Published
April 20, 2017, 10:01 PM By Madelaine B. Miraflor
The Department of
Environment and Natural Resources (DENR) now prefers to undergo regular legal
process to look at mining operations, especially those that it ordered closed
and suspended, than conduct another review that will be led by the Mining
Industry Coordinating Council (MICC).
To recall, the MICC,
co-chaired by Environment Secretary Regina Paz Lopez and Finance Secretary
Carlos Dominguez III, is now set to conduct a technical review on all mining
operations in the country to address the concerns regarding DENR’s decision to
shut down and suspend a total of 28 mine sites.
Lopez earlier told
Manila Bulletin that he wrote to President Rodrigo Duterte questioning the the
decision of DOF to request a budget of R50 million from the Department of
Budget and Management (DBM) for the conduct of the review.
“An MICC-led review is
okay with the DENR but if the procurement process is under DOF because they
have the funds, then we don’t trust that process,” Environment Undersecretary
for legal affairs Maria Paz Luna told reporters on Wednesday.
“We prefer regular
legal process instead — they (mining companies) can file for motion for
reconsideration then we reply — so we can discuss actual violations. Because
what’s happening is just like media trial. We haven’t really discussed actual
violations yet,” she added.
Luna explained that
since MICC can’t handle funds, the requested budget of R50 million will be
handled by DOF and it will give the latter the capacity to be in charge of the
procurement process.
“We’re trying to say
that we (DENR) should be the one to request a budget for MICC. MICC is mandated
under the DAO (DENR Administrative Order) of DENR, not DOF. DOF might find it
hard to explain to COA (Commission on Audit) why they will hire consultants
under them,” Luna further said.
Luna said the
“assumption” right now is that the DOF doesn’t want to start the review until
the budget is approved, while the DENR already wants to start it as soon as
possible.
For her part, Lopez
said Duterte has not yet responded to her letter questioning the budget
proposal of the DOF.
Lopez is also
questioning the involvement of Finance Undersecretary Bayani Agabin, a former
mining lawyer, in the MICC-led review.
“I want to start the
process now. I’m a little worried that the representative of DOF who is
co-charing the process in the absence of Secretary (Finance Secretary Carlos
Dominguez III) is involved with a mining company. (That’s) Finance
Undersecretary Agabin. He is involved with Rapu-Rapu. So you begin to wonder…
where is his heart? Is it for mining or social justice?,” Lopez said in an
interview with reporters on the sidelines of the Forum on Biodiversity and
Mining.
“I’m worried that the
MICC co-chair has appointed someone who is a mining lawyer. I’m not judging
him. I have met very good mining lawyers who I feel are really good. I don’t
want to polarize the Philippine society,” she added.
Agabin, who also heads
the Legal Affairs Group and Revenue Integrity Protection Service (RIPS) of the
DOF, previously served as the Senior Vice President for Legal Affairs for
Rapu-Rapu Mine in Albay.
“She is free to appeal
like any other parties, personalities who are opposing her confirmation with
the Commission on Appointments (CA). However, I want to point out that my
engagement with Pasar ended more than 15 years ago and Rapu-Rapu 10 years ago,”
Agabin said in a text message when sought for comment.
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