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Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
(R.A. 7611)
Puerto Princesa City, Palawan

PCSD RESOLUTION NO. 09-378

“RESOLUTION SUPPORTING THE TWENTY-FIVE (25) YEAR MORATORIUM IN THE ISSUANCE OF SANGGUNIANG PANLALAWIGAN INDORSEMENTS FOR NEW APPLICATIONS FOR SMALL-SCALE  MINING ACTIVITIES  IN THE  PROVINCE  OF
PALAWAN

WHEREAS, R.A. 761 1, otherwise known as the Strategic Environmental Plan (SEP^ for Palawan, took effect on 19 June 1992, section 6 of which provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation of plans, programs and projects affecting the environment and natural resources of Palawan

WHEREAS, Section 2 thereof declares the policy of the State to protect, develop and conserve its natural resources towards which, it shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same time pursue the socioeconomic development goals of the country; that it shall support and promote the sustainable development goals for the provinces through proper conservation, utilization and development of natural resources to provide optimum yields on a continuing basis;

WHEREAS, this same law provides that the SEP shall have, as its general philosophy, the sustainable development of Palawan, which is the improvement in the quality of life of its people in the present and future generations through the use of complementary activities of development and conservation that protect life-support ecosystems and rehabilitate exploited areas to allow upcoming generations to sustain development growth;

WHEREAS, Section 7 of the same provides that the SEP shall establish, as its main strategy, a graded system of protection and development control over the whole of Palawan, including its tribal lands, forests, mines, agricultural areas, settlement areas, small islands, mangroves, coral reefs, seagrass beds and the surrounding sea, known as the Environmentally Critical Areas Network (ECAN), and which shall ensure the following: forest conservation and protection; protection of watersheds; preservation of biological diversity; protection of tribal people and the preservation of their culture; maintenance of maximum sustainable yield; protection of the rare and endangered species and their habitat; provision of areas for environmental and ecological research, education and training; and provision of areas for tourist and recreation;

WHEREAS, Section 16 thereof provides that the governance, implementation and policy direction of the SEP shall be exercised by the Palawan Council for Sustainable Development (PCSD);

WHEREAS, to ensure the attainment of the ends of ECAN, the PCSD, on February 25, 2000, promulgated Administrative Order No. 06, otherwise known as the Revised Guidelines in the implementation of SEP Clearance System, as amended, through which all projects of the proponents are evaluated based on ECAN Zoning of Palawan, as above-mentioned, as well as based on their ecological sustainability, social acceptability and economic viability, which Administrative Order was amended in 2002 and further revised on February 29, 2008;

WHEREAS, pursuant to the “social acceptability” criterion in the issuance of SEP Clearance, Section 6 of said Administrative Order provides for “Public Consultation/Hearing” for projects or undertakings requiring an EIS in order to ascertain the acceptability of the project in the community and to ensure that the interests of all stakeholders are considered;

WHEREAS, the Sangguniang Panlalawigan of Palawan, through the enactment of Provincial Ordinance No. 682, Series of 2003, otherwise known as “The Provincial Mandatory Consultation Ordinance of Palawan”, requires a Provincial or Sangguniang Panlalawigan Endorsement on projects or undertakings affecting the environment of the province before the issuance of SEP Clearance, which ordinance has since been recognized, adopted and incorporated in the existing rules of the PCSD;

WHEREAS, on November 25,2008, the same August Body,through SP Resolution No. 7728-08, resolved to declare a twenty-five (25) year moratorium in the issuance of its indorsements for small-scale mining applications for mining activities in the Province of Palawan and declared its firm resolve to oppose at any time any large-scale mining application and to press for the nullification fo any existing mineral agreements for the cessation of their operations;

WHEREAS, the threatening number of mining applications pending before the DENR-MGB,Region IV-B,as aptly pointed out by the Sangguniang Panlalawigan of Palawan, and its imminent and clear danger to Palawan’s “fragile ecological balance” has also come to the attention of this Council;

WHEREAS, the negative environmental and social impacts associated with mining, which include “deforestation, increased risk of geologic hazards, loss of productivity of agricultural areas and adverse effects on fisheries, micro-climate change, loss of wildlife species, pollution from waste materials, and loss of aesthetic and tourism values of natural and wilderness areas, health problems and the displacement of local residents and indigenous peoples and division or conflicts among themselves” are totally inconsistent with the general objective of pursuing the Strategic Environmental Plan for Palawan;

WHEREAS, during the Forum on the Stakes of Mining in Palawan on December 6, 2007 held at Legend Hotel Convention Center, Puerto Princesa City, one of the issues raised in the course of identifying common grounds to further sustainable development in relation to mining is the possibility of cessation in the issuance of mining permits/clearances covering areas in Palawan;

WHEREFORE, after a thorough deliberation and upon motion duly seconded, BE IT RESOLVED, as it is hereby resolved, TO SUPPORT the Sangguniang Panlalawigan Resolution No. 7728-08, as this resolution is hereby passed supporting the implementation of a twenty-five (25) year moratorium in the indorsement of small-scale mining applications;

RESOLVED FURTHER, that the Council shall NOT ISSUE SEP Clearance to any proponent seeking to engage in small-scale mining operations and to strictly apply the existing rules and regulations against large-scale mining applications in respect to and in giving due course to the above-stated SP Resolution;

RESOLVED FURTHERMORE, to direct the PCSD Staff to work closely with the Provincial Government, DENR PMRB and other local and national offices in consolidating and strengthening the efforts “to put in place all the necessary rules and regulations and institutional enhancement measures” in dealing with the concerns relative to mining operations;

RESOLVED FINALLY, that copies of this resolution be furnished the Provincial Government of Palawan and other concerned agencies in the Province of Palawan for their information and guidance.

ADOPTED and APPROVED this 27th day of February 2009 at Puerto Princesa City, Palawan.        xxx                                               xxx                                                         xxx

I hereby certify that the above-quoted Resolution has been duly approved and adopted by the PCSD on 27th day of February 2009 at Puerto Princesa City.

 

ROMEO B. DORADO
Secretary

APPROVED:

HON.JOEL T. REYES
Chairman