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

PCSD RESOLUTION NO. 01-189

A RESOLUTION REQUESTING THE PROVINCIAL GOVERNOR THROUGH THE PROVINCIAL MINING REGULATORY BOARD (PMRB) TO IMMEDIATELY REVOKE COMMERCIAL PERMIT NO. 167-1 GRANTED TO MS. JOSEPHINE T. MANGAHAS OF NARRA, PALAWAN FOR VIOLATION OF THE TERMS AND CONDITIONS THEREOF AND AUTHORIZING THE PNP PALAWAN POLICE PROVINCIAL OFFICE, REPRESENTED BY P/SUPT JACINTO C. DIÑO, TO IMPLEMENT THE SAME.

WHEREAS, on 26 November 1999, the PCSD approved the gravel and sand commercial permit application of Ms. Josephine T. Mangahas and an authorization, specifying the terms and conditions of the PCSD, was issued for DENR to proceed with the processing of the requisite Environmental Clearance Certificate (ECC);

WHEREAS, on 28 February 2000, the DENR issued the Environmental Clearance Certificate under certain terms and conditions as provided in Certificate No. ECC 4B-002-PA-303-2000 and on 6 June 2000 Commercial Permit No. 167-1 was subsequently issued by the Provincial Governor granting Ms. Mangahas the privilege to extract 1,000 cubic meters gravel and sand in one hectare area at Barangay Teresa, Narra, Palawan;

WHEREAS, in the 81st PCSD meeting on 15 December 2000, the PCSDS presented the results of the field investigation of the above-cited quarry site conducted on 26 November 2000 and the main findings were as follows: (1) gravel and sand extraction had exceeded one meter in depth resulting in the formation of lagoons and ponds in violation of Condition No. 1 of the PCSD Authorization; (2) the requisite 20-meter buffer zone on each side of the riverbanks were not provided also in violation of Condition No. 1 of the PCSD Authorization and Condition No. 9 of the ECC; (3) no rehabilitation measures were instituted in the excavated areas in violation of the Condition No. 7 of the said Authorization;

WHEREAS, upon instruction of the PCSD Ms. Mangahas was furnished with copy of the investigation report for her comments and on 20 March 2001, with notice duly served, a hearing at PCSDS was held to give her the opportunity to explain her side of the above-mentioned findings, however, only her lawyer appeared. An agreement with her lawyer was reached granting Ms. Mangahas 60 days within which to rehabilitate the quarry area and on 28 March 2001 Ms. Mangahas executed an affidavit of undertaking to rehabilitate the area within the aforementioned period;

WHEREAS, following the expiration of the 60-day period, on 22 June and 27 August 2001 the PCSDS conducted inspection of the quarry area. In both inspection dates the PCSDS noticed that no rehabilitation was undertaken, instead additional violations were committed against the terms and conditions of the PCSD Authorization, the ECC and the permit with the extraction beyond the boundaries of the concession area;

WHEREAS, upon instruction of the PCSD, Ms. Mangahas was summoned to appear before the PCSDS with the concerned agencies on 24 September 2001 for another opportunity to explain her side, however, she refused to receive the summons when the same was served during office hours in her office at Narra, Palawan;

WHEREAS, the requirements of administrative due process having been met with several opportunities to be heard having been given, the last of which was declined by the respondent, and in the interest of the general welfare, the PCSD has the power and the responsibility to recommend the immediate revocation of the privilege granted to the respondent;

WHEREFORE, on motion of Representative Abraham Kahlil B. Mitra, duly seconded by Vice Governor David A. Ponce de Leon, be it resolved, as it is hereby resolved, to recommend, as it is hereby recommended, to the Provincial Governor through the Provincial Mining Regulatory Board the immediate revocation of Commercial Permit No. 167-1 granted to Ms. Josephine T. Mangahas of Narra, Palawan for violation of the terms and conditions thereof;

RESOLVED FURTHER, that the PNP Palawan Police Provincial Office, represented herein by P/Supt Jacinto C Diño, be authorized, as it is hereby authorized, to implement the same;

RESOLVED FINALLY, that copies of this resolution be furnished the Provincial Governor, the Provincial Mining Regulatory Board, the PNP Palawan Police Provincial Office, the Department of Environment and Natural Resources, the Municipality of Narra and the Barangay Council of Barangay Teresa, Narra, Palawan for their information and appropriate action.

ADOPTED and APPROVED this 27th day of September 2001 in Quezon City.

I hereby certify to the correctness and accuracy of the above-quoted


ATTY. JOSELITO C. ALISUAG

Secretary
APPROVED:

HON. ALFREDO E. ABUEG ,JR.
Deputy Speaker, House of Representatives
Chairman,PCSD