KIBUNGAN, Benguet-- The battle has been lost but the war has not yet been won for Da Gama Minerals Inc. as the National Commission on Indigenous Peoples (NCIP) has recalled an earlier certification issued to the exploration company.

In a Philippine National Police sponsored mining exploration between stakeholders in this town, held July 1, lawyer Alex Degiem, NCIP representative, informed the public that the earlier certification issued by the office has been recalled.

Degiem informed the public that on June 29 2010, the NCIP sent a letter to Antonio C. Olarte, corporate representative of the Da Gama Minerals Inc.

The commission informed Da Gama that the certification issued March 3, 2010 , is “hereby recalled until such time that this office receives a written notice that the deed of assignment between Gambang and Da Gama has been approved by the Secretary of the DENR (Department of Environment and Natural Resources).”

Gambang Mining and Development Corporation was granted a 25-year Mining Lease Contract Area (MLC no. MRD 478) on September 27, 1987 and will expire on Sept. 28, 2012.

Documents show that on September 29, 2007, Gambang Mining executed a Deed of Assignment in favour of Da Gama , “which conveyed the transfers and assigns unconditionally, absolutely and irrevocably to Da Gama all its rights, title and interests over the same Mining Lease Contract”.

On March 3, 2010, a certification has been issued by the regional office of the NCIP, certifying that the “Mining Lease Contract (MLC) no. MRD 478 granted to Da Gama Minerals Inc., on September 29, 1987 does not need to undergo the FPIC (Free Prior and Informed Consent) process pursuant to section 56 of the IPRA.”

Virtually shocked with this development, lawyer Rodrigo Kito, legal counsel of Da Gama argued that they still believed that the March 3, 2010 certification of the NCIP still has to be honored as they still have to receive a copy of the recall order cited by Degiem.

However, Degiem said the copy has been sent trough registered mail to Olarte as corporate representative of the company and is willing to hand over the same to Da Gama officers present during the consultation provided they provide proof that they are indeed legal representatives as Olarte has stated that he is the corporate representative a reason why the cancellation order was addressed to him.

Kito said that they will review the order upon receipt and will explore legal remedies for a possible reversal of the order in favor of the company.
Moderating during the dialogue, Sr. Supt. Wilhem Mayor, Benguet provincial police director said, this is now a legal issue, the company may have problems with the order and there are proper forums to discuss the matter.

Mayor, explained, the police have called for the dialogue due to a mounting tension between the exploration company and residents who are opposing the project.

He stressed, the police force is only there to enforce the laws especially on peace and order, whoever violates the law will get arrested whether they come from the company or those who are protesting.

“We will not take sides with anybody, but we are here to respect the basic rights of all parties”, he averred.

Both parties have agreed to a status quo for the moment. Da Gama assured the protesters that they will not conduct drilling operations until the earlier problem is resolved.—larry madarang