LA TRINIDAD, Benguet- The National Commission on Indigenous People (NCIP) Cordillera has asked the Department of Environment and Natural Resources (DENR), through the Mines and Geosciences Bureau (MGB) Cordillera, to cancel the approved Mineral Production Sharing Agreement (MPSA) of Macawiwili Gold Mining and Development Company, Inc. for alleged violation of the Indigenous Peoples' Rights Act (IPRA).
In an interview with Philippine News Agency on Monday, NCIP-CAR Regional Director Atty. Roland Calde confirmed that his agency has written MGB-CAR on April 16, 2018, saying “request for the cancellation/revocation of the MPSA No. 278-2009-CAR issued to Macawiwili Gold Mining and Development Company, Inc.”
“The MPSA issued to (MACAWIWILI) by MGB-CAR is in violation of Sec. 59 of Republic Act (RA) 8371 or the IPRA law to the detriment of the Indigenous Cultural Communities (ICCs/Indigenous Peoples (IPs) of Itogon, Benguet,” Calde said.
“After judicious review of the documents on file (it) was discovered that no compliance certificate/certification was ever issued to Macawiwili for its mining exploration and related mining activities in (the) Itogon ancestral domain,” the letter said.
“While Certificate of Compliance with Control No. CCCCAR-07-02-71 was issued, it was solely and exclusively issued to Omico Corporation (OMICO), a separate and distinct entity from MACAWIWILI,” stated in the letter.
“Nowhere in the record show that consent of the ICCs/IPs was given for the transfer of Free, Prior and Informed Consent (FPIC) of Ampucao and OMICO,” it added.
In his letter to MGB-CAR regional director Faye Apil, Calde requested MGB-CAR to issue an order for Macawiwili to cease and desist from conducting mining exploration and related mining activities, and prohibit the said company from intruding into the ancestral domains of Itogon.
As this developed, Engineer Alfredo Genetiano, officer-in-charge of the Mine Management Division of MGB-CAR, who is in-charge of the processing of mining tenements, said on Monday that they would conduct a review and assess if NCIP-CAR’s claim has basis.
Genetiano added that any action on the part of MGB-CAR would only be “recommendatory,” explaining that it is in the level of the secretary of the DENR, who has the exclusive authority, to cancel or revoke any issued MPSAs. (PNA)
