Oh no, not again

LONDON — Here I am in the city that had given my family and I refuge in difficult years of political turmoil in the Philippines. I am staying with my daughter, Marta in a district that we had once lived in as exiles — SW15 — a green and leafy suburb.

In the coming days I will be meeting with old friends to catch up with them and inevitably count how many of us are still around.  So far I have been invited to a baptism and a funeral that reminds me of the circle of life.

It will be also a time for remembering what my late husband and I did here to politicize Filipino migrant worker while in exile. Please, mam, they say write a book about COFOO (Confederation of Filipino Overseas Organizations) and the Pagkakaisa ng Samahang Pilipino did here.

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These days it does not matter how far one is from home. There is always the internet, email and facebook to keep in touch.

A friend emailed to me about the latest assault on RA No. 7942 or what is better known as The Mining Act,

This is getting to be insane. How else can one describe the recent move to question yet again the constitutionality of RA No. 7942 Act before the Supreme Court.  It defies rational thinking.  The Mining Act was made a law by Congress in 1995 and all challenges to its constitutionality resolved by previous decisions of the Supreme Court.

Those who have been pushing to put down mining (or any other large scale foreign direct investments in the Philippines it seems) have the effrontery to claim they do so in the name of the poor and would do anything to stop it on “behalf of the poor.”

They ignore completely that Filipinos are leaving the Philippines in droves in search for jobs and more decent lives in countries where responsible mining thrives. And I mean all, without exception, are progressive and wealthy countries — US, UK, Australia and Canada among others.

The newest caper of these defenders of the poor do not give a damn if they have to break down institutions for law and order in pursuit of vested interests.  To this column, they insult the Supreme Court when they push it to go against its own decisions.

Republic Act No 7942 or the Mining Act has taken many years to put together through endless debates and different administrations. The main objection is a provision in the 1987 Constitution that would allow 100 percent foreign owned corporations to participate in developing resources through a financial end/or technical agreement.

 The controversy is about the provision that would allow the President to enter into agreements with “foreign-owned corporations for technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils.”

These agreements would in turn be governed by rules and regulations provided by law. The overriding consideration would be that it contributes to the economic growth and general welfare of the country.

There was great cheering in 1995 when the Mining Act was passed in Congress. In subsequent decisions the Supreme Court overruled objections that such a provision goes against the nationalist thrust of the 1987 Constitution.  (Nationalists mean the local oligarchy!)

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The passage of the Mining Act in Congress was a signal that we would finally be able to develop our mineral resources described as abundant by many experts.

The policy was clearly stated by Congress.

“All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State. It shall be the responsibility of the State to promote their rational exploration, development, utilization and conservation through the combined efforts of government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of affected communities. “

There was great interest and excitement in the mining world among those who knew the potential of Philippine mineral resources.  The most important of them was the Sagittarius Mines Inc. It would develop what is one of the largest copper and gold mines in the world. Despite bureaucratic difficulties it has continued its work to advance social and economic benefits to the tribes who live around the area.

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That interest is threatened with a petition before the Supreme Court,  challenging yet again the constitutionality of the Mining Act before the Supreme Court that had already ruled on that in 2004. The petitioners are challenging the Act for allegedly allowing inequitable sharing of wealth, contrary to Article XII of the Constitution. It clearly shows that any reason will be found, using the Supreme Court to protect vested interests.

This is a question for the Executive and Legislative branches of government to decide and this was being worked out when the petition was made with the Supreme Court in contravention of the separation of powers.

The Chamber of Mines of the Philippines in a statement said they supported an equitable fiscal regime. Negotiations have been ongoing with the Executive and Legislative branches for this. A proposal will be submitted to the Legislative body of government by the opening of the 16th Congress in July 2013.

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It is good news to overseas Filipinos in Europe  that Philippine Air Lines will resume its operations in Paris and London.

This column had written previously that the European Union would be expected to lift its ban on the Philippine national carrier. In a bold move, PAL CEO Ramon Ang in a multibillion deal purchased some 54 Airbus jets to fulfill his promise to invigorate the airline.  It was only a question of time before the EU lifted the ban. The first batch of about a dozen wide-body A330-300s and A321s was delivered in January while the rest of the aircraft would be put in service in the next three years.

With the acquisition, the largest single aircraft order ever made by a Philippine carrier PAL would need to expand its routes.

“Seven times a week flights to London, seven times a week flights to Paris and other destinations,” Ang said in his announcement.

Ang, who is also CEO of food manufacturing giant San Miguel Corporation, said PAL would have a competitive advantage. Middle East-based airlines take 18 to 24 hours from Manila to Europe.

“PAL will take 12 to 13 hours one way compared to other airline flights when you still have to wait for several hours in their hubs,” Ang said.

As to ticket prices it will be “very competitive” with other airlines. It will offer economy seats from Manila to London at $1,200 or about P52,000.