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By LITO RULONA
Correspondent

NO company, group or individual is allowed to engage in mining in Misamis Oriental, Cagayan de Oro or anywhere in northern Mindanao, the head of the Mines and Geosciences Bureau in the region said on Monday.

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Speaking before the provincial board, MGB regional director Rex Monsanto said any mining operation in Region 10, whether small- or large-scale, is considered illegal.

He said the MGB has not issued any mining permit in the region.

Monsanto said the Department of Environment and Natural Resources central office issued only four permits for small-scale mining, and none of these covers any area in northern Mindanao.

The MGB official faced the provincial board in order to brief local legislators about the status of the mining industry  in Misamis Oriental.

Provincial board member Oliver Actub said there were mining operations within an ancestral domain in Opol town along the Iponan River.

“Those who applied and operate right along the Iponan River are members of the IPs (indigenous people’s group), and mao kini ang among problema diha sa hinterland barangays of Opol. Mi-angkon sila nga ancestral domain mao nga nag-operate sila,” Actub said.

Monsanto said the indigenes were invoking the Free Prior and Inform Consent (FPIC) which is given by the National Commission on Indigenous People en banc.

He said the FPIC is required by the mining boards of local governments before any issuance.

“Wala na kita’y katungdanan kay ila na kining internal procedures with the NCIP,” Monsanto said.

But Monsanto maintained that miners allegedly operating in the towns of Opol and Manticao are all illegal.

“Walay mga permit,” he said.

Vice Gov. Jose Mari Pelaez expressed his apprehension over the issuances of FPICs by the NCIP, saying it can be abused since the provincial mining board would lose control if minerals to be extracted are within an ancestral domain area.

“NCIP does not have the technical capability to regulate,” said Pelaez.

He said the matter should be brought to the attention of the DENR, and Congress should review the Indigenous People’s Right Act of 1997.

What happens now, according to Pelaez, is that local governments seem to lose jurisdiction whenever mining is done within an ancestral land.

But Monsanto said the MGB and local governments can assert. For instance, he said, the MGB and the Cagayan de Oro government have been jointly carrying out anti-illegal mining operations in hinterland villages, including areas along the Iponan River near Opol town.

“FPIC is not a permit. They have to secure first from the DENR before they can operate even if it is within an ancestral domain,” Mondanto said.

 

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