BLACK SAND MINING IN GONZAGA, CAGAYAN PROVINCE By Esperlita Garcia, Retired University Mentor and Former Municipal Councilor President, Gonzaga Alliance for Environmental Protection and Preservation (GAEPP) Auditor and Spokesperson, Federation of Anti-Mining Advocates of Cagayan Province(FAMAC) (0927) 704-4739 E-mail-perlinggarcia60@yahoo.com Home Address- Calayan, Gonzaga, Cagayan 3513 There are two black sand mining operators located in Barangays Calayan and Batangan in the Municipality of Gonzaga, Province of Cagayan.

(1) Lian Xing Phils. Stone Carving Co., and (2) Huaxia Mining and Trading Corporation;

Figure 1. Location of two (2) Black Sand Mining Operations in Gonzaga, Cagayan

2006 Start of operations of Lian Xing Phils. Stone Carving Co., Corp.

The black sand mining operation is in Barangays Calayan and Batangan and a half meter to 100 meters from the Barangay Hall, Church buildings, and residential units.

Jan. 2011 Start of operations of Huaxia Mining and Trading Corporation, with black sand

mining site in Calayan, Gonzaga, Cagayan and strongly opposed since there was no public consultation undertaken and there is existing Lianxing mining operation.

Feb. 2011 I emailed a letter to His Excellency President Benigno C. Aquino III at <op@president.gov.ph>, previously, comments were posted on the President’s FB page requesting for stoppage of the two black sand mining operations. Letters were also emailed to the Hon. DENR Sec. Ramon Paje and the Hon. DILGSec.JesseRobredo. .

March 12, 2011 Anti-Mining Rally was done to protest the mining operation of Huaxia Mining and Trading Company for there was no prior public consultation and the mining site is within residential and coastal communities and to call for the stoppage of Lianxing Phil. Stone Carving mining operation considering that the mining location is within the 200meters from the mean low tide level along the beach and within the 100 meters from public and private works and structures which are prohibited areas for extraction under the IRR of RA 7942. Around 3,000 rallyists attended although no permit was granted by the Mayor. March 19; 2011 Same Anti –Mining Rally was conducted with around 2,000 rallyists, but as In the March 12 rally, no permit was issued again to the protesters. April 5, 2011 Inspection by 4 DENR USEC for Field Operations Officials/ specialists, Diliman,

Quezon City on black sand mining operations in Gonzaga in response to emailed reports by me,Esperlita Garcia, a resident of Barangay Calayan, Gonzaga, Cagayan.

April 29, Issuance of Memorandum to MGB and EMB Bureau Directors by DENR USEC

for Field Operations Secretary Atty. Ernesto D. Adobo, Jr. (Attached as Annex A) April 30, 2011 Aborted Anti-Mining Rally with starting venue at Saint Anthony’s Academy of

Gonzaga(SAAG), a walking distance to the Municipal Hall for there were around 50 PNP FULLY ARMED AND UNIFORMED OFFICERS near the entrance gate of SAAG, BFP Firetrucks, and some Military vehicles, and Mayor Carlito F. Pentecostes, Jr. and his bodyguards, hindering the entry of rallyists.

May 2011 Lian Xing Phils. Stone Carving Co., Corp. installation of pipe directed to the sea

which is believed as an outlet of liquid waste or tailings. Figure 2. Photos of Black Sand Mining Taken in Gonzaga, Cagayan on May 3, 2011

May 25, 2011 I emailed a follow up letter to His Excellency President Benigno C. Aquino III at

<op@president.gov.ph>, previously, comments were posted on the President’s FB page requesting for stoppage of the two black sand mining operations and tagging the President on mining pictures to have these posted in his FB wall with accompanying appeal for the stoppage of mining within residential and coastal communities.

Figure 3. Photos Taken October 2011 of Black Sand Mining in Gonzaga, Cagayan

September 2011 Sent soft and/or hard copies of a resolution by Gonzaga Alliance for

Environmental Protection and Preservation Office (GAEPP) earnestly requesting the Hon. DENR Sec. Ramon Paje and the Hon. DENR USEC for Field Operations, Atty. Ernesto D. Adobo,Jr. for the immediate, full and strict implementation of the DENR USEC Memorandum of 29 April 2011, signed by Hon. Adobo, with copies furnished to: His Excellency President of the Philippines, The Honorable Senate President, The Honorable Chairman of the Senate Committee on Environment, The Honorable Chairman of the House Committee on Environment, The Honorable Congressman of the First District of Cagayan, The Honorable DILG Secretary, The Honorable Provincial Governor

and Vice Governor of Cagayan, The DENR Region II Director, The Very Reverend Archbishop of Tuguegarao City, The Reverend Parish Priest of St Rock of Gonzaga, The Honorable Mayor and Vice Mayor of Gonzaga, Cagayan, I-SAGIP, OUR VOICES.

Oct. 7, 2001 A pastoral letter is issued byHis Excellency Archbishop Sergio L. Utleg, DD of the

Archdiocese of Tuguegarao not to allow or permit mining in Cagayan (Attached as Annex B)

Nov. 20, 2011 An Anti-Mining Provincial Prayer Rally in time for the Feast of Christ The King

was held in Tuguegarao City on November 20, 2011 at 1:00pm. Figure 4. Photo of Black Sand Mining In Gonzaga, Cagayan Taken November 20, 2011

Until today, the black sand mining operations are ongoing 24/7 causing fear, tension, sleeplessness, sinking of some areas near the mining sites, and super inconveniences for only the mining dumptrucks and other heavy vehicles can pass on our uncemented muddy roads that even our highway is so muddy and worst, our beaches can hardly be reached by our local and foreign tourists ,so the mining operations hinder tourism development, which is an excellent alternative to the illegal mining in our glittering beaches. There are other mining operations in the Municipality of Gonzaga being conducted by the Yinyi Mining Company and Well Resource Mining Company in Barangays Amunitan with location just At the back of Amunitan Elementary School, Sta Cruz just adjacent to the Municipal Cemetery, Baua with location just at the back of Baua National High School, and San Jose just at the back Of San Jose Elementary School wherein a grade school kid was over run by a magnetite Dumptruck which caused his instant death.

Figure5. Photos of Black Sand Mining In Gonzaga, Cagayan Taken November 20, 2011

Figure 5. Photos of Black Sand Mining in Gonzaga, Cagayan Taken November 20, 2011

Figure 6. Photos of Prayer Rally against Mining in Cagayan

Figure 7. Photos of Prayer Rally against Mining in Cagayan

Figure 8. Photos of Prayer Rally against Mining in Cagayan

ANNEX A

ANNEX B

BLACK SAND MINING IN BUGUEY Art T. Alariao Spokesperson Alliance of Buguey for Community Development Advocacy (ALBUCODA) & THE CONCERNED PEOPLE OF BUGUEY Contact No. (0935) 899- 2131 There are two (2) identified black sand mining operators in Buguey: (1) Lutra; and (2) San You Philippines, Inc. Jan. 23, 2009 The Provincial Governor of Cagayn, upon recommendation by the Provincial

Mining and Regulatory Board of Cagayan issued a small scale mining permit to extract and remove magnetite sand in barangay Minanga Este, Municipality of Buguey to Mr. Renato Alariao.

In 2009 The people of Buguey and its Mayor and Municipal Council protested the black

sand mining operations on grounds of environmental degradation. Feb. 24, 2009 Regional Task Force from MGB Region II recommended permittee shall continue

extraction along the mouth of Buguey Lagoon pending issuance of a clearance from the DENR Secretary pursuant to PD 265 and DAO 96-40. The Tasks force went to Buguey and an inter-agency validation team looked at the mining activities there, if any.

Feb.25, 2009 DENR OIC Regional Director of MGB Region II issues a memorandum to the

DENR Secretary seeing for clearance for the continued operation of magnetite and small scale mining permittee on the following grounds:

(a) the necessity of removing the sand bar to avoid flooding of the Buguey

Lagoon and erosion in nearby area; (b) mode of mining is non-destructive since magnetite sticks are used to recovr

the black sand magnetite; (c) the project is covered by an ECC issued by the EMB Regional office; (d) the project was endorsed by the concerned residents of Minanga Este; (e) the project provides employment and livelihood opportunities to about 200-

300 barangay residents. Mar. 12, 2009 The DENR Secretary Jose L. Atienza issues memorandum to all MGB Regional

Directors of the existing policies on the prohibition of sand and gravel extraction from beaches and that offshore areas within the 500 meters from the mean low tide level and onshore areas within 200 meters from the mean low tide level along the shore are closed to mining applications pursuant to DAO 96-40, as amended, and pursuant to the foregoing a Cease and Desist Order is issued to any mining permittee, operator, or other person conducting magnetite sand extraction along the beach and/or sand in Buguey, Cagayan, and the Region II is directed to implement strictly this Order and submit report of compliance within fifteen (15) days.

Attached as ANNEX A.

Apr, 22, 2009 DENR Secretary Horacio Ramos issues a Cease and Desist Order pursuant to his Memorandum of March 12, 2009 regarding the existing policies under Batas Pambansa Bilang (PD, in another memorandum) 265. The order prohibits issuance of permits for sand and gravel extraction from beaches and offshore areas within the 500 meters from the mean low tide and onshore areas within 200 meters from the mean low tide level along the coast are closed to mining application pursuant to the provisions of DAO 96-40, as amended.

Attached as ANNEX B Dec. 2009 MGB Director Mario Ancheta provides the following in a report:

(a) The team reported that it went to Pattao, Buguey, Cagayan, and had a short meeting with Mayor Ignacio Taruc and the members of the Alliance of Buguey for Community Development Advocacy (Albucoda). A video footage of the Korean vessel supposedly sucking black sand from the shoreline of Minanga Weste and Villa Leonora was shown.

(b) The team also interviewed a fisherman, Jerry S. Cuaresma, who said that his

group, together with other fishermen, witnessed the presence of a vessel in the Minanga area on the morning of Oct. 13, 2009. They said they approached the vessel out of curiosity and were able to count seven crew members. He also narrated that the vessel, with Chinese characters and the number 0037 painted on its side, continuously disposed of water through a tube in its side.

(c) A resident, Elizabeth Villalon, said that she saw a vessel sucking sand on

Oct. 11, 12, and 13, 2009, starting at about 10 a.m., for about three to five hours each day within the prohibited zone.

(d) Another resident, Ronnie Arellano also saw the same vessel on Oct. 13, and

said it appeared to be loaded and heavy about noontime.

(e) While the team was at Minanga Weste, where the video of the vessel was taken, residents began to approach the group. Taking advantage of their presence, the team interviewed some of them. They claimed that they saw a vessel off the shores of Minanga Weste on Oct. 13, 2009, from 10 a.m. to 1 p.m.

(f) Together with Albucoda members, the team was then transported by boat to

Minanga Weste, the site covered by the SSMP. The group saw decaying and torn sandbags scattered in the area, but there was no mining activity.

(g) The group then went to the Bureau of Customs in Aparri, Cagayan. Customs

records showed that mv/Min Fu Jian Hou No. 0037, with Chinese crewmen, arrived at the port of Aparri on Sept. 23, 2009.

(h) The Bureau of Customs showed the team a copy of the shifting permit that

the PPA-Aparri issued on Sept. 24, 2009, as requested by John Perez, the vessel agent. The purpose of the shifting of the vessel from Aparri to Buguey was to test river sand of Buguey, Cagayan.

(i) The customs inspector, Oliver Lazo, said he boarded the vessel when it

proceeded to Minanga, Buguey, on Oct. 11 and 12, 2009. He confirmed to the team that the vessel indeed extracted sand for sampling.

(j) During its visit, the team saw that the vessel was still docked at the western bank of the Cagayan River.

(k) Findings and observations were as follows:

(i) It was confirmed that the vessel MV/ Min Fu Jian Hou No. 0037 with Chinese crew that docked at the port of Aparri on Sept. 23, 2009 is the same vessel referred to by the Albucoda as having been seen offshore of Buguey on Oct. 11, 12 and 13, 2009.

(ii) The vessel extracted sand for sampling purposes in Minanga

Weste, Buguey, as supported by the shifting permit and by BoC inspector Oliver Lazo.

(iii) At the time of the team’s visit of Oct. 28, 2009, there was no

ongoing mining operation in Minanga Weste where a Small-Scale Mining Permit was earlier approved.

Meanwhile back sand mining continued. Figure 1. Black Sand Mining in Buguey, Photos taken August 10, 2011 San You Philippines, Inc, Barangay Minanga Weste, Buguey

Figure 2. Black Sand Mining in Buguey, Photos taken September 3, 2011

Oct. 7, 2011 MGB personnel go to Buguey for investigation. Oct. 11, 2011 OIC Regional Director Mario A. Ancheta issues Stoppage Order pursuant to

investigation of MGB personnel, pursuance to October 7, 2011 investigation of MGB Team and surprise inspection of the beaches of Buguey by Director Ancheta on October 8, 2011 in response to a call he received about the continuous magnetite extraction and installation/operation of Mineral Processing Plan along the beaches of (Villa Leonora) Buguey withour a permit by an entity identified as LUTRA, and the Task Force is directed to strictly implement the order and submit report of compliance within fifteen (15) days from receipt thereof.

Attached as ANNEX C.

On the same day, Director Mario A. Ancheta issued a Cease and Desist Order to

operator positively identified as SAN YOU Philippines, Inc. pursuant to the CDO issued by Sec. Atienza, and, that the CDO is not yet lifted and hence in effect.

The CDO to SAN YOU likewise cites that the revised rules and regulations of RA

7942 (Philippine Mining Act of 1995) provides that no person shall engage in the processing of minerals without a Mineral Processing Permit.

SAN YOU and any other mining permittees, operators or persons conducting

magnetite sand extraction along the beach and/or sand bar in Buguey, CAgayan are ordered to strictly comply with the CDO issued April 22, 2009 and further ordered from refraining from installing/operating any Mineral Processing Plant in the subject area. The Regional Task Force is likewise directly to implement the order strictly and to submit report of compliance within 15 days.

Copy furnish to: Hom. Licerio M. Antiporda III, Municipal Mayor, Buguey, Cagayan and the Chief of Police of Buguey, Cagayan.

Attach as ANNEX D. Oct. 14, 2011 Receipt of the CDO issued by Director Ancheta by LGU and PNP. Still black sand mining continues in Buguey.

Figure 3. Photo of Black Sand Mining in Buguey, Photo taken November 19, 2011

Figure 4. Black Sand Mining in Buguey, Photo Taken November 19, 2011

Figure 5. Black Sand Mining in Buguey, Photos Taken November 19, 2011

Figure 6. Black Sand Mining in Buguey, Photos Taken November 19, 2011

ANNEX A

ANNEX B

ANNEX C

ANNEX D