Ipilan Nickel Corporation (INC), a subsidiary of diversified conglomerate Global Ferronickel Holdings, Inc. (FNI), is authorized to continue mining operations at its site in Brooke’s Point, Palawan under its agreement with the government.
In a disclosure to the Philippine Stock Exchange, FNI said the Mines and Geosciences Bureau (MGB) has clarified that the Mineral Production Sharing Agreement (MPSA No. 017-93-IV) between the Philippine government and INC remains in force and valid until Apr. 10, 2025.
“This allows INC, to maintain its exclusive right to conduct responsible mining operations in the Municipality of Brooke’s Point, Palawan, covering 2,835 hectares, with 260 hectares already partially declared as a mining area,” the firm said.
MGB-MIMAROPA Regional Director Engr. Glen Marcelo C. Noble issued the clarification in a letter dated Feb. 21, 2023 to Brooke’s Point Vice Mayor Mary Jean D. Feliciano in response to a resolution by the Sangguniang Bayan of Brooke’s Point.
The resolution sought to investigate the operations of INC following claims that the alleged renewal of its MPSA in 2018 was without the endorsement of the Municipality of Brooke’s Point and that it is operating without a Certificate Precondition (CP) from the National Commission of Indigenous Peoples (NCIP) and a Protected Area Management Board (PAMB) clearance.
Noble explained that the MPSA did not expire on Aug. 5, 2018 as MPSA No. 017-93-IV was amended on Apr. 10, 2000 to conform to RA 7942, otherwise known as the Philippine Mining Act of 1995.
To resolve the issue on the effective date of the MPSA, the DENR has issued the Order dated Dec. 21, 2021 confirming that the effective date of the same MPSA shall be reckoned from the date of the execution of the amended MPSA.
Noble further clarified that INC does not need to secure a CP as this requirement only applies to applications filed after RA 8371, or the Indigenous Peoples Rights Act of 1997, was enacted.
He cites a letter by the NCIP dated Mar. 31, 2006 stating that INC is no longer covered as it was already awarded an MPSA four years prior on Aug. 5, 1993.
INC, on the other hand, has concluded the process of securing a CP in preparation for the renewal of its MPSA in 2025. During a series of community consultations last June 2022 to Aug. 2022 under the guidance of the NCIP, an overwhelming number of indigenous peoples (IPs) voted for the continued operations of INC.
In total, 3,739 IPs from Barangays Aribungos and Calasaguen voted in favor of INC versus only 614 dissenters from Barangay Aribungos. In Barangay Calasaguen, 100 percent of the eligible voters were in favor of responsible mining. This led the IPs from Barangay’s Barong-Barong, Ipilan, Mambalot and Maasin to concede in favor of INC.
There is also no need to secure a PAMB Clearance as the MPSA predates the proposed Final Boundary of the Mt. Mantalingahan Protected Landscape (MMPL). It is protected under the pertinent provision of Presidential Proclamation No. 1815, creating the MMPL while recognizing prior or vested rights.
“We are awaiting the renewal of our Mayor’s Permit as we have already submitted the necessary documents and complied with all laws and regulations,” said INC Resident Mine Manager Alex Arabis.
INC employs over 1,500 people, wherein 90 percent are residents of Brooke’s Point. The IPs are also well-represented as they make up 28 percent of the total workforce.
To date, INC has spent close to P53.3 million to fund various projects to improve the quality of life in Brooke’s Point and nearby areas.
