental politics, the study then contributed to the knowledge vessel of the social

sciences.

In addition, it is believed that the research study is of paramount relevance given the present

condition of the Philippine political climate with respect to the issue on irresponsible mining. It is a point

of fact that the recent rejection of former DENR Secretary Regina Lopez’ appointment for office has been

the greater cause by which people should unite and partake in the anti-mining struggle. The surge of support

for former DENR Secretary Gina Lopez, as expressed by several environmentalists, progressive groups,

local people’s organizations, and residents of mining communities, only proved that the public servant has

been effective in her campaign by reaching a wide range of environmental advocates. The absence of a

legitimate authority who is pro-environment and pro-people then challenges the Filipino populace to be

more committed in seeking for a solution, hence are then enjoined to engage themselves in the struggle for

environmental justice. With this, the research study shall then strive to be a scholarly endeavor, serving as

an academic and research material, that shall suffice the literacy gap of people on the issue at hand.



Matrix of Methodology

Table 1: Matrix of Methodology

DATA NEEDED

(Research Objectives)

SOURCE HOW ANALYZED ETHICAL ASPECTS

1. Nature of the

Philippine domestic

mining industry

To evaluate the

Philippine domestic

mining industry and its

contributions to the

other sectors.

A. Secondary Materials

- Statistics and data on

Philippine mining

industry

- Books

- Journal articles

- News articles

B. Key Informant

Interview

- Experts

- Search for common

themes/sub-themes

from both primary

sources and secondary

materials, and integrate

insights in order to

generate a

comprehensive

description of the

present state of the

domestic mining

industry.

- Content Analysis:

Analyze the

interviewed

environmental activists’

perceived notions on the

state of the Philippine

mining industry.

- Acknowledge all

borrowed concepts and

insights from secondary

materials.

- Provide informed

consent forms to

interviewees.

2. Assessment of the

Philippine Mining Act

of 1995 (R.A. 7942)

To assess the nature and

orientation of the

mining framework set


- Copy of R.A. No.

7942 and its IRR

- Research papers

- Books

- Evaluate specific

provisions on the

Philippine Mining Act

of 1995 with the

analysis and framework

provided by research

papers, books, journal

- Acknowledge all



materials.

- Provide informed

consent forms to

interviewees.



by Republic Act No.

7942 or the Philippine

Mining Act of 1995.

- Journal articles

- News Articles

B. Key Informant

Interview

- Experts

articles, and news

articles.

3. Narratives of

residents of Sta. Cruz,

Zambales on their

experience of mining in

the province (state and

impact of mining)

To examine the state of

mining in Sta. Cruz,

Zambales and its impact

on the people and the

community.

A. Key Informant

Interview

- Subjects

- Gatekeepers

B. Mixed FGD

- Search for common

themes/sub-themes in

the transcriptions of the

interviews and in notes

during the period of

participant observation.

- Content Analysis:

Analyze perceived

notions of Sta. Cruz

residents regarding the

state of mining in their

locality

- Observation

Analysis: The

researcher shall be

observant of the

behavior, thinking, and

way of life of the

interviewed locals in

the community.

- Provide informed

consent forms to

interviewees.

4. Role of LEJMs in the

advancement of

irresponsible mining as

A. Key Informant

Interview

- Search for common

themes/sub-themes in

the transcriptions of

both the interviews and

- Provide informed

consent forms to

interviewees and FGD

participants.



a national

environmental concern

To analyze the role of

LEJMs in the attainment

of government response

on irresponsible mining

in Sta. Cruz, Zambales

and how these advance

the local environmental

problem of irresponsible

mining into that of a

national concern.

- Ordinary locals of Sta.

Cruz, Zambales

- Sta. Cruz locals who

are members of

people’s organizations

(POs)

B. Mixed FGD

the FGD and as well as

from the notes taken in

participant observation.

- Observation Analysis:

The researcher shall be

observant of the local

PO’s behavior,

thinking, and the total

meeting process under

which the

environmental issue is

being tackled.

5. Supporting

arguments for the

passing of an alternative

mining law

To strengthen the

grounds for passing an

alternative mining bill

which will advocate for

a pro-people and

environment-sensitive

domestic mining

industry.


- Copy of the proposed

People’s Mining Bill

- News articles

B. Key Informant

Interview

- Experts

- Assess the provisions

of the proposed

People’s Mining Bill in

context of the public’s

demands for a pro-

people and

environment-sensitive

domestic mining

industry.

- Acknowledge all



materials.

- Provide informed

consent forms to

interviewees.



CHAPTER II:

THE PHILIPPINE MINING INDUSTRY

The Richness of Philippines’ Mineral Reserves

The Philippines has been endowed with an abundance and diversity of natural resources, including

mineral reserves. At present, it may be assumed that the country’s export market is one of the contemporary

time’s most active and ever-growing sectors. In fact, the country was marked as the fifth most mineral-rich

nation in terms of the availability of gold, nickel, copper and chromite. Chavez (2012) further notes that as

for the record, the Philippines holds the position of being the leading producer of copper-gold deposits.

According to a survey in 1997, it was reported that the Philippines is second in the Asia-Pacific region in

the aspect of geological perceptivity (Clark, as cited in Tujan & Guzman, 2002). In terms of gold

production, the country runs second to South Africa. The Philippines ranked third when it comes to copper

deposits, while holding the sixth place in chromite production (Tujan & Guzman, 2002).

In a report by the Philippine Statistics Authority, it was recorded that in 1994, the metallic mineral

reserves of the domestic mineral sector have reached up to 7 billion metric tons, while non-metallic mineral

reserves have largely accumulated up to 50 billion metric tons (Philippine Statistics Authority, n.d.). In

2012, DENR’s Mines and Geosciences Bureau (MGB) stated that as of the present time, around US$840

Billion worth of untapped mineral wealth is available in the Philippines. A total of 30 million hectares of

land areas in the vast plains and mountains of the Philippines are prospected for being a home to metallic

mineral reserves (Chavez, 2012).

It may be observed in the data provided in the table below how the period of the early 1980s became

the peak of Philippine mineral production. As noticed, there has been a relative increase of mineral reserves

made available in the market since 1975. However, it shall also be taken into account how the domestic

mineral production had gradually declined throughout the years as minerals, unlike other renewable

resources, are finite in nature and character. The call to conserve Philippine mineral resources through an



efficient exploitation system is then largely being promoted at the national level. Alyansa Tigil Mina

national coordinator, Mr. Jaybee Garganera, hence stressed on the need to devise a rational industrialization

plan that would help divert from the regularity and normalcy of the massive exhaustion of the country’s

minerals.

Table 2: Philippine Mineral Production

(in thousand units)

Year Copper QTY

(DMT)

Silver (KG) Nickel (MT) Chromite

(DMT)

Iron (DMT)

1975 821.8 50.4 9.5 520.0 1351.4

1976 857.1 46.0 15.2 431.1 571.0

1977 956.4 50.4 36.8 538.6 0.0

1978 906.9 51.1 29.5 539.9 1.7

1979 1061.5 57.2 33.3 556.1 6.3

1980 1123.9 60.7 47.1 496.1 0.0

1981 1120.4 62.9 29.2 439.2 5.7

1982 1060.7 61.7 19.6 321.1 5.6

1983 1009.3 56.7 13.9 266.9 2.6

1984 860.0 49.0 13.6 259.2 0.0

1985 841.3 52.4 28.2 272.0 0.0

1986 824.9 51.5 12.7 202.2 0.0

1987 817.6 50.8 8.5 188.3 0.0

1988 824.2 54.6 10.4 170.9 6.5/a

1989 743.6 50.6 15.4 269.7 8.2/a

1990 698.2 47.1 15.8 263.3 7.3/a

1991 572.3 39.1 13.7 210.3 4.9/a

1992 491.7 30.9 14.0 112.3 0.0

1993 526.2 31.6 7.6 60.6 0.0

1994 431.1 29.6 9.9 75.9 0.0

1995 399.0 n.d.a n.d.a. n.d.a. n.d.a.

1996 256.5 24.0 8.6 117.9 0.0

1997 188.0 21.0 741.0 98.0 0

1998 178.0 19.0 960.0 42.0 0

1999 151.0 18.0 631.0 17.0 3,159

(Source: Tujan & Guzman, 2002)

*DMT (Dry Metric Ton)

*MT (Metric Ton): 1 MT = 1,000 KG

Given the country’s profusion of mineral resources, there has then been greater focus given to the

further exploration of mineral resources available within the vast lands of the Philippines territory. At



present, it is assumed that the decline in the mineral production capacity of the domestic mining industry is

due to the 22 years of mineral exploration and exploitation exhausting the Philippine environment. Data

from the MGB provided in its annual report in 2015 that a total of 33,721,460 kilograms worth of metallic

minerals production were generated, whereas in 2016, a total of 25,886,035 kilograms of mineral reserves

had been recorded (Mines and Geosciences Bureau, 2017). A conclusion can be made that the country’s

mineral production has substantially been reduced in time.

How the Mining Industry Operates

The question as to how valid it is to accept that the Philippine mining industry may be called an

“industry” is often posed to examine the nationalist aspect that ought to be embedded in it. In essence, there

are four (4) primary stages of the mining activity: (1) Exploration, (2) Mine Development, (3) Extraction,

and (4) Processing. During the first phase, a prospective mining area is searched thoroughly to confirm the

presence of mineral deposits within the soil ground. Mining tools and equipment are used to determine the

mining capacity of the site. If the preliminary tests were passed, one could then proceed to the next step –

the development of the mining area. Under this stage, appropriate infrastructures and needed facilities are

planned for and installed. The extraction phase eventually takes place, which takes the approach of either

surface/open-pit mining or underground mining (Tujan & Guzman, 2002). Upon finally reaching the point

of processing, it is then generally observed that since the Philippine mining industry is only equipped with

limited resources, it then fails to reach the Refining and Smelting, and Fabrication phases. Having only the

capacity to go through the primary stages, the mining sector is then bounded by its own set of restraints.

With the adversity of attaining its maximum potential being largely evident, there is the urgent need for the

country to nationally industrialize the mining industry.

As mentioned earlier, there are generally two modes of mining in the Philippines, (1) underground

mining and (2) open-pit mining. The Center for Environmental Concerns (1997) discusses that the

underground mining activity is essentially practiced by excavating massive portions of soil that often leads



to land erosion and subsidence, affecting the proximate water resources (as cited in Tujan & Guzman,

2002). In the Philippines, Philex Mining is widely known for being the mining corporation operating under

this approach. It was noted by Corpuz (1997) that it was during the 1960s when Philex Mining introduced

the method of block caving, which then resulted to the exacerbation of the state of land subsidence in the

mining site (as cited in Tujan & Guzman, 2002). “Sinking communities” have then been prevalent in mining

areas where underground mining practices are evident. The recorded collapse of a part of the Kennon Road

during the 1990s was believed to be associated with the mining operations occurring in the northern

province. There were also several reports regarding the sinking of Mankayan in Benguet, stating in one

Environmental Investigative Mission that some areas of the municipality actually sink at one centimeter a

year (Tujan & Guzman, 2002).

As for open-pit mining, Tujan and Guzman (2002) asserts that this method has the greater capacity

to damage the environment given its means of totally clearing the mining site of any kind of obstruction –

be it a forest, a residential area, or any private or public space that is already built on ground and is operating.

Open-pit mining gets rid of the mountain’s topmost region in order to avail of convenience in conducting

the mining activity. It shall also be noted that this mining method induces greater productivity in terms of

practicality as it requires less labor and lower costs. With this, it has then become apparent that majority of

the applying mining firms wish to operate under an open-pit mining approach to maximize profit by

spending a minimum of its capital resources.

Mining Industry’s contribution to the National Economy

GDP Contribution

Historically, the Philippine mining industry was always deemed to be placed at a critical position

when linked to the national economy. Statistics suggest that since the 1970s until the entry of the 21st

century, the mining sector had only contributed an average of 1.48% to the Philippine economy (Tujan &

Guzman, 2002). In an issue of Mining Journal (2006), the article admits that there has been a relative



decrease of economic gains from mining since the 1980s, and that the decline continued until the end of the

20th century. However, the article stated that in 2002 and 2003, the domestic mining sector thrived its way

up to reach higher earnings, hence the increase in its GDP contribution. Today, the Philippine mining

industry was reported of having contributed only 0.6% to the country’s GDP in 2015, or a total of PhP80.9

Billion, and an initial and tentative share of 0.6% or PhP84.9 Billion for the year of 2016 (Mines and

Geosciences Bureau, 2016, 2017). As Kalikasan People’s Network for Environment contends, it may be

observed how other industrial sectors – those which have been negatively affected by the mining industry

– actually contributed a greater share to the country’s GDP. Dulce (2017) reports that from 2011 to 2015,

the agriculture sector contributes 11.5% of the total GDP, while tourism shares 7.3%.

Table 3: Contribution to Philippine GDP

Year GDP contribution

1998 0.8%

1999 0.6%

2000 0.6%

2001 0.5%

2002 0.6%

2003 0.7%

2004 0.6%

2005 0.6%

2006 0.7%

2007 0.9%

2008 0.7%

2009 0.8%

2010 1.0%

2011 1.0%

2012 0.7%

2013 0.7%

2014 0.7%

2015 0.6%

(Source: Mines and Geosciences Bureau, 2016; 2017)



Figure 1: Philippine Mining Industry’s Contribution to GDP


However, despite the numbers presented by DENR-MGB with regard to the domestic mining

industry’s GDP contributions, in 2012, IBON Foundation claimed in its study that in reality, the gross

value-added (GVA) of the mining sector only amounts to an average of 1% from the 2000 to 2011

timeframe. In addition, it was noted that mining industry’s GVA contribution to the Philippine GDP has

been declining since the 1970s. Hence, with this saying, it is then inferred that the government’s

presumption that the mining sector is a venue for attaining economic prosperity is, in fact, of no certain and

valid basis (Cordillera People’s Alliance, Philippines, 2015).

Gross Production Value in Mining

In terms of the gross production value that is being acquired from the mining activity, a reported

document by the Department of Environment and Natural Resources (DENR) – Mines and Geosciences

0

0.1

0.2

0.3

0.4

0.5

0.6

0.7

0.8

0.9

1

1.1

in P

erce

nta

ge

Contribution to GDP(according to PSA)



Bureau (MGB) provides that a relative increase in the gross production value in mining has actually been

observed since the implementation of the Philippine Mining Act of 1995. From PhP 33.1 Billion in 1997,

the mining industry’s gross production value rose up to PhP 179.7 Billion in 2015. In addition, it was

recorded that total of 571 mineral agreements were processed by DENR-MGB with various mining

contractors for the year 2015 alone, ergo inducing corporate large-scale mining firms to even more engage

in the domestic mining industry (Mines and Geosciences Bureau, 2017).

Table 4: Gross Production Value in Mining

Year Large-scale

Metallic Mining

Small-scale

Gold Mining

Non-metallic

Mining

TOTAL

1997 P9.1 Billion P4.5 Billion P19.5 Billion P33.1 Billion






















Figure 2: Gross Production Value in Mining

(Source: Mines and Geosciences Bureau, 2016; 2017

Figure 3: Total Gross Production Value from Mining


0

20

40

60

80

100

120

140

160

in B

illio

n P

eso

s

Gross Production Value in Mining(per mining sector)

Large-scale Metallic Mining Small-scale Gold Mining Non-metallic Mining

0

50

100

150

200

250

in B

illio

n P

eso

s

Total Gross Producion Value from Mining



Revenue collection from Mining

Revenues from mining are primarily obtained through different forms, such as taxes, fees and

royalties (Mining Journal, 2006). According to Guzman and Tujan (2002), it was 1991 when the domestic

mining industry reached its highest mining tax collection, accumulating up to a total of PhP810 million, as

compared to the PhP31 million mining tax earnings from the previous year. The latest data available is for

the year 2015 in which a total of PhP29.5 Billion was gained from the mining sector. This comprised of the

PhP1,692.8 million worth of fees, charges and royalties collected by DENR-MGB with PhP2,079 million

coming from the collected excise tax by the BIR, PhP23,0755 million from the taxes collected by national

government agencies, and PhP2,728.4 million from the taxes, fees, and charges collected by LGUs (Mines

and Geosciences Bureau, 2017).

Table 5: Total Collection of Mining taxes, fees, and royalties

Year Mining Collection

1998 P1,074.00 Billion

1999 P1,476.40 Billion

2000 P1,725.70 Billion

2001 P982.10 Billion

2002 P1,390.70 Billion

2003 P1,501.10 Billion

2004 P3,480.20 Billion

2005 P5,648.70 Billion

2006 P6,389.90 Billion

2007 P10,447.60 Billion

2008 P7,689.40 Billion

2009 P12,696.00 Billion

2010 P12,412.80 Billion

2011 P22,899.40 Billion

2012 P20,665.50 Billion

2013 P24,394.00 Billion



2014 P32,755.30 Billion

2015 P29,575.90 Billion


Figure 4: Total Collection of Mining taxes, fees, and royalties


Economic Gains and the Mining Communities

According to a study by the Center for Environmental Concerns (2011), majority of mining

communities are in fact struggling economically notwithstanding the assurance of greater employment

opportunities and development projects for mining communities. Despite the domestic mining industry’s

claims on its significant contributions to the national economy, labor sector, and local government revenues,

one primary aspect that must be pondered on is that of the local communities in which the mining sites are

situated into, being the direct receiver of the environmental and social impacts that the activity may cause.

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

in M

illio

n P

eso

s

Total Collection of Mining taxes, fees, and royalties



According to IBON Foundation, the expected improvements of local mining communities due to the

assumed increase of LGU funding does not, in truth, actualize in the physical setting. One case cited was

that of the CARAGA region where, despite the overwhelmingly high number of large-scale operating

mining firms in the area – 25 to be exact – CARAGA still ranks as the second poorest region in Philippines.

This is affirmed by one of the experts in the study, Ms. Norie Garcia of Green Thumb Coaliton, in her

statement, revealed that since large-scale mining operations commenced, studies show that local mining

communities have actually been living in high poverty rates and that social development has not been

evident in areas where mining camps have been situated in years. With this saying, it is then deduced that

it is not the case that large-scale mining operations automatically secure economic prosperity at the national

and local scale, nor do mining revenues translate to poverty reduction (Dulce, 2017).

The Philippine Mining Industry and the Labor Sector

In a data by the Department of Labor and Employment (DOLE), in 2015, only 236,000 individuals

have been employed in the domestic mining industry. This section only reflects 0.6% of the total labor

sector (Mines and Geosciences Bureau, 2017). Despite this fact, the Chamber of Miners of the Philippines

however asserts that around 1.2 million people would actually be affected on the presumed dismantlement

of the mining industry (Ocampo, 2017). This then implies that, as corollary to the suspension and cancelling

of mining permits by the present administration, a segment of the population would be suffering the burden

due by the collapse of the sector. However, this assumption by the mining sector is not a grounded on firm

foundation considering its failure to consider other matters of facts and social factors.

For the most part, it has long been held that contractualization has been inherently embedded in the

Philippine labor sector, including the mining industry. This was affirmed by a report of the International

Solidarity Mission on Mining (ISMM) in 2012, saying, “rampant contractualization [has] depressed wages

and worker’s rights.” It added, “[Mining] companies do not only extract the natural resources of the country,

but also gravely exploit Filipino laborers with very low wages...” The report further expounds on the case



of mining workers in Benguet, sharing its findings on how 800 out of 1,400, or 57.14% of Lepanto’s mining

workers are actually contractual, with the remaining 600 being illegal workers. These 600 individuals, being

employed by illegal means, only earn a daily salary of PhP200.00 to PhP250.00 (Alave, 2012).

In the end, what ISSM and the rest of the Filipino nation advocate is for the national government

to take time to examine the labor conditions of Filipino mining workers. Also, it is of paramount importance

to address the health and safety concerns of these individuals. Noting that the DOLE’s Bureau of Working

Conditions had declared mining as a “high-risk industry,” both health and safety hazards have always

become an issue to mining employment (Tujan & Guzman, 2002). Hence, it is recommended that the labor

regulations of the mining sector be reviewed in order to promote the welfare of the Filipino workers.



CHAPTER III:

PHILIPPINE MINING ACT OF 1995 AND

THE LIBERALIZATION OF THE MINING INDUSTRY

Historical Background of Philippine Mining Laws and Policies

The history of the mining practice in the Philippines may be traced back from the time of the pre-

colonial period when the Filipino natives themselves were in full control of the quarrying activity and the

uses of the minerals. It was, however, with the advent of the American colonization era when foreign private

ownership of Philippine lands for mineral extraction had been permitted. From this point on, the

liberalization of the domestic mining industry commenced.

Philippine Mining Laws and Policies during the Spanish Colonial Era

Before the legislation of the Mining Act of 1995, it was recorded that there had already been a long

history of mining laws and policies passed. From the time of the Spanish colonization, Simbulan (2016)

notes that the Regalian Doctrine was introduced declaring that all lands of the Philippine islands shall

belong to Spain. At present, this principle was revised under Article XII, Section 2 of the 1987 Philippine

Constitution, providing, “All lands of the public domain, waters, minerals, coal, petroleum, and other

mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife and fauna, and other natural

resources are owned by the State...”

Mining Laws during the American Colonial Period

Tujan and Guzman (2002) discusses that at the time of the American occupation, the US colonial

government enacted different land laws which fundamentally affected the mining activity in the country.

One of those is Public Land Act of 1902 which granted private claimants large portions of Philippine lands,

given that the law allowed for the ownership of private entities of these assumingly “public” land parcels.



In essence, what the Public Lands Act of 1902 failed to regard were the rights of Filipino indigenous peoples

to their ancestral domains. The Land Registration Law of 1902 embodied the same premise, while

particularly introducing the legal process of land entitlement. Consequently, this then led to multiple cases

of land confiscation that greatly aggravated the lives of Filipino peasants and indigenous people. Since the

aforementioned legislations only covered land management in the country, the US Congress then eventually

passed the Philippine Bill of 1902 which allowed for the US colonial government’s mineral claims on the

natural resources of the country, resulting to the installation of multiple mining sites that were controlled

by large-scale American mining companies.

After several years, the Mining Law of 1905 was finally executed which was patterned after the

US Mining Act of 1872. This granted private individuals and corporations the rights to surface and

underground ownership of lands for the mining activity, provided that they present a proof of a patented

mining claim (Tujan & Guzman, 2002). As observed from all laws passed under the US occupation, it may

be deduced that it was during this timeframe when the liberalization of the Philippines’ domestic mining

industry was gradually initiated.

Post-Colonial Period

As the Philippines gradually attempted to achieve national sovereignty, it still struggled from

breaking away from the chains of western control and imperialism. Through the Commonwealth

Government’s crafting of the 1935 Philippine Constitution, the Mining Act of 1936, or the Commonwealth

Act No. 137, was introduced. Reflecting similar dimensions as that of the current framework prescribed by

the present 1987 Constitution, the law holds that a “25-year lease renewable for the same period as the

maximum concession” shall be granted to claimants of the country’s mineral resources. Furthermore, it

provided that the law “opens public lands to exploration, occupation, and purchase, and limited mining

corporations with at least 60% Filipino capitalization.” According to the CPA-Education Commission

(1996), under the same law, the following precepts were enshrined: (1) ownership of mines with patented



mining claims, (2) leasehold system of mineral land ownership for foreign investors, (3) prohibition of the

indigenous system of mining or small-scale mining, and (4) granting of water and forest rights to mining

concessionaires (as cited in Tujan & Guzman, 2002).

Under the Marcos administration, Presidential Decree No. 463 or the “Mineral Resources

Development Decree of 1974” was enacted, prohibiting all acts dismantling the mining industry as these

would be regarded as “economic sabotage” (Tujan & Guzman, 2002). In 1984, following his recently

passed P.D. 463, President Marcos introduced Presidential Decree 1899 which is a law on Small-scale

mining, categorizing the practice as an “artisanal activity” that largely involves manual labor.

Years after, the People’s Small-Scale Mining Act of 1991 (Republic Act No. 7076) was introduced

by President Cory Aquino. This recognized the administrative capacity of LGUs to manage small-scale

mining activities, ergo the creation of the Provincial/City Mining Regulatory Board, and allowed DENR to

declare zones of “Minahang Bayan” or those mining sites that are exclusively set for small-scale miners

(Fonbuena, 2008; Rappler, 2012). In addition, it was noted that the late President Aquino also enacted

Executive Order No. 279, authorizing the Secretary of Environmental and Natural Resources of his/her

capacity to enter into joint venture, co-production, or production-sharing agreements for the exploitation,

development, and utilization of the country’s mineral resources. It has empowered the Secretary to prescribe

guidelines for agreements involving the regulation of mineral resources, such as those concerning financial

or technical assistance.

The Philippine Mining Act of 1995

Passed on March 3, 1995, the Philippine Mining Act of 1995 or Republic Act No. 7942 is the

mining law that presently sets the framework for the domestic mining industry and is aimed at the

development and utilization of mineral resources in the country. The mining law, being at the forefront of

the Ramos administration’s Medium-Term Development Plan principally received large support from the



mining sector but has been critically scrutinized by various environmental groups and civil society

organizations (Rico, 2013).

The Technicalities of R.A. 7942

Under the Mining Act of 1995, there are three (3) principal documents that the Government requires

for the mining contractors to comply with in order to gain access to the domestic mining industry:

(1) Exploration Permit – which lasts for a term of two (2) years (extendible for another two (2) years) and

grants the contractor the exclusive rights to explore land areas which conforms with the approved work

program;

(2) Mineral Agreement – which grants the contractor a 25-year mining operations term (renewable for

another 25 years) and may take the form of any of the three (3) modes – Mineral Production Sharing

Agreement (MPSA), Co-Production, and Joint Venture; and

(3) Financial or Technical Assistance Agreement (FTAA) – a contract on large-scale mining operations that

induce the entry of foreign mining corporations and ultimately, 100% foreign ownership of Philippine

mineral resources (Rico, 2013; Tujan & Guzman, 2002).

According to DENR-MGB’s Primer on the Application of Financial or Technical Assistance

Agreement (FTAA), “qualified persons” who may apply for an FTAA are the following:

(a) A Filipino citizen of legal age and with capacity to contract;

(b) A Filipino-owned Corporation, Partnership, Association, or Cooperative, at least 60% of the capital is

owned by Filipino citizens, organized or authorized for the purpose of engaging in mining with technical

and financial capability to undertake mineral resources development and duly registered in accordance with

the law; and

(c) A Foreign-owned Corporation, Partnership, Association, or Cooperative duly registered in accordance

with law and in which less than 50% of the capital is owned by Filipino citizens.



Moreover, the FTAA primer underscores that mining area granted by a FTAA allows the contractor access

to 81,000 hectares of land area onshore, 324,000 hectares offshore, or a combination of both.

With regard to ancestral lands being a potential or target mining site of a contractor, it is enshrined in

the Revised Implementing Rules and Regulation (IRR) of R.A. 7942, Chapter IV, Section 16, that a Free,

Prior and Informed Consent (FPIC) must be first obtained from the Indigenous Cultural Community (ICC)

involved before the commencement of any mining operation in the area of which lands are tapped for having

been a potentially-rich mining site. Moreover, it was underscored that in cases where consent is given,

concerned parties shall adhere to Section 16 of the IRR, stating that a royalty payment of not less than 1%

of the gross output shall be given as compensation to the concerned ICC.

The requirements on issuing Environmental Compliance Certificate (ECC) and submitting an

Environmental Impact Statement (EIS) are vital aspects provided by the Philippine Mining Act of 1995 in

its IRR as these ensure paramount consideration to the Philippine state of environment. However, there are

no specific provisions on how both ECC and EIS are processed and approved as these activities solely lie

at the discretion of DENR’s Environmental Management Bureau (EMB). Furthermore, it is inferred that

environmental protection, under the ambit of the Environmental Compliance Certificate, does not

materialize in actual operating mining sites as the document itself is not available for the public viewing of

mining communities, hence its poor implementation. In fact, Chapter XVI: Environmental Protection,

Sections 167 of R.A. 7942’s Revised Implementing Rules and Regulations only prescribes “objectives” for

the promotion of the environment’s welfare, not amounting to any binding legal measure that would entail

the mining contractors to oblige.

On the Constitutionality of the Philippine Mining Act of 1995

For years, it was noted that RA 7942 has become tolerant of private and foreign bodies’

advancements to the Philippine environment and the Filipino people, as portrayed by the grave exhaustion

of the country’s mineral resources and the clear disregard of the ecological hazards and impact it causes.



Geared towards the expansion and greater support for trade liberalization, deregulation, and privatization,

the Mining Act of 1995 explicitly depicts how Philippines gradually let loose of its nationalist grip on the

mining sector. Leaning on benevolent economic relations with its potential foreign partners, the mining law

was then strongly supported by various transnational mining corporations (TNCs) of foreign descent –

American, Canadian, Australian, and European – all of which have been in search of alternative settings to

launch their large-scale mining operations, given the stringency of environmental laws within their

respective homelands (Tuazon, 2004).

In February 1997, the La Bugal-B’laan Tribal Association, Inc. and other parties challenged the

constitutionality of Philippine Mining Act of 1995, the law’s Implementing Rules and Regulations, and the

provision on FTAA. According to the petitioners, the Financial and Technical Assistance Agreement

allowed by the mining law is fundamentally antithetical to the spirit of Philippine sovereignty (Ciencia,

2011). In essence, the legal extent to which the provision on FTAA runs counter to Article XII (National

Economy and Patrimony), Section 2 of the 1987 Philippine Constitution are covered by the following

aspects:

(1) That all mineral resources in the Philippines shall be owned by the State; and

(2) That the exploration, development, and utilization of natural resources shall be under the full control

and supervision of the State.

In January 2004 Supreme Court decision, the high court voted in favor of the petitioners,

particularly on their legal claim on the unconstitutionality of the FTAA provision and the IRR. As a result,

some of the respondents then filed for motions for reconsideration, and the Chamber of Mines of the

Philippines separately filed for a Motion for Intervention. In the hope that the Supreme Court would review

its case again, the plaintiffs’ lobbying efforts have been fruitful as the court reversed its upheld decision

during the latter part of the year and sustained the respondents’ position, stating in its decision, “The

Constitution should be read in broad life-giving strokes; it should not be used to strangulate economic



growth or to serve narrow, parochial interests.” (La Bugal-B’laan Tribal Association, Inc. et al. v. Ramos

et al., 2004).

Tuazon (2004), however, elaborates that the “parochial interests” aspect of which the high court’s

decision implies to be compromised is actually pertaining to the interests of locals residing in mining

communities who are composed of agricultural workers and indigenous peoples alike. In this sense, it may

be inferred that there has been absolute disregard of the social welfare of the people from the ground who

would experience the direct impact of large-scale mining operations. Taking into account how minimal the

mining industry contributes to both the economic and labor sector, the court’s ruling has not exhibited

coherence given its assumption that liberalizing the industry could further stimulate national economic

performance. Hence, it is clearly the case that the Mining Act of 1995, now declared valid and constitutional

by the Supreme Court, only serves the interests of private bodies which profoundly rely on the mining law’s

capitalist and neo-liberal elements.

Assessing the Philippine Mining Act of 1995

Upon examining the Philippine Mining Act of 1995 which, at present, serves as the current

framework for the domestic mining industry, several points of criticism have been observed which call for

critical apprehension and discussion. By means of a thematic analysis approach, the following are the

characteristics of the mining law, as identified from both primary and secondary resource materials:

Bolsters the Liberalization of the Philippine Mining Industry

With the enactment of the Mining Act of 1995, the vision that the Philippines’ national

industrialization agenda be made into actualization has become obscure and distant. Grounded on a profit-

driven, capitalist, and neo-liberal foundation, the mining law evidently expresses support for a mining

industry open for foreign ownership. From the expert interviews conducted, it was found out that

essentially, the Philippine mining industry actually performs under an export-oriented and import-



dependent framework set by the mining law. To quote Congressman Carlos Zarate of the Bayan Muna

Party-list, “…the cause of all the problems we have now in the country, especially in the areas where large

scale mining industries are present is the framework in itself…because this framework is [a] highly-

extractive, export-oriented framework.” Moreover, he states, “…it did not take into consideration the

national development, our national industrialization, and even in many instances, the human rights of our

people and the future of this country…”

With this, it is then averred that within the ambit of the Mining Act of 1995, the domestic mining

sector is aimed at a foreign-driven direction in such a way that the exploration and exploitation of the

nation’s mineral reserves by foreign mining firms are legitimately permitted, and protected, by law. With

the ideals of neo-liberalism consciously being maintained by the Philippine government, it is apparent that

the fostering of export-import relations within third world and first world countries has been evident for the

longest time, most particularly in the country. In fact, an Income Tax Holiday that grants a grace period

that last up to 10 years may be availed by foreign mining firms under the 1987 Omnibus Investment Code.

Moreover, several tariff and tax exemptions and other incentives are also given to mining contract parties

(Tujan & Guzman, 2002; Center for Environmental Concerns, 2017). Hence, this explicit invitation for

greater foreign investments engenders a nationalist sentiment on the genuine orientation of the domestic

mining industry that, according to Congressman Zarate, the mining law “is facilitating the slow death of

our national patrimony” and essentially, compromising the national sovereignty (Capistrano, 2016).

In relation to the concept of national industrialization, it may be posited that the call for a nationalist

Philippine mining industry is directed to address the environmental and social impacts being caused by the

mining activity to society. It is essential to note that since it is settled that the Philippine Mining Act of

1995 is designed to maintain a foreign-dominated mining industry, the primary concern for such

circumstance shall then be the profit-generating capacity of the mining sector to benefit investing TNCs.

Given this premise, it may be claimed that Philippine Mining Act of 1995 ultimately fails to take into

consideration the need for a nationalist-oriented mining industry that is pro-people and pro-environment.



Destructive and Highly-extractive

In a press release by the Center for Environmental Concerns (2017), it was greatly emphasized how

corruption and pro-imperialism have been the ideals entrenched in the Philippine Mining Act of 1995, given

the country’s current state of political economy. It is for this reason that several malpractices in the mining

industry, as covered by the phenomenon of “irresponsible mining,” have managed to persist, ergo

transgressing Philippine environmental laws and policies. Now on the 22nd year of the Mining Act of

1995’s implementation, it is observed how the mining law continues to plunder and destroy the country’s

natural resources. Furthermore, the Cordillera People’s Alliance, Philippines (2015) adds that the pervasive

exploitation of the Philippines’ natural resources not just in Cordillera, but as well as in the other parts of

the country, clearly express how the present framework set by the mining law is just purely profit-driven.

In the Benguet experience of corporate, large-scale mining, ecological and social risks have been

gravely apparent in the province. In fact, the mining community and those areas surrounding it, from then

on until the present time, have experienced massive sinking and ground subsidence. In addition, river

pollution has also transpired in the province with the collapse of the mine tailings dam being operated by

the Philex Mining Corporation (Cordillera People’s Alliance, 2015). Tujan and Guzman (2012) principally

note how the mining industry has, for the most part, always been linked to environmental destruction. It is

for this reason that the environmental problems of deforestation, slope destabilization, desertification,

siltation, alteration of land terrain and the sea floor, and air pollution have long been prevalent given the

Mining Act’s toleration of irresponsible mining practices in the Philippines.

Exhibits Little to No Consideration to the Local Mining Community and the Filipino People

The tenacity of large-scale mining’s impact on several mining communities could be better

measured by the fact that the Philippine Mining Act of 1995 actually allows for greater flexibility to mining

contractors. According to an expert interview with Ms. Meggie Nolasco of CEC (Center for Environmental

Concerns) Philippines and Mr. Jaybee Garganera of Alyansa Tigil Mina, the following auxiliary rights are



broadly enjoyed by the operating companies: (1) Water Rights – which grants mining firms the right to own

water resources within the parameters of the mining site, even including their right to make use of and

control the mining community’s watersheds and rivers; (2) Timber Rights – which grants the right to cut

all trees and timber sources within the mining site as granted by the logging concession; (3) Easement or

Placement Rights – which grants the right to occupy necessary land areas despite the presence of resident

dwellers; and (4) the Right to Use Explosives.

Aside from the mentioned auxiliary rights, it is also revealed by the expert interviews that the

Mining Act of 1995 and its IRR have provisions on the responsibility of the Philippine government to

protect the investments in the industry, ergo the formation of the Investment Defense Force (IDF) that is

composed of military, paramilitary, and police groups to secure the interests of mining firms. The mere fact

that the mining law has been subtly privatizing the services of the Philippine Army and Philippine National

Police only entails how monetary incentives are being used to shift the orientation of public service from a

“public” to a “private” cause. It is also in this case that the issue of militarized local mining camps shall be

taken into account given the Philippines’ abominable history of human rights violations and extra judicial

killings engendered by militarization.

To sum, Mr. Karl Begnotea of Kalikasan-PNE shall be cited for stating, “Yung Mining Act kasi…

mas kumikiling dun sa kapakinabangan at pag-eensure ng profit ng welfare nung kompanya…At hindi siya

nakabalangkas na magbigay talaga ng genuine development sa bansa, higit lalo dun sa mga lokal na

community.” (“The Mining Act of 1995 is more inclined to benefitting and ensuring the welfare of mining

companies. It also does not work under the framework that would provide genuine development for the

country, especially for local communities.”) It is from here that a conclusion shall be made, underscoring

how inconsiderate large-scale corporate mining operations are and how these have been a burden to local

mining communities and the Filipino people.



CHAPTER IV:

THE STATE OF “IRRESPONSIBLE” MINING

IN STA. CRUZ, ZAMBALES

Overview of the Sta. Cruz Mining Saga

It was in the year 2006 when large-scale mining companies had entered the domicile of the Sta.

Cruz, Zambales locals. Mining operations were then initiated by well-known mining firms such as the

Benguet Nickel Minerals Inc. (BNMI), Zambales Diversified Minerals Inc.(ZDMC-DMCI), Eramen

Minerals Inc. (EMI), LNL Archipelago Minerals Inc. (LAMI). Recent reports however provided that

presently, there are actually seven Minerals and Production Sharing Agreements (MPSA) that cover the

12,000 hectares of Sta. Cruz land available for the mining activity (CEC, 2015). With only four major

mining companies operating in the province, it is observed how their presence has been detrimental to the

people of Sta. Cruz given the crucial impact they have caused to the locality’s natural environment and to

the community life.

In 2012, a Fact-finding Mission was conducted by Move Now! Zambales, in cooperation with other

environmental, agricultural, and progressive groups. The study provided significant results on how large-

scale mining operations have been, for six years, pervasively inducing environmental destruction, hence

leading agriculture-based livelihood in the community to a greater state of peril. Subsequently, it was

observed how the locals of Sta. Cruz, became more conscious of the repercussions of corporate large-scale

that they have long been tolerating. It shall be noted how Typhoon Lando, in October 18, 2015, significantly

changed the lives of Sta. Cruz residents. Torrential rains that resulted to rampant flashfloods, followed by

a nickel-laden mudflow have widely aggravated the lives of the people as it covered large sections of the

different barangays in the municipality. Taking into consideration the proximity of the areas to the mining

camps and the West Philippine Sea, Sta. Cruz has then been in a unfortunate and vulnerable state. For the

most part, locals have generally attributed the mud-filled flashfloods that ravaged their homes, roads,



community infrastructures, and most importantly, their livelihood to the irresponsible mining activities

practiced by large-scale mining firms in their local domain. From then on, “irresponsible mining” has

largely been perceived by the people of Sta. Cruz not just a mere phenomenon but as a social reality that

ultimately needs to be deconstructed.

The “Irresponsible State of Mining” according to Locals and Experts

In the course of interviews and focus group discussions done by the researcher, participants in the

study have all been asked of their perception of “irresponsible mining” in relation to their experiences in

the local community. A total of fifteen (15) subject respondents participated in in-depth interviews, two of

whom are barangay kagawads who serve as gatekeepers of the community. From the locals’ narratives and

from the facts obtained during the research investigation, the following are the identified defining elements

attributed to “irresponsible mining” in the context of the Sta. Cruz mining saga:

(1) Irresponsible Mining negatively impacts Human Life

For most of the subject interviews conducted, it was observed how the Typhoon Lando aftermath

has become the turning point by which the degree of Sta. Cruz, Zambales’ cognizance of irresponsible

mining has reached its peak. What is peculiar in the case of Typhoon Lando’s impact is the composition of

the reddish mud that covered several areas in Sta. Cruz as the soil compounds comprising it were verified

to be primarily constituted with nickel sediments and other mine tailings. This is the very reason as to why

broad public dissent of large-scale mining operations in the province was heightened, resulting to the

formation of local people’s organizations expressing their anti-mining sentiment.

On Safety and Security

It has been a slow process for Sta. Cruz, Zambales and its people to recuperate back to their former

condition. Recovering from the tragic deaths and demise of their livelihoods, residents then blame the



mining operations surrounding their communities as to why such series of events even transpired. The

flashfloods and landslides that inflicted numerous cases of injuries and fatalities only attest how the mining

activity magnified the impact of the typhoon. From this point on, residents in the community have then

developed anxiety on their safety and security. To quote a resident of Barangay Canaynayan on her view

on the community’s safety and security, she says, “Ngayon nga lang, buwan pa lang ng April, kasi Mayo

minsan nagbabagyo na, ang naririnig sa mga tao, ‘Ay nako po, malapit nanaman ang bagyo. Nakakatakot

nanaman ang baha.’” (“Since the typhoon season usually starts in May, as early as now, in the month of

April, people here say, ‘Ay nako po, the typhoon season is nearing again. The floods would be frightening

as before.’”) This statement expresses the widespread fear within the community regarding their

vulnerability as former victims of a natural calamity majorly aggravated by mine tailings. The fear that

another typhoon as strong as Lando would land in their province has always occurred in the thoughts of

some locals.

On the Locals’ Health and Wellbeing

As part of the mining activity, it is given that mining trucks take the role of transporting the loads

of ores and soil to and from the mining camps. However, along with this systematic process of mineral

transport comes the inevitable generation and release of dust particles that hover around the residential,

commercial, and public areas of the local community. According to Ms. Meggie Nolasco of CEC

Philippines, cases of respiratory tract infections spiked in 2008 since it is around this time when large-scale

mining in the province has expanded, hence the increase of the rate of travelling mining trucks in the area.

Asthma and other infections in the respiratory system have been experienced by the people of Sta. Cruz,

especially the children. This was affirmed by one of the FGD participants who is barangay health worker

of Barangay Pamonoran, stating that complaints on common coughs and colds were raised in the barangay

health center, ergo the demand for more medicine supply. Moreover, there were several reports of skin

allergies and infections that began appearing during the start of the mining operations. Several interviewees



mentioned the term, “kati-kati,” which refers to the type of rashes that Sta. Cruz locals acquire due to

mining dust particles.

On the Contamination of the community’s Water Resources

Ever since Typhoon Lando struck the mining community of Sta. Cruz, it has then become a difficult

task for the locals to actually obtain clean water that is safe for drinking. As compared to the previous years

when the municipality was still free from any trace of mining operations, water pumps and wells have been

abundant sources of potable water. But now at present, several barangays witnessed the alteration of the

attributes of water available in the wells and pumps located at their homes. For some residents, it is claimed

that water discoloration was primarily due to the integration of mine tailings to the aquifers, therefore

reaching the groundwater resources. Initially being caused by Typhoon Lando’s immense flashfloods and

landslides, the contamination of Sta. Cruz’ water resources has still been widely apparent, and even worse.

With the case on hand, the call for facilities that would provide safe drinking water to residents is being

promoted throughout the area. Doctor Molino, in an expert interview, reiterated, “Hindi ito simpleng laban

kontra mina. Ito ay laban na ng buhay. Laban kasi laban na ng supply ng aming tubig. Pag nawala na ang

tubig namin, paano na kami?” (“This is not a simple battle against mining. This is a battle for life. Battle

because this a battle for the supply of our community’s water resources. If we lose our water, what will be

our situation?”)

(2) Irresponsible Mining engenders Environmental Degradation

On Deforestation

A number of literature evaluating the mining activity provide that throughout the whole process,

mining generally poses a great threat to the ecology if environmental laws and policies are just ignored and

not strictly enforced, or if the practice itself is, by nature, destructive of the environment. In the series of

key-informant interviews conducted with some locals of the community, two residents believe that it is due



to the open-pit mining method being employed in Sta. Cruz that the degree of irresponsible mining is more

severe than in other provinces. Open-pit mining was characterized as the practice in which massive

deforestation and clearing operations is permitted to occur in order to demolish any obstructions situated

within the parameters of the prospective mining site. Forests and mountain ranges are the principal victims

of the deforestation process which involves the use of large-scale excavators and bulldozers to transform

the area into a conducive mining setting. According to one resident, the cutting of century-old trees has

caused the immensity of the gushing winds and the raging flashfloods that submerged his community area

in flood water for quite a while during the Typhoon Lando. For the longest time, it was assumed that the

trees in the mountains served as the lowlands’ natural defense mechanism from the intensity of any typhoon

that may strike the lowlands. But now with the excessive cutting of trees, the community of Sta. Cruz has

then become more prone to flooding incidents than ever.

On Deep and Excessive Land Excavation

During the mineral extraction phase, the mining activity involves the excavation of large piles of

land in order to acquire minerals of value. In the process, it is observed how the accumulation of stockpiles

and the transport of ores fundamentally implies a diminution of the mountain’s natural soil capacity. Some

residents then fear that with the reduction of their mountain lands and the levelling of the mountains’

terrains, the province’s natural environment is greatly destabilized. With this, it is assumed that the tendency

that calamities as powerful as Typhoon Lando may then occur again, while anticipating that graver impacts

may even transpire.

On Land and Water Contamination

The unproductivity of fruit-bearing trees and rice fields has been one of the principal grounds for

the assumption that nickel laterites have as well negatively affected the fertile soils of Sta. Cruz, Zambales.

Before the commencement of large-scale mining operations, some locals attest that fruit-bearing trees such



as kaimito and santol bountifully produce enough that some locals even develop them as a business venture.

However, the contamination of the fertile lands of Sta. Cruz has then engendered a decline of crop

productivity that even rice farming, which is one of the municipality’s primary forms of livelihood, reached

a point of depression.

With regard to the contamination of water resources, the research findings provide that the

surrounding rivers and seas of the Sta. Cruz local communities are, in truth, evident of having acquired

samples of nickel compounds. This was verified by the Fact-finding Mission report by the Center for

Environmental Concerns, Move Now! Zambales, and St. Michael Parish – Sta. Cruz (2015), stating that the

banks of Cabaluan River, Pamalabauan River, and Sta. Cruz River have actually exhibited layers of red soil

that are principally composed of nickel laterites. Marine life imbalance has then become apparent as the

fish population decreased after the strike of Typhoon Lando.

(3) Irresponsible Mining aggravates Agriculture-based Livelihood

In line with the community’s dilemma on nickel-laden ground soil and river banks, another major

key defining element of irresponsible mining is how it exacerbates agriculture-based livelihoods in the Sta.

Cruz. Since both farming and fishing activities are the primary forms of livelihood in the community, locals

have now heavily relied on agriculture and the condition of environment. Given that local farmers of Sta.

Cruz have already their own set of struggles in their line of work, such as that of the lack of essential

resources and the drought brought by the dry season, the problem on soil infertility, caused by mining, has

only led them to a more burdened state. In fact, in Barangay Pamonoran, where vast lands of rice fields

have been the place’s prime feature, one Barangay Kagawad shares his farming experience saying that

from the usual four hundred (400) kaban he harvests per season, he now yields only fifty (50) kaban.

Similarly, the case of local fisherfolks also portrays the same difficulty in their line of work. With

the decline of fish catch in the past harvest seasons, Sta. Cruz fisherfolks are then troubled in maintaining

the richness of the fish populations. However, according to one resident of Barangay Malabago who owns



a fishing pond of her own, she noticed that due to the nickel composites integrated along the pond’s edges

and on ground soil, the formerly rich and populous marine life ecosystem has then been disrupted and

undermined by mining operations. In connection with the issue on decreased fish catch, it was also reported

that some fisherfolks have then gone beyond their usual fishing area, extending to thirty (30) nautical miles

from the Zambales shore. According to the press release of the CCOS, fisherfolks are forced to fish farther

as the waters near the shore are polluted with mine tailings produced in the nearby mining camps. Due to

the aggregation of nickel laterites covering the sea ground, it was observed that corals have been dying,

ergo causing fish seek shelter in the other regions of the sea (Alyansa Tigil Mina, 2014). In addition, some

fisherfolks also contend that the proliferation of moss, or “lumot” as what Sta. Cruz locals call it, along the

shores of the West Philippine Sea has severely made the fishing activity more strenuous as the lumot lingers

in the fishing nets and casts the fish away. Given the condition that fish population in both rivers, seas, and

man-made ponds have diminished through time due to mine tailings, the present situation of moss

propagation – that is also linked to nickel laterites –has even more aggravated the state of local fisherfolks.

(4) Irresponsible Mining is Profit-oriented and has No Benefits to the Community

The case of corporate large-scale mining in Sta. Cruz, Zambales depicts the realities of local mining

communities in a third world country like the Philippines. Anchored on a capitalist and profit-driven motive,

it is a point of fact that, for the most part, mining firms have the greater edge in every mining agreement or

permit granted in their favor. Although there are requisites, such as the Environmental Compliance

Certificate and the Environmental Impact Assessment, the postulation that the legal premises have been

satisfied is not tantamount to the actual compliance of mining contractors in conserving the natural

environment and maintaining the local community. As Ms. Nolasco of CEC Philippines claims, the mining

practice is held irresponsible if it has not performed in the interest of the people – if it is only for the benefit

of several private entities, or those large-scale mining companies. The mere disregard for the conditions of

the Sta. Cruz community and essentially for irresponsible mining’s impact on the lives of the residents and



to the natural environment evidently suggests that there is a clear absence of community consultations and

monitoring.

According to most of the interviewed residents, they view mining in their province as largely a

perwisyo or an inconvenience to them and to their community. One resident of Barangay Malabago, in her

interview, states, “Iresponsable sila kasi dun sa pagmimina nila hindi nila iniisip ang kahihinatnan ng mga

mamamyan. Ang iniisip lang nila is pansarili lang nila…” (“They are irresponsible in their mining practices

because they do not think about the future and welfare of the local residents. They only think of their own

self-interests.”) The economic and environmental costs of mining to their community are much greater than

the assumed gains that the local community could acquire from the mining operations. Since there has been

no consistent monitoring of the Sta. Cruz’ state and welfare, the unfulfilled promises of large-scale mining

corporations on executing social development projects and prosperity at the local level have then not

transpired at the very least.



CHAPTER V:

THE ROLE OF LOCAL ENVIRONMENTAL JUSTICE MOVEMENTS

(LEJMs) OF STA. CRUZ, ZAMBALES

Timeline of the Sta. Cruz Anti-Mining Struggle

Since 2006, mining operations have already been evident in the province of Zambales and have

earned public dissent among the residents of Sta. Cruz. Six years after, Move Now! Zambales, along with

other local POs, agricultural groups, environmental organizations, and progressive entities, collaborated to

investigate on the mining situation of the province. The fact-finding mission highlighted the negative impact

of the mining activity on the community of Sta. Cruz, primarily underscoring its repercussions on the lives

of the people. With the support garnered from different groups, the anti-mining campaign has extended its

reach within the local community.

Typhoon Lando Aftermath: Sta. Cruz residents’ stronger Anti-Mining sentiment

In October 2015, Sta. Cruz, Zambales was among the provinces severely hit by the magnitude of

Typhoon Lando. The typhoon aftermath has been the turning point for some of the local residents who

decided to stand up against the persisting destruction of both their environment and their community.

Hence, from January 19 to February 28 of last year, residents of Sta. Cruz filled the national highway of

Zambales to block the passage of mining trucks in the hopes of totally ending large-scale mining operations

in their province. This bold attempt of Sta. Cruz locals marked the first collective action taken by residents

coming from different barangays who are all united by one cause – which is to eliminate all traces of

corporate, large-scale mining operations that is tolerated by both the local and national government.

Following the barricade are several rallies and protest actions, dialogues, and other LEJMs conducted by

the residents of the Sta. Cruz local community.



Forms of Local Environmental Justice Movements (LEJMs) executed by Sta. Cruz residents

Mass Demonstrations

On January 19, 2016, a human barricade led by residents of Barangay Bayto had inspired hundreds

of other Sta. Cruz locals to get on the streets and join the movement against large-scale mining in their

province. This first-ever human barricade joined by around two hundred (200) anti-mining protesters has

been one of the most significant events in the history of Sta. Cruz. The residents’ shared struggle against

corporate, large-scale mining became the unifying element that made the LEJM generally impactful.

Lasting until February 28, 2016, the Sta. Cruz human barricade grew in number as several civil society

organizations, such as Move Now! Zambales, Concerned Citizens of Sta. Cruz (CCOS), Central Luzon

Aeta Association (CLAA), Diocese of Iba Advocacy Desk (DIAD), and the Samahan ng Kabataan Para sa

Kalikasan (SKPK), eventually took part in the LEJM. The barricade has been a call for action for the LGUs,

the national government, and the private mining firms to address the state of irresponsible mining in the

province, given that a segment of the Sta. Cruz population was victimized by Typhoon Lando.

Other forms of mass demonstration-type LEJMs that have been apparent in the Sta. Cruz anti-

mining crusade are the series of individual rallies conducted in front of the offices of the local government,

DENR, and mining companies. On July 25, 2016, some residents of Sta. Cruz organized a caravan to Manila

to attend President Duterte’s SONA with the aim garnering greater support from the public on the plight of

Sta. Cruz on attaining social and environmental justice. In an interview conducted, one member of Move

Now! Zambales shares that just recently, the organization and other anti-mining groups actually travelled

to Manila to express their support for DENR Secretary Gina Lopez. Following this, the caravan then

proceeded to BNMI’ s office in Makati to initiate a protest movement, condemning the mining company of

its irresponsible mining operations in the Zambales province. The next day, March 3, 2017, was the

anniversary of the Philippine Mining Act of 1995, which is why Move Now! Zambales alliance, several

environmental groups, peasant organizations, and other progressive bodies conducted a protest rally against

the anti-people and anti-environment mining law.



Dialogues with Government Officials and Mining Companies

Upon the assumption of office of the present Zambales Governor Amor Deloso in, July 2016 a new

hope was instilled in Sta. Cruz residents since there would be a chance that this time that the local

government would take their side and decide to review the mining permits granted by the former

administration to the operating mining companies. On July 15 of the same year, several anti-mining groups

organized a support rally in Kapitolyo, Iba, Zambales for Governor Deloso for having passed Executive

Order 1 which suspended all mining operations in Sta. Cruz for a period of time. In the mob organized by

the Move Now! Zambales alliance and its member groups, AGAP, SAGIP, SAMA-SAGIP, the DIAD, and

other local POs, SAMANILAY (Samahan ng mga Maninilay) and SKPK, the anti-mining groups

collectively campaigned for E.O. 1 and persuaded the public servant to finally eliminate irresponsible

mining as it continuously denies them of a safe and healthy life, productive livelihood, and a balanced

ecology. During the program, an announcement from the local government office that the governor is open

for a room dialogue reached the leaders of the mob and the meeting eventually transpired. The dialogue

took place in the municipal office for quite a time and finally concluded with Governor Deloso descending

from the office and meeting with the protesters outside. This has been the first close encounter of the local

anti-mining groups with the Zambales governor.

In an interview, a resident of Barangay Bayto, who was one of the first participants of the barricade,

stated that during the course of events, the protesters had an opportunity to have a dialogue with DMCI

regarding the issues being raised. It was noted that the mining company provided the local residents with

an agenda to resolve the problem on the repercussions of their mining operations. To quote the interviewee,

he says, “Nagbigay naman sila ng…agenda nila. Pero di kami pumayag. Pinaliwanag namin yung

kagustuhan namin, tapos sinagot nila. Pero sabi namin, pagdating namin sa Barangay Bayto, ipaliwanag

namin kung gusto nila yung offer ninyo sa amin.” (They gave their agenda, but we did not agree. We

explained what we want, then they answered. But we told them that we will first ask our village people if

they are in favor of the offer or not when we arrive in Barangay Bayto.”) Consultations within the barangay



were then conducted which involved representatives from every purok. However, in the end, the DMCI

mining corporation claimed that they take no responsibility for the devastations caused by mining in the

community during the Typhoon Lando as their mapping provides that Eramen and BNMI were actually the

ones which have principally caused the recent flashfloods and landslides.

Popularizing the Environmental Issue

Through the information dissemination and awareness raising efforts by local people’s

organizations within their community, the local environmental issue of irresponsible mining has been made

known to a bigger audience. According to some of the interviewed Sta. Cruz residents who are members of

local POs, flyers and newsletters are being distributed every now and then to ensure local awareness in the

province. In addition, it was noted that last September 29, 2016, during the fiesta of St. Michael Parish –

Sta. Cruz, a Typhoon Lando-themed photo exhibit was set up in the town proper to remind the people of

the municipality of the havocs brought about by the calamity. This movement served as a means for the

local community to remember the experiences of their municipality during the time of crisis, hence express

their dissent with the irresponsible mining operations still persisting in the province.

With regard to the role of environmental groups, the Center for Environmental Concerns –

Zambales unit was observed to have been actively supporting the local community in the LEJMs it has

undertaken. According to Ms. Nolasco, CEC Philippines helps in conducting educational discussions in the

community in order for the residents to know and understand the mining situation of Zambales. This is one

way to ensure capacity-building among the politically-conscious and active residents of Sta. Cruz. In

addition, Mr. Begnotea of Kalikasan-PNE highlights that one of the efforts of the Kalikasan environmental

group is to further popularize local environmental issues, and essentially, the struggles of the local

communities. By capturing wider media attention and generating public opinion, the local struggle of Sta.

Cruz ascends to the national level.



Examining the Impact of Sta. Cruz LEJMs at the Local and National Level

Impact of LEJMs at the Local Level

When the respondents of the study were asked to assess the various LEJMs donein their local

community, all agree that the movements have been effective in successfully carrying out the common

cause of campaigning against irresponsible mining. Through collective action, be it in the form of rallies,

human barricade, or publicity efforts, these LEJMs continued the anti-mining sentiment of Sta. Cruz. By

persistently educating the people of the community, the locals’ sense of consciousness to the environmental

issue is maintained. As one of the locals says during an in-depth interview, “…isa rin naman sa

naobserbahan ko, parang mulat din naman yung mga miyembro,” (“...one of my observations is that it

seems like the members have become aware [of the current issues regarding irresponsible mining].”) hence

affirming how local environmental justice movements are proved to be effective in bringing positive change

in the community.

As for the relations observed between civil society organizations and the local government of

Zambales, it is posited that the voice of the Sta. Cruz local community has, at present, been heard and

recognized by the new administration of Governor Deloso. It is noticed how the occurrence of the Bayto

barricade and other series of protest movements have been significant grounds for the enactment of

Executive Order 1 by Governor Deloso on July 3, 2016. As an expression of approval, the anti-mining

groups then assembled in Iba, the province capitol, and conducted a support rally of which the governor

acknowledges. According to the residents interviewed, there is an observed disparity between the leadership

of the former and present governors since it is the first time for the anti-mining groups to have a close

encounter with the local government and discuss the mining issue privately.

Impact of LEJMs at the National Level

At the national level, the gravity of LEJMs was measured based on its capacity to engage the former

DENR Secretary, Gina Lopez, in the anti-mining struggle of the local community. Days following the



dialogue in the municipal office, former DENR. Sec Lopez visited Sta. Cruz to investigate on the magnitude

of the mining situation in the local community. Consultations with representatives of the different barangays

of Sta. Cruz were conducted to attain a general assessment of the community’s sentiment. It was also noted

that, included in the program, was the chance for the leaders of selected local people’s organizations to

speak in behalf of their members. The environmental discourse was carried out and particular issues

concerning the Sta. Cruz state of mining were raised.

In the study, the views of experts on the role of LEJMs have been asked in order to evaluate the

effectiveness of such social movements. In a statement by Congressman Zarate, it was highlighted how

CSOs, such as local people’s organizations, are of crucial standing for these groups defend and maintain

their communities’ welfare. Mr. Garganera of Alyansa Tigil Mina enumerates the three (3) functions of

civil society with regard to the anti-mining struggle: (1) To create and preserve knowledge – which may be

done through research and documentation for data to be empirically-based; (2) To be a uniting force in the

community and foster solidarity among the people; and (3) To bolster the community’s advocacy and

struggle against mining. Lastly, Ms. Norie of Green Thumb Coalition (GTC) adds to the vitality of working

with local CSOs as these groups operate at the grassroots level. Both national and environmental anti-

mining groups could collaborate with each other to amplify their common cause – the environmental

advocacy of protecting the natural environment from irresponsible mining.

Legal Measures taken against Large-scale Mining in Sta. Cruz

In June 2012, the Supreme Court ruled in a case to issue a Writ of Kalikasan in favor of Agham

party-list, represented by party-list Rep. Angelo Palmones. Among the respondents were LnL Archipelago

Minerals, Inc. (LAMI), an operating mining company in Sta. Cruz, the Department of Environment and

Natural Resources (DENR), Philippine Ports Authority (PPA), and the Zambales Provincial Police Office.

The issue of the case is primarily on the grave destruction of a mountain in Barangay Bolitoc, Sta. Cruz due

to mining (Reformina, 2012). Essentially, a Writ of Kalikasan, according the Rules of Procedure for



Environmental Cases, is a remedy based on Article II, Section 16 of the 1987 Philippine Constitution which

may be availed by a person with locus standi to the courts in representing persons whose constitutional

right to a balanced and healthful ecology is violated or threatened with violation. This must involve

environmental damage with a magnitude tantamount to the prejudice of the life, health, or property of

inhabitants, cities, or provinces.

In September 2013, another Writ of Kalikasan was granted in favor of Agham, but this time, by the

Court of Appeals. Pertinent facts in the petition include: (1) the militarization of the mining camp in which

it was noted that the LAMI personnel who were cutting down trees were armed with guns, and (2) the

continuing environmental destruction of Barangay Bolitoc’s mountain which causes the levelling of its

terrains. Although LAMI assumes that it has sought the approval of the Sangguniang Bayan of Sta. Cruz,

it was however contended that no public consultations were actually conducted (The Philippine Star, 2013).

Moreover, in a Rappler report (2013), it was revealed that Chinese mining firm, LAMI is actually

constructing a seaport within the province. The agenda for the harbour construction is in order for LAMI

to establish an efficient and direct shipping delivery system of Sta. Cruz’ chromite-rich soil to China. From

here, it was noted how the foreign mining company has not only caused ecological imbalance in the local

community, but as well claimed portions of Zambales province’s adjacent waters, as the Court of Appeals

ruled. However, recent news provides that the Writ of Kalikasan petitioned by Agham party-list Rep.

Palmones against LAMI was lifted by the Supreme Court on May 2016. According to reports, the high

court reversed the Court of Appeals’ issuance on the grounds that the plaintiff was unable to present strong

evidence in their allegation (Aning, 2016).

In January 2014, the Supreme Court issued a Writ of Kalikasan versus the DMCI (David Mendoza

Consunji, Incorporated) Mining Corporation. The other respondents of the case are also those defendants

of the earlier petitions filed. The issue was maintained, having the same allegations with that of the LAMI

case which is the massive logging of trees causing to the leveling of mountain terrains (Diola, 2014). In the

middle of the year, DENR’s Mines and Geosciences Bureau (MGB) announced the suspension of the four



(4) mining companies operating in Zambales: (1) ZDMC, (2) BNMI, (3) EMI, and (4) LAMI. This

suspension is in line with the forwarded complaints of Sta. Cruz locals on the contamination of their rice

fields and sea shores. As a response, MGB then distributed suspension orders and instructed the

aforementioned mining firms to arrange a proper and appropriate disposal area of the mining stockpiles. In

addition, MGB Director Jasareno recognized the nature of mining in Sta. Cruz, stating that the

“unsystematic strip mining” method being employed by operating mining companies engenders ecological

risks such as siltation and dust generation (Rappler, 2014).



CHAPTER VI:

SUMMARY AND ANALYSIS

Summary

In sum, it is deduced that the Philippines, endowed with a vast number of natural resources, has

been one of the world’s leading producers of mineral reserves. However, it shall be noted that despite the

mineral affluence, the Philippine mining industry’s contribution to the economic and labor sector has only

been minimal through the years. Performing within the mining framework set by the Philippine Mining Act

of 1995, the mining industry has then undergone further liberalization, shifting its disposition to one which

is export-oriented, import-dependent, and foreign-driven. Grounded on a neo-liberal ideology, the approach

of R.A. 7942 has been antithetical to the national interest and national development as it only maintained

the Philippines’ dependence to the global market for the productivity of its own minerals. As a third world

state, it is known that the country is bound for the grave exploitation of its natural resources and raw

materials by the advanced or first world nations. Now more than ever, Philippine sovereignty and patrimony

are at great stake with the government’s toleration of 100% foreign ownership in the mining industry. It is

also observed how the present mining law exhibits other detrimental features, such as that of being

destructive and highly-extractive of the country’s natural environment. For twenty-two years of the

Philippine Mining Act of 1995’s implementation, the mining law has only aggravated the ecological

condition of the country as made manifest in the local communities wherein the mining camps are situated.

With the granting of Exploration Permits, Mineral Agreements, and the Financial or Technical Assistance

Agreement (FTAA), a higher degree of environmental and social risks shall be sustained.

The case study of the Sta. Cruz, Zambales mining situation portrays how corporate, large-scale

mining – the state of mining in the province – had engendered detrimental effects to local mining

communities. For the most part, it was deduced from the research investigation that mining contributed

more inconveniences than benefits to the locality. Moreover, it also made the local community and the

residents vulnerable to landslides and flashfloods that are induced by the terrain levelling of the mountains.



As for the state of the land and water resources of Sta. Cruz, it was observed how nickel and other mine

tailing elements polluted the mountains, lands, rivers, and seas of the municipality, ergo the decline of

livelihood produce in the area. dreadfully endured by Sta. Cruz residents. Through the local environmental

justice movements, the Sta. Cruz local community was then given a voice that was heard by the local and

national government. The LEJMs conducted were able to showcase the social realities of the mining

community, hence expose the truth of the perils of irresponsible mining that is dreadfully endured by the

local residents. Also, it is averred that the Sta. Cruz LEJMS had successfully strengthened the demand for

political participation in environmental policy-making processes and ultimately, for ecological and social

justice

Analysis

In response to the worsening dilemma on how irresponsible mining should be addressed in their

community, several Sta. Cruz local residents then decided to take action by forming local people’s

organizations that would actively express the town’s anti-mining sentiment. Through the execution of local

environmental justice movements by local POs, green groups, and the religious sector, it was observed how

the local residents of Sta. Cruz developed into being more politically conscious and active in asserting their

claims for a balanced and healthful environment.

Although local organizations in the community have taken the initiative to assess the mining

situation of the province, it was however discovered that the three major anti-mining factions existing in

the municipality have not closely worked together in elevating their common cause. Move Now! Zambales,

CCOS, and Defend are headed by different charismatic local leaders who all share the same view which is

to prevent the continuation of destructive large-scale mining in Sta. Cruz. But given the disparity on the

framework and process by which these three alliances operate, disagreements and inter-organizational

discord are apprent. In order to conduct LEJMs that are more powerful and effective, it is necessary for

these local anti-mining groups to harmonize themselves and be united in spirit.



In the end, the research study then proves that LEJMs and the environmental struggle on

irresponsible mining in the Philippines have a relationship. It is affirmed that the case of the Sta. Cruz,

Zambales mining saga and its executed LEJMs have reflected the country’s national environmental struggle

on irresponsible mining. With the popularization efforts of the anti-mining groups of Sta. Cruz, the

ecological issue on irresponsible mining then advances to the national scale. Given this premise, it is then

posited that social movements at the local level have been more effective in acquiring public appeal and

generating government response in time.



CHAPTER VII:

CONCLUSION AND RECOMMENDATIONS

Conclusion

In conclusion, the research investigation was able to affirm that the domestic mining industry

performing under the tenets of the Philippine Mining Act of 1995 has been problematic for its incapacity

to recognize the social and environmental costs it has engendered to the local mining communities and

ultimately, for its failure to commit itself to the national interest. As a country endowed with an abundance

of natural resources, the Philippines should have strived to preserve and enrich its mineral reserves. But in

doing so, it must develop a mining industry that would largely benefit the Filipino populace and cater the

immediate concerns of the people. A nationalist-oriented mining sector would strengthen the argument that

the mining industry may still be an advantageous course for the Philippine economy as long as it ensures

that it is the Filipino people which it principally serves, hence it shall provide the following: (1) security of

employment, (2) consideration of the local mining community, and (3) protection of nature. By reviewing

and replacing the present mining law – the Philippine Mining Act of 1995 – with a pro-people and pro-

environment one, it is expected that the country could maintain a mining sector that does not undermine the

Filipino nation’s interests but would promote national industrialization and development.

With regard to the topic on local environmental justice movements, the research study had

deliberately discovered how the local residents of Sta. Cruz, Zambales organized themselves in their plight

on eliminating the irresponsible mining operations in the province. The impact of the Sta. Cruz LEJMs has

not only been evident at the local level, but also at the national scale for having radically changed the socio-

political space, particularly in the policy-making process. It must also be taken into account how the

different local people’s organizations in the area took the effort in joining anti-mining networks and

alliances in order to strengthen their political cause. With a wider web of connections, the execution of

LEJMs has then become more convenient as local POs are more equipped with the knowledge and skill of

organizing and capacity-building. As a result, it was observed in the study how citizen empowerment



increased the political consciousness and activity of the civil society, particularly among the members of

the local organizations. In examining the Sta. Cruz case study, it may be assumed that grassroots activism

has always been an effective means by which a group of people may bring about positive change in their

community. One of the key features of this research investigation is that it attempted to portray the national

environmental situation of irresponsible mining by setting out the Sta. Cruz, Zambales condition. It has

successfully exhibited how the state of mining in Zambales has also reflected how irresponsible mining is

being endured by other local mining communities in the Philippines.

Recommendations

The recommendations of the research study shall focus on two specific details – one is on the

developing political action of Local Environmental Justice Movements, and the other, on the petition for

an alternative mining law that largely departs from the framework imposed by the present Philippine Mining

Act of 1995. These two matters have been crucially highlighted throughout the study as both played a vital

role in resolving the local and environmental issue of irresponsible mining. It is believed that by

strengthening and empowering LEJMs of different local mining communities, the call to abolish the

existing mining law and enact a nationalist-oriented alternative will even more prosper. Finally, since the

research study’s only aim is to promote the national interest, it therefore endeavors to enlighten its readers

of its political and environmental advocacy of eradicating irresponsible mining by establishing a mining

industry that shall fundamentally be pro-Filipino.

Increased Support for LEJM and its Advocacy

It is largely essential that LEJMs shall receive greater support from the people and government as

these movements serve as the voice of the oppressed local communities. In truth, local environmental justice

movements also partake in the knowledge propagation process in order to raise awareness among the people

in the locality. Furthermore, LEJMs have also established strong links with national anti-mining groups



that are already familiar with the political landscape. Sharing a similar cause, both LEJMs and the alliance

networks would then be effective in promoting their advocacy through collaborative means.

The Philippine should as well be vocal in expressing its support to the groups conducting local

environmental justice movements. Being the prime receivers of the social and environmental risks of large-

scale mining, the government must take into consideration the appeals of the masses situated in local mining

communities. In addition, it is recommended that CSO and government relations be even more strengthened

as it is through civil society organizations, such as local POs, that the government is able to consolidate the

shared concerns and grievances of its constituents. Cooperation between the two parties is then highly-

suggested.

Enact an Alternative Mining Law

The end goal of this research study is to amplify the passing of an alternative mining law that

reorients the Philippine mining industry from the current destructive and exploitative framework to a pro-

people and environment-sensitive one. According to Congressman Zarate, the Technical Working Group

of the House Committee on Natural Resources is presently consolidating various versions of an alternative

mining bill that departs from the current mining regime that the Philippines is situated on. As affirmed by

Ms. Norie Garcia of Green Thumb Coalition, there are four (4) proposed mining bills in Congress that are

being reviewed by the committee.

From the interviews conducted, it was deduced that there are two alternative mining laws

highlighted by the experts. For the Makabayan bloc, the People’s Mining Bill is regarded to be the solution

in maintaining a domestic mining industry that is deemed to be: (1) conscious of the protection of the local

ecology, (2) would preserve the country’s natural resources, and (3) would support the basic sectors of the

Philippine society. Anchored on national industrialization, the Makabayan political coalition believes that

the People’s Mining Bill would be able to cater the needs of a modernizing nation. Within this setting, the

utilization of natural resources shall be aimed to the development of the country and of the local



communities. Moreover, it assures that community consultations and people’s participation shall take place

by giving high regard and respect to human rights and to the indigenous people.

The other mining bill proposal, the Alternative Minerals Bill, is one which is authored by the

Alyansa Tigil Mina organization. In a statement by Mr. Jaybee Garganera, it was posited that the mining

bill focuses on the proper management of the country’s mineral resources. Grounded on scientific and

rational foundations, the anti-mining group aims to develop an appropriate mining framework that is

applicable to the country. Under the proposed bill, the mining industry shall principally benefit the people

and not burden them. In order for the new framework to succeed, the Philippines must not over-exploit its

mineral resources for the security of the future generations. Hence, in devising a national industrialization

plan, the rational perspective of the mining activity shall also be taken into consideration.

Synthesis

In the end, it is affirmed that there is an urgent need to review, revise, and reform the current mining

law – the Philippine Mining Act of 1995. The legal measures it provides tolerates the destructive, extractive,

export-oriented, and foreign-driven nature of the domestic mining industry. It is also a point of fact that

irresponsible mining does not only burden the minimal actors of the society, but has as well been an

inconvenient phenomenon for the Philippine environment and the economy. The demand that corporate

large-scale mining shall be restricted must be elevated to a higher degree given that the capitalist system

was proven of having exacerbated the country’s natural resources and culture. This research study calls for

greater public support to the welfare of local mining communities all around the Philippines by campaigning

for the abolition of irresponsible mining, which may ultimately be achieved through the promotion of a pro-

Filipino mining industry anchored on national industrialization.



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Environment, 1-14. doi:10.1080/17480930.2016.1188253

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APPENDIX A:

KEY INFORMANT INTERVIEW (KII) & FOCUS GROUP DISCUSSION (FGD) GUIDE

I. Key Informant Interview (KII) – For Subjects (Sta. Cruz, Zambales locals)

Set the mood. Introduce yourself and the research study. Provide an informed consent form to the

interviewee and discuss it briefly. Ask permission from him/her to have the interview audio recorded, and

to take photos if necessary. Let the respondent ask questions for clarifications regarding the interview that

shall take place.

Interview Questions:

1. Please describe the mining situation in your local community, Sta. Cruz, Zambales.

a. What were your experiences relating to mining in your province?

b. How did you deal with these mining-related experiences?

2. How do you view “irresponsible mining”?

a. How do you define “irresponsible mining” if attributed to the mining situation in your local

community?

a. What are its manifestations in your area? What is its impact to your municipality?

b. How does it affect your way of life – livelihood, land and water resources, environment, health

and well-being, and safety (in times of calamities)?

b. What is your stance on “irresponsible mining”? Are you for or against it? Why or why not?

3. Are you a member of any local people’s organization (PO) in your community that campaigns

against irresponsible mining operations?

For Members

a. Why did you join (name of local PO)?

b. How active is your PO in its anti-irresponsible mining campaigns? What kinds of local

environmental justice movements (LEJMs) have been performed by your local organization?

c. Could you please share some of your organization’s success stories with regard to its anti-

irresponsible mining advocacy?

d. What were the struggles faced by the organization in the course of the Sta. Cruz irresponsible

mining issue?

e. Do you think your (name of local PO) and the LEJMs it conducted were effective in bringing

positive change in your local community?

For Non-members

a. How do you view local people’s organizations campaigning against irresponsible mining in

your community? Do you think they are effective in their campaign? Why or why not?



b. How do you view local environmental justice movements (LEJMs)? Do you think the execution

of these LEJMs were effective in bringing positive change in your local community? Why or

why not?

4. How do you think would irresponsible mining be solved at present and in the long run?

a. What key strategies should be taken by both government and non-governmental (civil society)

bodies to solve ng issue of irresponsible mining?

b. Do you think local environmental justice movements have effectively been sending signals to

the Philippine national community in their calls to action to address the environmental

problem? Why or why not?

c. How vital is it for the environmental concern of irresponsible mining to be solved at both the

local and national level?

5. Do you have anything more to say regarding the environmental problem of irresponsible mining

and the relevance of local environmental justice movements?

Conclude the KII properly. Express your gratitude towards the respondent.

II. Focus Group Discussion (FGD) – For both Local PO members and non-members (2 batches)

Set the mood. Introduce yourself and the research study. Provide an informed consent forms to the FGD

participants and discuss the content briefly. Ask permission from them to have the focus group discussion

audio recorded, and to take photos if necessary. Let the participants ask questions for clarifications

regarding the FGD that shall take place.

FGD Flow:

1. Please describe the mining situation in your local community, Sta. Cruz, Zambales.

a. What were the community’s experiences relating to mining in Zambales?

b. How did Sta. Cruz deal with these mining-related experiences?

2. How do you view “irresponsible mining”?

a. How do you define “irresponsible mining” if attributed to the mining situation in your local

community?

b. What are its manifestations in your area? What is its impact to your municipality?

c. How does it affect your way of life – livelihood, land and water resources, environment, health

and well-being, and safety (in times of calamities)?

d. What is your stance on “irresponsible mining”? Are you for or against it? Why or why not?



3. For Members and Non-members of local POs

MEMBERS

a. How active is your PO in its anti-irresponsible mining campaigns? What kinds of local

environmental justice movements (LEJMs) have been performed by your local organization?

b. Could you please share some of your organization’s success stories with regard to its anti-

irresponsible mining advocacy?

c. What were the struggles faced by the organization in the course of the Sta. Cruz irresponsible

mining issue?

d. Do you think your (name of local PO) and the LEJMs it conducted were effective in bringing

positive change in your local community?

NON-MEMBERS

a. How do you view local people’s organizations campaigning against irresponsible mining in

your community? Do you think they are effective in their campaign? Why or why not?

b. How do you view local environmental justice movements (LEJMs)? Do you think the execution

of these LEJMs were effective in bringing positive change in your local community? Why or

why not?

4. How do you think would irresponsible mining be solved at present and in the long run?

a. What key strategies should be taken by both government and non-governmental (civil society)

bodies to solve ng issue of irresponsible mining?

b. Do you think local environmental justice movements have effectively been sending signals to

the Philippine national community in their calls to action to address the environmental

problem? Why or why not?

c. How vital is it for the environmental concern of irresponsible mining to be solved at both the

local and national level?

5. Do you have anything more to say regarding the environmental problem of irresponsible mining

and the relevance of local environmental justice movements?

Conclude the FGD properly. Express your gratitude towards the FGD participants. Distribute the tokens of

appreciation.



APPENDIX B:

QUALITATIVE DATA PRESENTATION Question Data Quote, Page Themes, Subthemes Remarks, Significance

1. How do you define

“irresponsible mining”?

Subject Interviews Expert Interviews On the impact of Typhoon

Lando:

“Yung mga magulang ko

na 74 years old na, hindi

pa nila naranasan yung

bumaha dito ng ganun

nung nakaraan.” (p.8)

On the contamination of

water resources:

“Kasi noon nung wala

pang mining ang ganda pa

nung tubig namin.

Ngayon wala na.

Kelangan nalang pakuluan

kung wala kang pambili

ng mineral, papakuluan.”

(p.41)

“Hindi ito simpleng laban

kontra mina. Ito ay laban

na ng buhay. Laban kasi

laban na ng supply ng

aming tubig. Pag nawala

na ang tubig namin, paano

na kami?” (p.68, Dr.

Molino)

On mining’s impact to the

locals’ health:

“Dahil sa alikabok yan

kasi sobra. Lalo na banda

Has a generally Negative

Impact on Human Life –

safety, health and

wellbeing

On Casualties (during Typhoon

Lando):

- death of a teacher from Brgy.

Gama

On the problems on water sources:

- Unclean water from pump

- Hazards from mining sites’s water

bases (p.60)

There are residents who still fear

that the aftermath of Typhoon

Lando would be repeated on any

occasion, hence developing

anxiousness every typhoon season.

1. Inflicts serious injuries

and fatalities, especially

during the occurrence of

landslides and

flashfloods.

2. Produces large

amounts of dust causing

asthma and skin allergies

among the locals.

3. Contaminates the

water sources of

residents (e.g. water

pumps).

Prompts the increase of

respiratory tract

infections among the

residents, given that the

nature of mineral

extraction allows the

integration of particulate

matters to the air.



jan dahil jan dumadaan

ang mga trak.” (p.42)

“Ang isa sa naging report

ng health ng Munisipyo

yun ngang dumami ang sa

mga ano, sa hika ganun,

ubo, mga ganung sakit

ang naging marami.”

(p.50)

“Tapos lumitaw din yung

epekto sa kalusugan na

nung ininterview yung

mga regional health units,

ah nag-spike daw yung

respiratory track infection

simula nung 2008. Ito

yung panahon na

nagkaroon ng

malakawakang

pagmimina.” (p.75, Ms.

Meggie)

“…tumaas yung incidents

ng respiratory track

infection lalo na dun sa

mga bata. Kasi ang isang

epekto nung

pagbubungkal nung lupa

dahil dun sa open pit

mining eh yung mga

particulate matter saka

yung mga sediments nag-

aano sya sa hangin, kaya

nalalanghap sya nung mga

tao. Lalo na yung peak

nung pagmimina kung



saan 200 trucks daw yung

dumadaan na 5 times per

day.” (p.75, Ms. Meggie)

On their fear for their

safety:

“Ngayon nga lang, buwan

pa lang ng April, kasi

Mayo minsan nagbabagyo

na, ang naririnig sa mga

tao, ‘Ay nako po, malapit

nanaman ang bagyo.

Nakakatakot nanaman ang

baha.’” (p.58)

Inflicts damages to

nature – to the

mountains, soil, rivers,

and seas:

1. Performs Irresponsible

Mining Practices (Open-

pit mining) that leads to

the deforestation of

forests and mountain

ranges.

2. Deep and excessive

land excavation during

mineral extraction results

to the generation of more

stockpiles.

3. Increase in the acid

composition of soil

making it less fertile and

causing plants, trees, and

Inflicts damages to

nature and environment

by means of:

1. Excavation of massive

amounts of soil.

2. Infusion of

contaminated deposits

from mine tailing ponds

to the natural water

resources (rivers, seas).

3. Negative impact on

the environmental aspect

of the community.

On deforestation:

“...nagigiba yung mga

kwan, yung mga century

na kahoy sa bundok.

Imbis na pangsangga sa

hangin yon, lalong

nawawala. Tapos yung

lupa nababawasan. Imbis

na, katulad yan, malaking

depensa yan pag yung

malalakas na hangin na

galing diyan sa silangan

ay pang-cover sana diba?

Ma-cocover yon. Eh

ngayon bumababa.” (p.17)

“Pag ano, nasisira na yung

mga kabundukan. Tapos

pag bumabaha na dito,

maraming nasisira ho –

yung mga ano ng

Engenders Environmental

Degradation

“Pulang Lupa” – term given to

define the reddish attribute of soil

that is assumed to be caused by its

composition of nickel laterites

Does not follow environmental

laws:

“Well, ‘yung irresponsible mining,

for us, is mining that violates the

Mining Act, violates or does not

comply to all mining contract, and

then violates, or does not comply

with other environmental laws and

regulations natin.” (p.90, Mr.

Jaybee)



rice fields to be less

productive.

4. Marine life imbalance

due to the contamination

of rivers and seas.

kagubatan, tapos yung

palaisdaan nadadamay po

lahat sila ng ano, mga

nalulunod din na tao.”

(p.46)

On the practice of open-

pit mining:

“Hinuhukay nila kase.

Pinuputol nila yung mga

kahoy. Tapos huhukayin

nila. Pinuputol nila yung

mga kahoy na malalaki.”

(p.98)

On the unproductivity of

trees and rice fields:

“Yun po Madam, jan po

sa mga barangay na

naabutan ng nickel,

namatay na po yung lahat

ng mga kaimito, santol.

Dati napagkukuhaan. Yan

po ang kabuhayan daw po

nila jan sabi ng kapwa ko

tindera. Kabuhayan daw

po nila yung mga palay.

Wala na daw po sila

ngayon. Malaki talagang

kasiraan ang mining.”

(p.47)

On environmental

degradation, in general:


Canto, C. K. D. | 100

“Simple lang. Pagka

nakakasira ng kapaligiran,

whether that’s legal or

illegal, it’s irresponsible.

Kasi inaasahan natin

pagka pagmimina, ang

kumpanya ay nagmimina,

dapat yan ay walang

perwisyo. Kung saka-

sakaling uh halimbawa

nickel diba yung kanilang

binungkal na lupa, uh...at

yung mga laterite ay hindi

lalabas sa kanilang mining

area…” (p.68, Dr.

Molino)

“Kahit nga yung presence

lang ng apat na mining

companies sa iisang

munisipyo, uhm,

tapos…ayun, sobrang

laking impact niya na dun

sa environment, na halos

kalahati nung kabundukan

nung Sta. Cruz eh

minimina. Pagpapakita na

lang din na wala talagang

pagsasaalang-alang dun sa

balanse ng ekolohiya dun

sa lugar.” (p.76, Ms.

Meggie)

1. Engendered lower

productivity among the

local farmers and

fisherfolks, hence

On the decline of palay

produce:

“Tapos sa magsasaka po

nagiging acid po yung

Aggravates Agriculture-

based Livelihood

Palay:

From 70 to 80 kaban, farmer only

harvests 3 kaban now >> “nag-ipa”


Canto, C. K. D. | 101

aggravating their

condition further since

they already have their

initial problems on

livelihood resources.

2. Does not contribute to

the community’s

economic development.

kalupaan, yung kabukirin

kasi kumbaga yung

aanihin mo.” (p.35)

“Kagaya ng mga naririnig

ko sa mga kapwa ko

nagtitinda, yung mga

palay nila, sa 100 kaban

na nakukuha nila,

nagiging 30-20, nasa 20s

nalang po yung nakukuha,

naaani nila. Tapos yung

gulay nila dati nakaka-200

kilos silang ani ng mga

halaman, dahil sa pag-ano

ng minahan, mula nung

bumaha yung minahan,

wala na hanggang

sampung kilo nalang, 20

kilos.” (p.47)

“Ang percentage na

nakuha ko lang sa pag-

aani bali pinag-aanihan ko

ng 400 kaban ang nakuha

ko lang singkwenta

kaban.” (p.64)

On the decline of fish-

catch:

“Nababawasan po ang

ano, ang parang

environment din ng ilog.

Kasi kumbaga po

namamatay din ang

natural na pagkain nila

o hindi naglaman ang mga palay

(p.30)

From 100 kaban to 20-30 kaban

(p.47)

From 90 kaban to 34 kaban (p.40)

Aftermath of Bagyong Lando:

From 400 kaban to 50 kaban (p.65)

Fish-catch:

Decrease in amount of fish catch

since mining also affected the

natural food of marine resources

It takes a long time for fishing

ponds to recover from nickel

contamination since “lumot” were

formed, making it harder for fishes

to grow


Canto, C. K. D. | 102

kasi naaanuhan po ng

nickel.” (p.34)

“…halimbawa yung mga

magsasaka, lalo pa silang

naghirap. At yung mga

mangingisda, bukod sa

bumaba yung kanilang

produktibidad, hindi rin

talaga nila natamasa yung

supposedly positive na

dulot ng mga pagmimina

dun sa kanilang lugar…”

(p.75, Ms. Meggie)

1. Considered a burden

as it causes the

destruction of

environment and

infrastructures.

2. A burden to

residents’’ state of

livelihood.

3. One of the gravest

problems of Sta. Cruz

locals.

1. Does not benefit the

people as it only

exacerbates the condition

of agricultural work –

farming and fishing

activity.

2. Absence of the

expected social projects

to be initiated by the

government or mining

companies – e.g.

construction of roads,

schools.

3. No monitoring of the

community’s welfare

development.

On mining as an

inconvenience to the local

community:

“Iresponsable sila kasi

dun sa pagmimina nila

hindi nila iniisip ang

kahihinatnan ng mga

mamamayan. Ang iniisip

lang nila is pansarili lang

nila, akala nila

nakaktulong, pero di po

sila nakakatulong.

Maaaring sa iba

nakakatulong sila dahil sa

kita nung mga pumapasok

sa kanila, pero ang totoo,

hindi’t hindi, dahil

lalung...halimbawa kung

sa isang daan nilang

natulungan, mas mahigit

Does not Benefit the

Mining Community as it is

only viewed as an

Inconvenience (Perwisyo)

Ms. Norie

- For decades, it is evident that

mining communities have been

living with high poverty rates

- “Is it worth it? there are other

alternatives

- need of a “sustainable

framework”

- other options: Eco-toursim,

improve Agricultural Sector


Canto, C. K. D. | 103

sa isang daan ang

naperwisyo.” (p.30)

On mining as a burden to

agricultural workers:

“So hindi naman nag-

benefit yung mga

mamamayan, bagkus, lalo

pa silang mas naghirap.

Uhm, halimbawa yung

mga magsasaka, lalo pa

silang naghirap. At yung

mga mangingisda, bukod

sa bumaba yung kanilang

produktibidad, hindi rin

talaga nila natamasa yung

supposedly, ah, positive

na dulot ng mga

pagmimina dun sa

kanilang lugar. So ganun

pa rin yung katayuan

niya...” (p.75, Ms.

Meggie)

On the unfulfilled

promises of social

development:

“…tapos hindi rin naman

umunlad yung

infrastructure ng...Hindi

naman nakakitaan ng

mga, uhm, mga paaralan o

mga bagong daanan o


Canto, C. K. D. | 104

kahit uhm anumang mga

social projects na

ikakabuti sana ng

mamamayan…” (pp.75-

76, Ms. Meggie)

1. Mining firms being

apathetic to the concerns

and welfare of the

community.

2. Disregards the

impinging environmental

and economic impacts of

irresponsible mining in

order to sustain profit-

generation.

3. Highly-concerned on

self-interest, with no

clear intention of aiding

the community.

1. Only beneficial to

small entities – private

large-scale mining firms.

2. No consideration to

the threats and impacts

of mining to the local

community’s condition.

3. Domestic mining

framework styled as

profit-generating in

nature.

On mining companies

only focus on their benefit

– profit-generaiton:

“Ang masasabi ko dyan

talagang iresponsable sila

talaga. Gusto lang nilang

kumita. Wala silang

ginawang tulong sa

taumbayan. Kaya sila

iresponsable. Yung

katangian nila sa

pagkairesponsable, basta

kumita sila, yun lang.

Wala na silang pakialam

kung bahain ka, masira

yung mga kabuhayan mo

dyan. Yun ang tingin ko

sa iresponsableng

pagmimina nila.” (p.9)

“Nagiging iresponsable

yung pagmimina pag

ginagawa lang siya para

sa benefit lang nung iilang

mga entities, lalo nung

mga large-scale mining

companies na hindi

isinasaalang-alang yung

local condition saka yung

local...yung impact niya

Primary concern is Profit-

generation, hence

disregarding the

community’s welfare


Canto, C. K. D. | 105

dun sa local community.”

(p.75, Ms. Meggie)

“So gaya ng mga... Lahat

ng current mining dito sa

Pilipinas ay iresponsable

kasi nga nasa framework

siya ng pagkuha lang ng

kita. Ah, ganun din yun sa

hindi iba yung

nararanasan ng Sta.

Cruz…” (p.75, Ms.

Meggie)

2. What are the forms of

Local Environmental

Justice Movements

(LEJMs) performed in

the community?

1. Through the series of

rallies conducted in front

of government agencies

and offices of mining

companies.

2. Organizing a human

barricade in Bayto last

January, 2016.

3. Attending Duterte’s

SONA through a united

caravan.

1. Environmental groups

extending their support

in mobilizations.

2. The local

community’s barricade

action against


Sta. Cruz counts viewed

as one of the most

effective means to

impede mining

operations and condemn

the presence of mining

companies in their

municipality.

On LEJMs as an effective

means to instigate a

desired action:

“Kasi karanasan na rin

yan kahit sa iba pang mga

laban nung mga

komunidad na ang

pinakaepektibo talagang

pamamaraan eh pag yung

mga taong nasa

komunidad eh sila talaga

yung tumutol at kumilos

laban dun sa malakihang

pagmimina dun sa

kanilang lugar. So kung sa

Zambales man yan,

marami ng mga

karanasan. Halimbawa

yung barikada dun sa

Bayto kung saan napigilan

nila yung ah pag-travel at

pag...yung pag-export

nung mga ores dun sa

Mass Demonstrations

Important dates:

Jan 19 to Feb 28 2016: Human

Barricade

July 25, 2016: Duterte’s SONA

attended by local POs and

environmental groups

March 1, 2017: Nagsupport ang

Move Now kay Gina Lopez;

pumunta sa Batasang Pambansa

March 2, 2017: Pumunta sa

Benguet (BNMI) >> nagrally sa

Makati office

March 3, 2017: Pumunta sa

Chamber of Mines dahil


Canto, C. K. D. | 106

kanilang lugar.” (p.77,

Ms. Meggie)

anniversary ng Mining Act of

1995; atsaka sa DAR

May 1, 2017 (Labor Day): nagp-

prepare

1. Dialogues held

between concerned Sta.

Cruz residents and

representatives of DMCI.

2. So far, the most

successful dialogue with

the local government

was when Governor

Amor Deloso met with

the rallyists at the

Kapitolyo to express his

support to the anti-

mining campaign.

DENR Sec. Paje’s

meeting with Dr. Molino

of the CCOS (Concerned

Citizens of Sta. Cruz,

Zambales) pushed for the

investigation of the case

of irresponsible mining

in the province.

On meetings held with

DMCI:

“Itong nauna naming

nakusap itong DMCI,

DMCI mining. Nagbigay

naman sila ng kwan sa

amin, yung agenda nila.

Pero di kami pumayag.

Pinaliwanag naming yung

kagustuhan naming, tapos

sinagot nila. Pero sabi

naming, pagdating

naming sa Barangay

Bayto, ipaliwanag namin

kung gusto nila yung offer

ninyo sa amin.” (p.18)

Dialogues with the

Government officials and

with representatives of the

DMCI mining company

1. Through information

dissemination, the local

environmental issue of

irresponsible mining has

reached more people;

flyers and photographs

are distributed

throughout the

community.

2. A Typhoon Lando-

themed photo exhibit

was set up on September

29, 2016 – during the

1. Locals of Sta. Cruz are

invited to attend

educational discussions

organized by local

organizations and

environmental groups to

enrich their knowledge

on the subject matter.

2. Awareness raising

made possible through

the capturing media

attention and the shaping

the public opinion.

On awareness raising and

capacity-building among

local residents:

“So yung CEC, ang

ginagawa niya bukod dun

sa itinataas niya yung

kapasidad nung mga

mamamayan para harapin

yung mga lokal nilang

problema, tapos

pagbibigay nung mga

educational na mga

discussions para mas

Popularizing the

Environmental Issue

Enriching the campaigning and

communication

skills of the locals


Canto, C. K. D. | 107

town’s fiesta – to

remember the havocs of

the typhoon.

3. Efforts of Kalikasan-

PNE (People’s Network

for the Environment) to

further popularize the

local environmental issue

and local struggles of the

community to the

national level.

maunawaan nila kung

bakit ba ito nangyayari sa

lugar nila…” (p.76, Ms.

Meggie)

1. NGOs and POs united

with one agenda and

interest form networks

and alliances to establish

a strong support system.

2. CCOS’ (Concerned

Citizens of Sta. Cruz)

membership in national

organizations, Alyansa

Tigil Mina, Philippine

Network for Mining

Justice, and Philippine

District Partnership Inc.

3. Coordinating with

international

organizations is seen as

an essential strategy to

advance the collective

interest of the people.

4. The team of CEC

(Center for

Environmental

Concerns)-Zambales

attempts in uniting local

POs to solve both the

livelihood and

environmental dilemmas

On alliance-building:

“Ano kasi diba yung

aming group nung nakita

ng mga national NGOs,

ng mga POs na lumalakas

na ang aming laban, so

tumulong narin sila, at

naging member na kami

ng ilang mga national na

organizations like ayun sa

Alyansa Tigil Mina,

Philippine District of

Partneship Incorporated,

at iba pa na mga group

like Philippine Network

for Mining Justice, lahat

and others. So ayun.

Although, noon pa naman

kase, kilala ako ng mga

tao dito na I’m the

political animal,

advocating several issues,

head of human rights, and

environment. So madaling

nakadikit sa kanila, tulad

nga lahat kami

magkakasama sa mga

Formation of Alliances

and Networks


Canto, C. K. D. | 108

caused by irresponsible

mining.

5. Kalikasan-PNE’s

efforts to reach out to the

sectoral organizations in

the community,

including that of the

famers’ and fisherfolks’

POs.

advocacy at iba pang mga

people.” (p.70, Dr.

Molino)

On partnering with

international

organizations:

“So yun pa yung

ginagawa nung CEC.

Bukod dun sa

pakikipagtulungan uhm

dun sa iba't ibang mga

grupo, pati dun sa mga

international na mga

organizations. Kasi yung

ganitong problema naman

sa pagmimina, hindi lang

dito sa Pilipinas...So sa

buong mundo sya, kung

saan yung mga

malakolonyal na mga

bansa ay

pinagsasamantalahan

nung mga uhm...(clears

throat) Mga bansa na

kung saan dun present

yung mga large-scale

mining companies.

Kadalasan sila yung mga

industrialized countries na

nagpu-push talaga dun sa

ah globalisasyon. (pp.76-

77, Ms. Meggie)


Canto, C. K. D. | 109

1. Systematizing research

studies on the

environmental impacts of

mining by conducting

Environmental

Investigative Missions

(EIM) which congregate

both scientists and

environmentalists.

2. Research and

campaign networks

maintained to propagate

environmental

awareness.

“Uhm, bukod dun eh

tumutulong pa rin yung

CEC dun sa mga research,

halimbawa, pagsi-

systematize nung mga

pag-aaral gaya ng

pagkokondukta ng mga

environmental

investigative mission,

kung saan ah tinitipon

yung mga ibang mga

volunteers na mga

environmentalist saka

mga scientist para

bumisita dun sa lugar at

pag-aralan kung ano ba

yung mga aktwal na

impact ng mining dito.”

(pp.76-77)

Doing further Research

and Investigation

1. CCOS’ relationship

with the DENR began in

2012 when the local

organization was tasked

to document and report

the environmental

situation in Sta. Cruz.

2. Complaints were

submitted to concerned

government agencies for

them to address and

investigate on the case of


the municipality.

On documentation and

report-filing:

“Dun na nagsimula yun

na, na way back 2012

nagrereport na kami kung

ano ang nangyari, we’ve

been documenting. Kasi

I’m into forensics, alam

ko kung gano kahalaga

yung mga documentation.

So meron kaming series

of photo documentation.

Uhh... sa magsasaka,

mangingisda,

Documentation and Filing

of Reports and Complaints

to Government Agencies


Canto, C. K. D. | 110

magpapalaisdaan…”

(p.69)

1. With it alliance with

the Bayan Muna

partylist, the CEC was

able to lobby and

campaign for the

environmental concern

on irresponsible mining

in Sta. Cruz.

2. CEC has been one of

the main proponents of

the People’s Mining Bill

which was crafted on a

framework that protects

the interest of mining

communities and other

stakeholders.

On lobbying and the

promotion of the PMB:

“Ah, so yung CEC, ang

isa...isa siya din sa mga

tumulong doon sa pag-

craft nung uhm People's

Mining Bill. Oo, ito yung

mga ano... Ito ay resulta

ng ilang levels at ilang

serye ng mga

konsultasyon doon sa mga

apektadong komunidad at

saka yung sa iba't ibang

mga stakeholders, kung

saan diniscuss kung ano

ba dapat yung framework

nung pagmimina dito sa

bansa.” (p.76)

Lobbying/campaigning

and participating in public

policy-making in the

Legislative arena

3. How are Sta. Cruz

CSOs (local

organizations and

environmental groups)-

Government Relations

manifested in the local

community?

1. The granting of

mining permits makes it

more difficult to impede

the continuing mining

operations.

2. Government’s

“incapacity to see” the

present circumstance.

3. Corruption still being

evident, as observed in

the transactions done

between the government

and mining companies.

Government’s inaction in

addressing the

grievances of Sta. Cruz

residents.

On the government’s

incapacity to emphatize

with Sta. Cruz locals:

“Hindi, hindi kami

pinapakinggan dito sa

baba, dito sa lokal. Eh

kasi daw sabi nila, yan

ang sinasabi na nasa

nakakataas ang permiso.

Kaya kung binigyan sila

ng permiso, wala kaming

magagawa dito sa baba.”

(p.4)

“Magiging epekto

(epektibo) sana yan kung

Bureaucratic Failures of

the Government and its

Agencies


Canto, C. K. D. | 111

hindi bulag ang ating

gobyerno. Yon.” (p.36)

1. The national

government continues to

ignore the pleas of the

local people of Sta. Cruz.

2. Sta. Cruz residents’

belief that the

Government will never

be on their side.

On the disconnect

between the people and

the government:

“May mga...nag-uusap na

kaming ano...nag-uusap

na kami kung ano ang

plano namin doon sa...kasi

hindi natin magiging

kakampi ang gobyerno eh.

Kikilos na yung AGAP at

saka kung sino pa yung

makakasama namin.”

(p.14)

Disconnect between the

CSOs and the

Government, and between

the Local and the National

Government.

1. Around 500 police

officers came to disperse

the Bayto barricade;

there were some reports

of police harassment.

2. The presence of a

military tank even more

sparked speculations

among the people.

1. The role of police

officers in the Bayto

barricade to disperse the

mobilization heightens

the theory on the

collusion between the

government and the

private mining

companies.

2. There were events

when members of

environmental groups

experienced harassments

and attacks from the

police.

On cases of police and

military harassment:

“Hindi ano yan eh. Alam

naman natin yan. Ang

mga mining company,

talagang ihaharass yung

mga leader. At alam

naman kasi nila na tayo ay

effective leader doon sa

community, kaya galit na

galit sila sa at...actually

meron pa nga akong ano

Cyber Libel case na

ginawa, na gawa ng

Benguet eh. I was, I was

uh...sued for 20 million

Pesos. Cyber Libel ng

Benguet, naandiyan sa

Police and Military

Presence and Violence

500 police officers were deployed

during the human barricade

organized by Sta. Cruz residents

last February 2016

Task Force Malimanga


Canto, C. K. D. | 112

Manila.” (p.69, Dr.

Molino)

“Pero dahil nga hindi

pa...dahil na rin sa uhm

kasamaan o

kadesperasyon nung mga

mining companies at dun

sa sabwatan nila dun sa

local government,

tinambakan ng mga uhm

pulis saka ng mga militar

yung mga barikada kaya

nabuwag siya

pansamantala.” (p.77, Ms.

Meggie)

1. Zambales Governor

Deloso stepped down

from the municipal

office to meet with the

rallyists last July 2016;

the two parties discussed

the community’s

concerns on mining.

2. DENR Sec. Gina

Lopez’ visited Sta. Cruz

Zambales last July, 2016

to have a consultation

with the community

regarding their

environmental concerns.

3. Gov. Deloso gave a

statement on his support

to the anti-mining

campaign of the local

POs as long as they

1. There is direct

communication between

the, CCOS and the

DENR-MGB as

maintained by Dr.

Molino (chairperson of

CCOS).

2. Dr. Molino was tasked

by DENR Sec. Paje to

send copies of CCOS’

reports on mining for the

agency to review.

Close Encounters with

Local and National

Government Officials;

Government exhibiting

support

Congressman Zarate

- local initiatives against mining:

No Mining Zone/No Go Zone

“For example, in the previous

government, in the previous

administration, the national

government is really pursuing

further liberalization of the mining

industry, ano? And it ignored local

initiatives, for example, there were

localities already, LGUs, that

declared their localities already as

“No Mining Zone. “No Go Zone.”

But this is being ignored by the

national government. But to us, we

are encouraging this. This is

actually giving spirit to so-called

local autonomy enshrined in the

Local Government Code. So that is


Canto, C. K. D. | 113

would as well stand by

him.

4. Barangay local

government officials also

express their support to

local organizations.

why we are encouraging local

government units to pass local

ordinances. For now, in some

instances it has become effective.

For example, in South Cotabato,

they declared that they have this

ordinance banning open-pit mining.

So the Tampakan Project, the

biggest supposedly nickel project

in Asia, is put on hold.” (pp.83-84,

Cong. Zarate)

1. Environmental groups,

such as the Kalikasan-

PNE, play a vital role in

the constant monitoring

of the government’s

actions and activities

concerning

environmental affairs.

2. Such groups also

check if the

government’s mandates

are still aligned to the

interest of the people and

the community.

On CSOs being critical to

the government:

“Mhm, mahalaga yung

papel na ginagampanan

ng mga environmental

groups na, katulad namin,

kasi siya yung

nagsisilbing pang-check

no, doon sa ginagawang

trabaho ng gobyerno.

Pang-check kung…nasa

mandato pa ba at nasa

mandate pa ba nung sinabi

nung mga mamamayan

ang ginagawa ng

gobyerno…” (p.80)

CSOs being Critical of the

Government

4. What are some of the

success stories

experienced by local

organizations in their

campaign against

irresponsible mining?

Subject Interviews Collaboration between

CSOs and Government

On joining AGAP (Kuya

Emerson):

“Yung sa AGAP na yan, natatag na

yan matagal na eh. Ngayon, nung

nagkaroon ng ganyang ano... Na

kumikilos para dyan sa ano...

Nabuo uli yan, hindi na siya

1. Some successful dialogues done with Governor

Deloso

2. DENR Sec. Gina Lopez’ visit to Sta. Cruz,

Zambales to hear the locals’ concerns on mining

3. Forums organized by environmental groups that

are attended by members of local POs.


Canto, C. K. D. | 114

disaster committee. Ano na siya,

anti-mining na. Tapos, ayun, nag-

organisado na yung mga tao.

Ginamit na yung organisasyon para

magtulungan yung mga miyembro

ko. Yun yung kaya naano sa

AGAP. Gusto ko silang tulungan,

yung mga tao.”

5. What are the struggles

encountered by local

organizations and CSOs

in carrying out their

advocacy?

Subject Interviews On disunity among anti-

mining groups:

“Ang kalimitan kasing

naninira dito sa amin sa

Malabago kasi ang CCOS

eh. Kasi kalimitan, kagaya

nito may aktibidad

nanaman kami sa

livelihood, ang sinasabi

kasi nila sa nababalitaan

ko, binabayaran daw

dapat halos lahat ng lakad

namin. Hindi! Voluntary

talaga kami, pinaglalaban

namin yung karapatan

namin.” (p.38)

On the lack of

commitment of local PO

members:

“Hanggang ngayon. Kung

minsan nga, parang

bibitaw na nga ako. Bakit

kamo, Cy eh? Watak-

watak narin kami hindi

kagaya nung dati na kapag

Disunity within the

Organization

Disunity among anti-mining groups

> discrediting the efforts of one

group in a LEJM

> assuming all the credits of a

certain LEJM

> some groups vilify the other (e.g.

corruption within the group, being

unorganized)

Inactiveness of Members

Pro-mining groups within the

community – composed of mining

truck drivers and their families

Pro-mining and anti-mining divide

1. Lack of commitment and inactiveness among the

members of local POs.

2. Disunity among anti-mining groups – Move Now,

CCOS, Defend.


Canto, C. K. D. | 115

nagtext si Madam Tita,

“O ganito may

pupuntahan tayo. Darating

si…”(p.43)

On the inactiveness of

members of local POs:

“Iilan nalang kami na pag

nagpapatawag ng

meeting, iilan nalang

kayo. Halos wala na sa

ikatlong parte wala na.

Dati ang dami talaga

naming. Ngayon wala na.

Diba nakikita mo sila

noon ang dami. Ngayon

wala na ang hirap nang

magtawag.” (p.44)

“Hamon talaga yung,

kumbaga, pano mo

patatagin ang isang

organisasyon, pano kayo

mananatili sa mga

paninindigan, kasi hindi

naman alam ng ibang

miyembro yung ganung

sitwasyon eh. Atsaka

maipaliwanag din sa

kanila, halimbawa may

mga forum na naattendan

at hindi sila pinalad na

makapunta, kailangan mo

rin iparating sa kanila

kung ano ang nangyari.”

(p.51)


Canto, C. K. D. | 116

1. Lack of resources to continue and strengthen

environmental campaigns.

2. Limited media reach as media companies are

largely controlled by capitalists.

Lack of Resources as a

challenge in raising

campaign awareness and

executing activites

6. What are your

proposed solutions on

addressing irresponsible

mining in Sta. Cruz,

Zambales?

Subject Interviews On unifying the people

and the environment of

totally banning mining

operations:

“Kailangan po talaga ng

sama-samang

pagtutulungan, Madam,

upang mapanatiling

mapatigil na yang

pagmimina na yan.”

(p.49)

“Ipriority sana nila kung

ano yung dapat na gawin

ng isang minahan,

kumpanya ng minahan,

para sa ikabubuti ng tao.

Tsaka dun din, support

din sana sila sa mga

mamamayan hindi yung

nakaano lang sila sa

kumpanya.” (p.52)

On supporting Sec. Gina

in her anti-mining

campaign:

“Ang dapat nilang gawin.

Kagaya ng mga ginagawa

nilang pagrarally para

kalampagin nila yung mga

taong iresponsable sa mga

ginagawa nila. Parang

1. Unified aim of banning irresponsible mining

operations.

2. By supporting DENR Sec. Gina Lopez in her

campaign to eliminate irresponsible mining activities

in the country.

3. Stricter process of granting permits to mining

companies.

4. Planting trees and pushing for a rehabilitation

program.

5. Totally prohibiting all mining operations in the

province.


Canto, C. K. D. | 117

kumbaga ano, suporta nila

kay Gina Lopez at least

maantig ang damdamin ni

Gina na ganun ang

mangyari.” (p.45)

On the stricter processing

of mining permits:

“Oo nga sana yung

striktong pagbigay ng

permit. Ang mining

naman eh kailangan talaga

natin yan. Eh gusto lang

naman natin, responsible

mining. Dahil wala naman

tayong makukuhang

materyales, hilaw na

materyales kapag walang

mining. Kaso lang ang

gusto lang namin yung

responsible lang talaga,

yung di naninira kung ano

man. Yung kalagayan ng

mga mamamayan ang mas

nangunguna sa kanila.”

(p.6)

On tree-planting and

rehabilitation programs:

“Sa ngayon yung sa

DENR na sinasabi nila

bago sila makakapagmina

eh ginagawan ng paraan

na nagtatanim sila ng mga

punung-kahoy, na parang


Canto, C. K. D. | 118

mapapalitan naman daw

yung mga naitumba nila. .

. . Eh dapat yung talagang

mga matitibay na

malalaking puno kasi ang

tinanggal nila doon, dapat

yung ang ibabalik nila.”

(p.6)

On the total ban of mining

operations in Zambales:

“Hindi na magmimina.

Kung ititigal na. Opo.

Atsaka kung yung

binungkal-bungkal nilang

ano, yung hinukayan

nilang lupa is mataniman

uli ng mga puno.” (p.32)

7. How effective are

Local Environmental

Justice Movements in

campaigning the

locality’s anti-mining

sentiment?

Subject Interviews On successful LEJMs:

“Yung sama-sama naming

pagkilos, pagtalakay sa

mga dapat gawin.” (p.33)

On the continuous

expression of the anti-

mining sentiment across

the community:

“Sabagay epektibo yan

kasi siyempre yung mga

ano, kumbaga sa, yung

mga taong hindi

umiintindi jan para

malaman nila na meron at

meron parin na may mga

tao na sumusuporta sa

1. Succesfully carrying out collective action through

rallies and campaigning.

2. Continued anti-mining sentiment expressed by the

Sta. Cruz community.

3. Persistenly educating Sta. Cruz residents to

increase awareness in the locality.


Canto, C. K. D. | 119

illegal na pagmimina,

kumbaga sa ano hindi

nakakalimutan, hindi nila

nakakalimiutan na

suportahan ang maling

Gawain na ginagawa nila

sa pagmimina. Kumbaga

sa ano, ano ba, sa

pamamagitan ata ng

pagrarally yun ang

pinahihiwatig nila.” (p.46)

On maintaining awareness

among the locals

regarding the anti-mining

campaign:

“Sa tingin ko naman oo

siguro. . . . Sabagay kaso

ano, isa rin naman sa

naobserbahan ko, parang

mulat din naman yung

mga miyembro, andun

lang yung takot nila sa

gobyerno. Kasi, ang

unang-unang

dinedependahan nila din

yung kabuhayan nila.”

(p.51)

8. How do you perceive

the role of LEJMs and

CSOs in the struggle of

resistance against

irresponsible mining?

Expert Interview “Well crucial, very crucial

no. Of course, the pro-

mining groups will try

discredit the civil society

organizations, but truly

we have to be thankful to

these civil society

Crucial roles of CSOs in

awareness raising,

solidarity building, and in

strengthening the Ant-

mining campaign

Ms. Norie

- Local POs organizing LEJMS:

They’re the ones who directly

experience the impact

- It’s very important to work with

these groups from the ground

1. Initiates an immediate response/action taken to

protect their communities.

2. Ensures the community’s awareness on the anti-

mining sentiment

3. Functions as a uniting force in the community,

fostering solidarity among the people


Canto, C. K. D. | 120

4.Bolsters the community’s advocacy and struggle

against mining

organizations, people’s

organizations, not just the

high-heeled groups, but

the people on the ground

– the people’s

organizations, the mass

organizations – for

defending their

communities, including

the indigenous people. If

these indigenous peoples

were not organized,

matagal na siguro ang

kanilang ancestral

domains have been

ravaged and plundered by

this large-scale mining.

Pasalamat tayo at mayron

pang naiiwang mga

grupong ganon na ang

kanilang pananaw ay di

lang panadalian at di lang

to fattened the pockets of

mining executives. So

very crucial. In fact in

recent days no, the civil

society organization or the

NGOs or people’s

organizations are

criticized why are they

part of a mining audit,

they are not experts. I was

saying na this audit is not

only about technical audit.

It’s not only about an

- GTC (Green Thumb Coalition):

strives to amplify the

environmental advocacy of these

LEJMs

> GTC can do lobbying tasks, and

assist in widening media reach

> Consolidate and complement

each other


Canto, C. K. D. | 121

environmental audit, a

legal audit. It is also a

social audit. The impact

of mining to that

communities, especially

the communities, the

people. Because before

we think about the

minerals, we think about

paying funds, we think

about water, river, we

need to think about the

people who are the most

affected by the operations

of large-scale mining. So

we have to, in fact, to be

thankful. It’s a thankless

job for civil society

organizations, from

NGOs, like pastors,

priests, and

environmentalists to be

there. Hindi naman sila

binabayaran ng gobyerno.

Dapat na trabaho ng

gobyerno sila pa nga ang

gumagawa no. In fact we

have to put to task these

government agencies

because if they only did

their responsibilities and

duties we will not reach

this kind of, this level of


Canto, C. K. D. | 122

problem now.” (p.85,

Cong. Zarate)

“Well, ‘yung civil society

kasi sa ‘kin, may tatlong

major role usually ‘yan

eh. One is create and

preserve knowledge. So

‘yun, documentation,

research, ‘yung ilalagay

mo sa papel at bibigyan

mo ng konkretong… be it

written, or visual or boses

‘yan na nirecord mo,

about the history and the

decision. So creation and

preservation of

knowledge. So in

academic parlance,

research documentation

‘yan. One big role ‘yan.

Second is ‘yung

solidarity-building. Na

‘yung expertise ng civil

societies, is to make sure

na lahat ng hindi parte ng

estado, ng State . . . Third

na mahalaga sa ‘min

‘yung ano… Ayaw ko

namang tawaging

morality. Napaka-ethics

din… Pero to stand up for


Canto, C. K. D. | 123

what is true and good.”

(pp.93-94, Mr. Jaybee)

9. How do you view the

framework of the

Philippine Mining Act of

1995?

Expert Interview “Yung Mining Act kasi,

yung kanyang

oryentasyon, mas

kumikiling dun sa

kapakinabangan at pag-

eensure ng profit ng

welfare nung kompanya,

ng kahit anong minahan.

Yun yung kanyang

mismong oryentasyon. At

hindi siya nakabalangkas

na magbigay talaga ng

genuine development sa

bansa, higit lalo dun sa

mga lokal na community.”

p.82, Mr. Karl)

“…the framework in itself

is the cause of the

problem because this

framework is highly-

extractive, export-oriented

framework in the past

several decades did

actually help develop our

country. On the other

hand, it only aggravated

the problems of people

especially near mining

tenements, and as a

whole, our stunted

economy. So in fact, I do

Character of Philippine

mining industry under

PMA of 1995: Unjust,

Destructive, Highly-

extractive, Export-

oriented, Foreign-

dominated, Profit-driven

- Allows the 100% foreign

ownership

- In theory, the division of profit

shall be 60-40

> 60%: Filipino-owned company

> 40%: For foreign

- Permits the mining of 82,000

hectares of Philippine lands for a

period of 25 years, renewable for

another 25 years

- legalizes the exploitation of

natural resources

- Incentives for greater mining

investments:

a. 8-year Tax Holiday that does not

require mining firm to pay its taxes

for 8 years, up until it is able to

recover its capital

b. Auxiliary rights: e.g.

1) Water Rights – mining firm’s

right to own water sources within

the parameters granted by the

concession

2) Timber Rights – right to cut all

trees and logs within the mining

site, as granted by the logging

concession

3) Easement Rights - right to

occupy a land area despite the

existence of resident dwellers

4) Right to use Explosives

1. The mining law principally works under an unjust

framework that does not promote the development of

a nationalist domestic mining industry.

2. Primarily concerned on profit-making and on the

mining companies’ welfare.

3. Only had a little contribution to the country’s

development, while greatly devastating the state of

environment.

4. The framework is destructive, highly-extractive,

export-oriented, and foreign-driven.

5. Only aggravated the problems of people in mining

communities.


Canto, C. K. D. | 124

not agree that under this

framework that there is

“responsible” and

“irresponsible” mining

because under that

framework, really, all the

mining activities now in

our country are

irresponsible because it

did not take into

consideration the national

development, our national

industrialization, and even

in many instances, the

human rights of our

people and the future of

this country and the

generations yet to come.

What the current mining

framework is doing is just

to fatten the pockets of

those who own this

companies – both coming

from country and

international. So there is

really a big problem in

this kind of framework

that since it is almost a

century that here mining

in our country, since the

early part of the mining

industry, at least the large

scale mining industry, if

you look at it, even those

communities where they

- Investment Defense Force (IDF):

composed of individuals from the

military and police service who are

tasked to man and protect mining

sites, in the interest of the private

bodies

of mining companies

- 2% Excise Tax (and 5% Royalty)

requirement: only contributes little

to the Philippines’ development

- Philippine Mining Industry could

not be called as an “industry” in

itself since only the extraction

phase occurs in the cpuntry

- Irresponsible Mining: all mining

activities at present are

irresponsible because of their

inconsideration to national

development, national

infustrialization, the human rights

of the people, and the future of the

country

- There is only substantial

improvement in the lives of the

people


Canto, C. K. D. | 125

are present you cannot say

that there is really

substantial improvement

in life of our people.”

(pp.84, Cong. Zarate)

10. How do you view the

proposed People’s

Mining Bill?

Expert Interview ““Ayun, yung People's

Mining Bill, ah, yun,

binabago nya yung

framework ng pagmimina

sa atin. So makakatulong

sya dahil ire-reorient nga

nya yung mining industry,

tapos kabaliktaran nung

kasalukuyang balangkas

ng pagmimina. So

titiyakin nya na nasa

balangkas ito ng tunay na

kaunlaran sa atin. Nasa

balangkas sya ng Genuine

Agrarian Reform uhm

kung saan ang unang

pauunlarin natin ay yung

uhm basic at

pinakamayorya sa ating

populasyon, yung mga

magsasaka. Pati dun sa

pambansang

industriyalisasyon, na

kung saan magtatayo tayo

ng mga industriya na

tutugon dun sa mga

pangangailangan natin. So

yung People's Mining

Bill, uhm yun yung

Re-orients the Philippine

mining industry towards a

pro-people and

environment sensitive

approach, which may only

be attained through

National Industrialization

Ms. Norie

- part of the Technical Working

Group (TWG) of the House

Committee on Natural Resources

- at present, there are 4 alternative

mining bills being consolidated in

the Congress

- PMB being anchored on National

Industrialization, meaning, the new

framework on mining will cater the

needs of the country especially in

modernizing the agriculture base

- Alternative Minerals

Management Bill:

> alternative bill proposed by

Alyansa Tigil Mina and other

mining groups

> varies only a little from the

People’s Mining Bill

> aims to have a proper

management of Philippine mineral

resources

1. Reorients the mining industry by shifting away

from the current mining framework.

- totally departs from the current framework of

destructive, highly-extractive, export-oriented, and

foreign-driven

2. Ensures that the framework would attain national

development.

3. Pushes for national industrialization.

4. Supports the basic sectors of the Philippine

society.

5. Conscious of the protection of the local ecology

and the preservation of natural resources.

6. Assures that community consultation and people’s

participation will take place.

7. Promotes for a nationalist, pro-people, and

environment sensitive mining industry.

8. Promotes the utilization of the country’s natural

resources that is aimed to the development of the

country and local communities.


Canto, C. K. D. | 126

9. Affirms that there is a need to revisit, review, and

amend the present mining law.

10. Anchored on National Industrialization and

strengthens the agriculture base.

11. Respects human rights and the interest of

indigenous peoples.

tunguhin nyang dalawa.

At yun, bukod dun sa iba

pa niyang provisions na

titiyakin yung uhm

pagsasaalang-alang dun sa

local ecology, at saka

yung uhm pagpaplano

talaga nung uhm pwesto

pati yung pagkuha nung

resources na titiyakin na

uhm minimal yung impact

niya dun sa local ecology.

Kung hindi man, mas

malaki yung ganansya

natin kaysa dun sa

negative na maidudulot

nya. Tapos titiyakin din

yung pagpapasya nung

local na communities.

Halimbawa yung local na

participation na sila dapat

yung magtatakda kung

hahayaan nila yung uhm,

hahayaan nila yung

mining company na

pumasok. Kung hindi

man, kung strategic...kung

of national interest naman

siya, eh di titiyakin na

yung mga lokal na

pangangailangan at saka

yung lokal na mga

concern ay maa-address

nung uhm national


Canto, C. K. D. | 127

government.” (.p.78, Ms.

Meggie)

“Well, our proposed

Mining Bill will totally

depart from the current

framework of destructive,

extractive, highly-

extractive, highly-export-

oriented and foreign-

driven. So it’s a total

departure, our envisioned

law is a law that will be

pro-people, pro-

environment, and it is

anchored on national

industrialization, which

means the new framework

on mining will cater the

needs of the country

especially in modernizing

its agriculture base – to

modernize our agriculture

because 75% of our

population is dependent

on agriculture so it

beholds upon us to

develop this economic

base. Otherwise, we will

be eaten up, we will be at

the losing end so ito ang

dapat pagtuunan natin. It

has the human rights

component, other than

that it respects the interest


Canto, C. K. D. | 128

of the indigenous peoples.

So ayun, naka-anchor siya

sa national

industrialization. And

apart from that, before we

can embark on national

industrialization, there

must also be a foregoing

and genuine agrarian

reform program so that

this become, will become

successful.” (p.86, Cong.

Zarate)

“Ang tawag d’un ay, ang

official title n’ya,

Philippine Mineral

Resources Act. Blangko.

Depende kung anong taon

s’ya maipasa. So

tinatangka n’yang i-

address ‘yung mga

kakulangan nu’ng

Philippine Mining Act.

‘Yung campaign-wise,

dahil kampanya, ang

tawag naming d’yan,

Minerals Management

Bill. Kasi gusto nga

naming bahguhin ‘yung

debate. Na hindi tayo

nagmimina para

pagkakitaan ‘yung

mineral. Nagmimina tayo

dahil kailangan natin.


Canto, C. K. D. | 129

Kaya dapat, ang pananaw,

how do we manage the

minerals that we have. It’s

not that we extract it,

tapos ibenta sa ibang

bansa, but they have to be

sure and clear na

nagmimina tayo for our

own industrialization and

development. Obviously,

‘yung AMMB namin,

Alternative Minerals

Management Bill, it’s not

a popular bill.” (p.89,

Mr.Jaybee)

APPENDIX C:

INFORMED CONSTENT FORM

POLITICAL SCIENCE PROGRAM

DEPARTMENT OF SOCIAL SCIENCES

COLLEGE OF ARTS AND SCIENCES

UNIVERSITY OF THE PHILIPPINES, MANILA

Page 1 of 2 Canto, C. K. D. | 130

The Curious Case of Irresponsible Mining: Examining the Philippine Mining Industry and the role

played by Local Environmental Justice Movements (LEJMs) of Sta. Cruz, Zambales in addressing

Irresponsible Mining as a contemporary struggle in the Philippines

Layunin ng Pag-aaral

Ang Iresponsableng Pagmimina ay matagal nang tinututulan ng ilan sa mga mamamayan dito sa

Sta. Cruz dahil sa mga masamang epektong dulot nito sa kalikasan, kabuhayan, at higit sa lahat, sa tao.

Simula nang maaprubahan ang mga permit para sa pagmimina, tuluy-tuloy na ang pagdagsa ng mga

pribadong kumpanyang nagmimina sa mga lokal na komunidad na nagdulot ng matinding pagsalungat ng

ilan sa mga taga-Sta, Cruz. Dahil dito, naging mas aktibo ang komunidad sa pagsasagawa ng mga kilusan

kontra mina sa pamamagitan ng pagbuo at pagpapatibay ng mga lokal na organisasyon.

Kaugnay nito, nais ko pong pag-aralan ang mga uri ng “Lokal na Pangkalikasang Hustisyang

Kilusan” hinggil sa pagpapatigil ng iresponsableng pagmimina sa Sta. Cruz, Zambales. Bilang researcher,

nais ko pong malaman ang kahalagahan ng mga lokal na organisasyon na nagpupunyaging tutulan ang mga

operasyong pagmimina sa inyong komunidad, at sa kung papaanong paraan po ang mga ito nagiging

epektibo sa pagpresyur ng lokal at nasyonal na gobyerno para sa pagbibigay ng agarang aksyon. Mula dito,

mas mabibigyang kabuluhan ang pag-oorganisa at pagkilos sa lokal na antas, at gayundin naman at ang

papel na ginagampanan ng mga ito sa paglaban sa mga isyung pangkalikasan na kinakaharap ng komunidad

pati narin ng bansa.

Pagpili sa Kalahok

Kayo po ay aking iniimbitahan na maging parte sa aking pag-aaral dahil ang inyong mga karanasan bilang

residente ng Sta. Cruz, Zambales ay may malaking ambag para sa mas malalim pa na pag-unawa ukol sa

kahalagahan ng mga isinasagawang lokal na pangkalikasang hustisyang kilusan para sa paglutas ng mga

isyung pangkalikasan ng iresponsableng pagmimina ng bansa.

Boluntaryong Partisipasyon

Ang inyong partisipasyon sa pag-aaral na ito ay boluntaryo. Kayo ay may karapatang mamili kung nais

niyong lumahok o hindi. Maaari ninyong putulin ang inyong paglahok sa pag-aaral sa kahit kelang panahon

niyong nais.

Babala

Sa mga pagkakataong ang mga katanungan ay nagiging masyadong sensitibo or personal na, maaari niyong

pillin na huwag na lamang sagutin ang mga ito. Kayo po ay may kalayaang tumanggi sa pagbahagi ng

inyong mga karanasan, saloobin, o paniniwala sa kahit anong katanungan.

Mga Benepisyo

Sa paglahok sa pag-aaral na ito, kayo ay nakatutulong sa pag-unawa sa kung papaano gumaganap ang mga

lokal na organisasyon bilang taga-ugnay ng komunidad – sa mga panawagan nito – at sa lokal at nasyonal

na gobyerno. Nais natin mapalawig pa ang kaalaman ng mga tao ukol sa pangkalikasang isyu ng

iresponsableng pagmimina na ating tinatalakay, at nang mapuna ito ng mas nakakaraming tao. Bukod pa

dito, nais din natin na lalo pang maisulong ang adbokasiya na mawakasan na ang iresponsableng pagmimina

kaya naman tayo ay nangangampanya para mas marami pa ang makaintdi ng panig ng lokal na komunidad

ng Sta. Cruz.

INFORMED CONSENT FORM

APPENDIX C:

INFORMED CONSTENT FORM

POLITICAL SCIENCE PROGRAM

DEPARTMENT OF SOCIAL SCIENCES

COLLEGE OF ARTS AND SCIENCES

UNIVERSITY OF THE PHILIPPINES, MANILA

Page 2 of 2 Canto, C. K. D. | 131

Certificate of Consent

Ako ay naimbitahan upang maging bahagi ng pag-aaral, “The Curious Case of Irresponsible Mining:

Examining the role played by Local Environmental Justice Movements (LEJMs) of Sta. Cruz, Zambales in

addressing Irresponsible Mining as a contemporary struggle in Third World Environmentalism.” Nabasa

ko ang mga nilalaman nitong Informed Consent Form at boluntaryo akong sumasang-ayon na maging parte

ng pananaliksik.

Pangalan ng Kinakapanayam:

Lagda ng Kinakapanayam:

Petsa:

(Araw/Buwan/Taon)

Pahayag ng Researcher

Maayos kong binasa ang Informed Consent Form at sa abot ng aking makakaya at sinisiguro ko na

naiintindihan ng mga kalahok ng aking pananaliksik ang mga sumusunod na gawain:

1. Na siya ay magbabahagi ng kanyang karanasan at opinyon na may kinalaman sa pagmimina sa Sta. Cruz,

Zambales.

2. Na siya ay inaasahang magbahagi ng mga aktibidad na isinagawa ng mga lokal na organisasyon na may

kinalaman sa pagtutol sa mga opersayon ng iresponsableng pagmimina sa lokal na komunidad.

Aking pinapatunayan na ang kalahok ay nabigyan ng oportunidad na magtanong ukol sa gagawing pag-

aaral at lahat ng mga tanong niya ay nasagot nang mabuti. Pinapatunayan ko na ang kalahok ay hindi

napilitan dahil siya ay boluntaryong sumang-ayon na maging parte ng pananaliksik.

Pangalan ng Researcher: Cyra Katherine D. Canto

Lagda ng Researcher:

Petsa:

(Araw/Buwan/Taon)

Paano Kontakin ang Researcher

Kung kayo po ay may mga katanungan, maaari niyo akong sabihan sa kahit anong panahon. Maaari niyo

akong maabot/kontakin sa pamamagitan ng mga sumusunod:

Cyra Katherine D. Canto

0906 277 0087

[email protected]

the curious case of irresponsible mining: examining …

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