‘Rapu Rapu fact-finding committee went beyond mandate’

A member of a presidential fact-finding board that investigated the operations of an Australian mining firm on Rapu Rapu island off Albay claimed the probe body went beyond its mandate when it recommended a total ban on mining and review of the country’s mining laws.

Gregorio Tabuena, former member of the Rapu Rapu Fact-Finding Commission (RRFFC), pointed out the probe body headed by Sorsogon Bishop Arturo Bastes, delved into certain issues that were not covered by Administrative Order 145 which created the commission.

Meanwhile, some 5,000 residents held a rally in Legazpi City expressing their support for the resumption of Lafayette mining operations.

Lafayette spokesman Julito Sarmiento said the show of support of residents indicated they wanted the mining operations to go on since it had provided them with livelihood opportunities in the region.

"What we see and hear is the voice supporting the responsible mining in Bicol," Sarmiento said.

Sarmiento expressed optimism that the DENR would finally lift its suspension order on the mining firm next week.

Tabuena claimed the RRFFC went on to discuss policies concerning the creation of the Philippine Export Zone Authority (PEZA), tax issues, the process of issuance of Environmental Clearance Certificate (ECC) by the Department of Environment and Natural Resources (DENR), on top of proposing a comprehensive review of the Mining Act of 1995.

"The matter of reviewing the Mining Act of 1995 rests with Congress," Tabuena pointed out.

"I believe that there are enough provisions to safeguard the community and environment such that responsible mining can be done in the Philippines. If at all, the Implementing Rules and Regulations (of the Mining Act) may need to be refined," Tabuena said.

Tabuena claimed he had forwarded his 15-page dissenting report to President Arroyo, separate from the 169-page findings and recommendations of the RRFFC on the mining operations of Lafayette Phils. on Rapu Rapu.

The RRFFC report accused Lafayette of contaminating the environment in Rapu Rapu island and the coastal waters off Albay and Sorsogon.

The RRFFC report urged the government to cancel Lafayette’s ECC permit and close down its operations.

President Arroyo earlier this year formed the RRFFC headed by Bastes to look into allegations that Lafayette was violating the terms of its mining permit.

However, Tabuena, a forester with intensive mining experience and environmental protection projects, said the method employed by the RRFFC commissioners in the investigation was often "prosecutorial."

He said the fact-finding body disregarded his suggestion to hire experts in the conduct of the investigation.

"The function of a fact-finding body is to determine facts based on accurate, reliable scientific data, in an objective and impartial manner," Tabuena said.

He claimed the RRFFC conducted its hearings and deliberations short of the required standard.

Tabuena revealed the deliberations were flawed since the discussions were dominated by two to three members of the commission whom he did not identify.

Tabuena reported to President Arroyo that the RRFFC insisted on blaming Lafayette for the fishkill incidents without strong scientific evidence.

"In the first place, there has been no actual direct testimony of a fishkill which occurred in Sorsogon. I do not recall any testimony from any witness stating that he personally saw dead fish floating in the seas of Sorsogon. Absent any direct testimony, I am afraid that I cannot conclude that there was indeed a fishkill in Sorsogon," he said.

Tabuena pointed out the RRFFC disregarded the scientific studies by the University of the Philippines and Bureau of Fisheries stating no evidence directly linking Lafayette to the alleged fishkill reports.

"There is no evidence to show who or what is responsible for the said fish scare," he said.

"To make such a sweeping conclusion, without any scientific evidence, would make this fact-finding commission nothing more than an alarmist doomsayer," he added.

Tabuena said he is opposed to RRFFC’s recommendation to close down Lafayette since there is no scientific finding to conclude the Australian mining firm was responsible for polluting the environment.

Tabuena, however, clarified his dissenting opinion does not clear Lafayette of the mining accidents last year.

"I wish to stress that, for lack of any scientific data or clear factual basis, I am not prepared to condemn Lafayette or the project. In the same manner, I am also not prepared to completely exonerate it for the incidents which occurred on October 11 and 31, 2005," he said.

Mining industry officials had claimed the conclusions of the RRFFC report were "preordained" since Bastes and many of the members of the commission are known anti-mining lobbyists and members of militant groups.

Bastes himself was slammed for bias after he reportedly misled residents of Rapu Rapu in saying the Catholic Bishops Conference of the Philippines (CBCP) had issued a statement opposing all forms of mining.

The CBCP had clarified it was not against mining per se but only seeking responsible implementation of the mining law. — With Cet Dematera