Tampakan Copper-Gold project---Aquino's ZTE in the making?

DENR secretary Ramon Paje in his 9 January 2012 decision rejecting the ECC application of Sagitarrius Mines Incorporated (SMI) rationalized his decision by stating this in his letter to Mitch Cuna, the OIC chief of the Environmental Management Bureau (EMB):

“We are returning herewith the application documents with instruction to deny the same without prejudice to resubmit until the issues and concern on the use of open-pit mining method have been clarified and resolved by the company [SMI] with the Provincial Government of South Cotabato,” 

The ECC or Environmental Compliance Certificate based on the Philippine Mining Act of 1995 is described as:

"Environmental Compliance Certificate (ECC)" 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 system.

CLEARLY, Paje acted in excess of his powers and jurisdiction as the DENR chief for two (2) reasons: First, he rejected the ECC using the open pit mining ban issued by the Provincial government of South Cotabato as a reason. Paje probably did not know the law or was absent when the DENR law was being taught to him.


By using this as a reason, Paje exceeded his duties and powers as DENR chief. It is clear in the environmental laws of this country that the ECC is to be granted to an entity if an EIS (Environmental Impact Study) was submitted and all documentary and regulatory requirements are satisfied by the applicant company. 




A DENR circular memorandum issued by then DENR secretary Angelo Reyes dated July 2007 says in very clear language that :

No  permits,  and/or  clearances  issued  by  other  National Government  Agencies  and  Local  Government  Units  shall  be required in the processing of  ECC or CNC applications. (provision no. 1 in DENR MEMORANDUM CIRCULAR NO. 2007 - 08 SUBJECT  :  Simplifying  the  Requirement  for Environmental  Compliance  Certificate  or Certificate of Ron-Coverage  Applications)

Likewise based on the ECC approval process flow, only the EMB DIRECTOR can reject or approve the ECC of the applicant, based on of course, suggestions from other government agencies. You see, when an application is submitted to the EMB, the application is passed to other relevant agencies. 


Besides, the reason used by Paje in rejecting the ECC is also FAULTY and in direct contravention of the law because the Philippine Mining Act of 1995 does not require the people's approval in the issuance of the ECC:

Sec. 70 Environmental Impact Assessment (EIA). Except during the exploration period of a mineral agreement or financial or technical assistance agreement or an exploration permit, an environmental clearance certificate shall be required based on an environmental impact assessment and procedures under the Philippine Environmental Impact Assessment System including Sections 26 and 27 of the Local Government Code of 1991 which require national government agencies to maintain ecological balance, and prior consultation with the local government units, nongovernmental and people's organizations and other concerned sectors of the community: Provided, That a completed ecological profile of the proposed mining area shall also constitute part of the environmental impact assessment. People's organizations and non-governmental organizations shall be allowed and encourage to participate in ensuring that contractors/permittees shall observe all the requirements of environmental protection.

Clearly, this means that the participation of the DENR and the EMB in issuing an ECC is MINISTERIAL. If the study followed the Philippine Environmental Impact assessment and procedures and those of Section 26 and 27 of the Local Government Code of 1991 and prior consultation, then the government is free to issue an ECC.


Prior consultation provision in the law only says that the applicant shall involve people's organisations and NGO's and other concerned sectors of the community in "ensuring that the contractors/permittees shall observe all the requirements of environmental protection." If the applicant has substantially followed and satisfied the requirements of the law, it is the right of the applicant to be issued an ECC.


I have been part of the ZTE scandal, and I sense something terribly wrong with how government handled this thru the DENR secretary. Paje should explain this otherwise, there might be some confusion especially from the foreign investor community. This is ONE EXPLOSIVE ISSUE WHICH COULD HURT THE REPUTATION OF THIS ADMINISTRATION.

Global Warming and First Family Business

You know why we have typhoons in May? That's because of global warming, says PAG-ASA. And do you know why global warming is turning from bad to worse? That's because we don't have trees anymore. Our virgin forests are fast disappearing. And why is that? We have a reforestation program, yes? What's the problem?

Well, the problem is corruption. Yes, corruption. And it involves a presidential son, no less.

IMAGINE this, even seedlings are now being toyed by this presidential son. Mrs. Arroyo and her minions are raking billions of monies from illegal and legal activities. They are now cornering every single deal there is. Of course, the First Golfer dips his fat fingers into all operator-related activities there are right now but, for a presidential son to stir the broth further? That's proof enough that corruption is now a family affair, instead of a Mom and Pop operation.

A seedling that cost 2.50 pesos now fetches 55 pesos each. Wow. Talk about 1,000 percent rate hike, that sure tops the US$ 320 million his father allegedly would get from a telecomms deal gone sour.

Infrastructure projects, which this family of greedy misfits already cornered, are estimated to be worth US$ 42.7 billion. Wow, that is sure to top even the Marcoses for greediness. And the palace of greed already admitted that most of these projects are now being controlled by two presidential sons and their lackeys.

How many villas in Portugal do they expect to buy with US$ 42.7 billion? Do they also expect to buy retirement homes for their great-great-great-great-great-great grand children and their paramours?

The palace spokesman Cerge Remonde even justified this business by the Family by saying that it's okey if the presidential sons and their lackeys corner every infra project for as long as there's no corruption thru commission. Why, Mr. Remonde, are you deaf and blind? Anyway, I'm not entirely surprised since he's just a peti functionary and he needs to toe the line otherwise, he'll suffer a JLO.

So, if you're feeling hot or you suddenly ask yourself why the hell we have typhoons in May, go ask Mikey and Dado Arroyo. Mikey wants every seedling at 55 pesos while Dado wants every single corner of Camarines Sur paved.

For those who are praying at the WPD right now to protect Jun Lozada---don't. Prayers are for those who listen, not for those who already chose their eternal Fate to side with Beelshebub. What we have as government officials are demons in barongs. And demons deserve exorcisms not masses.

The Fight Continues! Onward!

By the way, thanks Arlyn dela Cruz for that comment in my previous posts. It's quite encouraging. And also, as a rejoinder, the "colonel" you referred to in your event, is, I believe, retired already?

Like Ding Gagelonia over at http://midfield.wordpress.com/, I'll post our photo here. Now, to allay fears that I am now with Senator Loren Legarda, let me say that I was just invited by Arlyn in this event, along with other journalists. Legarda is not a client, nor a close friend. She's being handled by noted PR man, Willy Fernandez. Enuf said.
(photo cap: Left-to-right: Standing, Senator Loren Legarda, Arlyn de la Cruz, Patricio Mangubat. Seated, Ding Gagelonia. Event: Manila Polo Club, April 28, 2009)

All politicians and CORRUPT GOVERNMENT OFFICIALS AND PRIVATE INDIVIDUALS, as what regular NPR readers already know, are all FAIR GAME. Even Mar Roxas whom I castigated in my previous posts and whom I consider as a friend, became a victim of my vicious pen.

My classmate, Mike Defensor, also received a fair share of comments, especially on the ZTE and his role in the Chinese mining firm. Another classmate, Miro Quimbo of Pag-Ibig once received a fair share of praise and derision in this site.

For those who want to invite me in their affairs, they can just send their invites thru my email address at mangubat.patricio@gmail.com. No fancy whatever, no gifts please. If you want me to write about your side, then, this site is open. I believe in the Right to Reply although this does not mean that Congress should make this unwritten ethical thing a law. Send your statements thru mangubat.patricio@gmail.com.

I don't attend blogger nights or press conferences. I seldom meet other bloggers, except when invited by Noemi, Ding, Janet, DJB, Manolo, Juned and even Jester. I share an affinity with Noemi because I feel in my heart that she's a very nice person. And of course, we have a bull frog friend (BFF), whose bite is weak and unconvincing because of hunger (hungry for attention and hungry for food). Janet is also a highly respected figure in the netsphere. Janet was the only one who convinced me to attend a blogger event. After that, I was'nt able to go to her events due to commitments. Ding, you all know, is a good friend. DJB, I consider an intellectual and Manolo, of course. I met Manolo and AWBHOLDINGS last night. Jester, well, I go to his meetings (if he calls for it) because I want to pry his mind, hehehe! Same with Marck Rimorin.

If there's a chance, I want to meet RJ Marmol, Leslie Bocobo, Manuel Buencamino, Mel Alarilla and other bloggers who want to see a New Philippines emerge from the rut. I now have close to 900(?) friends over at Facebook and most, if not all, are friends from way back who know Revo, my petname when I was a student.

And for those who want to destroy PM, just check if I have political personalities as clients. I have NONE. They can all write ad hominem attacks. But, they'll never desist me from writing the truth. No. Kiss my lovely pen.

(Everyday, the NPR continues to receive emails of support from thousands of New Patriots in every corner of the country and in the world. NPR continues to improve its Technorati rankings and hits (more than 2,500 everyday). Google has also placed a 4/10 ranking for NPR)

Only God has the power to shut me up. Death will not deter Patricio Mangubat from his advocacy. Even if I die, other Patricio Mangubats will rise to continue the New Philippine Revolution.

By the way, I'll be re-setting my timer here. Mrs. Arroyo's days are beginning to shorten. Later, I'll do that. I just need to go to the camps, hehehe! (Joke!) :-)