Manila Govt will sanction Mindanao Provinces exercising Mining Autonomy

 

Open pit Mining in the Philippines. Photo: freethinkers.org

LGUs prohibiting open pit mining may face sanctions

The national government may initiate administrative cases against local executives who would insist on implementing ordinances prohibiting open pit mining in their respective areas, according to the Department of Justice (DOJ).

In a seven-page legal opinion signed by Secretary Leila de Lima last week, the DOJ supported the plan of the Department of the Interior and Local Government (DILG) to impose administrative sanctions on local government units (LGUs) that continue to prohibit open pit mining in violation of the Philippine Mining Act (PMA).

The DOJ said such ordinances and resolutions of LGUs have been declared void by the law, which means their implementation is tantamount to grave abuse of authority or grave misconduct.

"LGUs cannot arbitrarily hide under the cloak of 'local autonomy' or 'presumption of validity of ordinance' to circumvent the law or primordial compliance with the well-entrenched test of valid ordinance, long established by the Supreme Court in various cases," it said.

Aside from filing administrative cases, the DILG has also proposed the issuance of a memorandum circular directing a review of questionable ordinances and the signing of a memorandum of agreement with the Office of the Ombudsman to address abuses of local officials invoking local autonomy to implement such invalid ordinances.

"Browsing through the remedial acts and/or administrative sanctions proposed to be issued by DILG, this Office has no objection thereto, as we see no constitutional, statutory or legal infirmities in such proposals," the DOJ said.

"Moreover, this Office defers to you Office's competence and expertise not only because it has primary jurisdiction over the matter but also possesses familiarity with the policy repercussions of the issues as well as logical recognition of the lawful exercise of an authority conferred to DILG by law," it added.

The DOJ noted that under Administrative Order No. 267, the DILG has the "power of general supervision" over local governments to ensure that their officials perform their functions in accordance with the law.

Apart from administrative sanctions, the DOJ said the DILG may also file court petitions to seek the nullification of these ordinances.

"Clearly, matters involving question on the validity or constitutionality of a duly enacted ordinance may stand on its own and therefore remain valid until judicially declared as null and void. Thus, judicial declaration of nullity of ordinance is an available remedy," the DOJ said.

It issued the legal opinion upon the request of DILG Legal Service Director III Jesus Doque IV after receiving questions over the implementation of the ordinances, which contain provisions banning open pit mining, an activity allowed under the PMA.

Among the cases cited in the request was the ban imposed by the South Cotabato provincial government on open pit mining, preventing Sagittarius Mines Inc. from starting its $5.9-billion copper-gold project in Tampakan town. (http://is.gd/rGW5Za)

philSTAR 

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Asia’s no. 1 - Sept Philippines Export growth 23% eclipsed Hong Kong of 16%

Philippines Asia's strongest performing Economy

THE value of Philippine merchandise exports grew by 22.8% to $4.8 billion in September, 2012, higher than the $3.9 billion shipped out in the same month in 2011, making the country the strongest performer among Southeast and East Asian nations. The Philippines topped the exports growth of Hong Kong (15.8%), Vietnam (15.6%), Taiwan (10.4%), China (9.9%), and Thailand (0.2%).

Electronics remained the top  Philippine export product in September, 2012, with total receipts of $1.83 billion, 1.1% higher than the earnings last year, followed by woodcraft and furniture, and metal components. Other top export earners were banana, coconut oil, and tuna. Japan was the top destination of Philippine exports with a 30.8% share of total export receipts, followed by the United States, People's Republic of China, Hong Kong, and Singapore. After the earthquake and tsunami that devastated Japan in 2011, export orders poured into the Philippines to help support reconstruction efforts and fill the need for new products.

Merchandise exports grew by 7.2% to $40.1 billion in the first three quarters from $37.4 billion in the same period last year. Annual gains in shipment revenues from manufactures (29%), forest products (185%), and petroleum (7.4%), supported the continues growth of total merchandise exports. The National Economic and Development Authority noted that the positive export growth in the first nine months of 2012 reflected the moderate improvement in global economic activity as industrial production and business confidence.

Export targets under Philippine Export Development Plan (PEDP) 2011-2013 are $80.2 billion for 2012 and $89.2 billion for 2013. The key export sectors that make up 87% of current business are information technology-business process outsourcing, electronics, agribusiness products, minerals, shipbuilding, motor vehicle parts, garments and textiles, home-style products, and wearables.

We congratulate Republic of the Philippines President Benigno S. Aquino III, and Members of his Economic Team: Department of Finance Secretary Cesar V. Purisima, Bangko Sentral ng Pilipinas Governor Amando M. Tetangco Jr., Department of Trade and Industry Secretary Gregory L. Domingo, and National Economic and Development Authority Director General Arsenio M. Balisacan, other Officers and Personnel, for their cooperation efforts to sustain and keep the momentum of economic growth.  (http://is.gd/qLhrRG)

Manila Bulletin 

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China funded NGO leftist in Japan wants to oust US Presence in the Philippines & Japan

Philippine rejection of U.S. bases an example for activists

SUBIC BAY, Philippines — Visiting activists from Japan have expressed hope that Tokyo will emulate Manila's rejection of U.S. bases two decades ago, citing mainly the negative social impacts of maintaining the installations and the Philippines' successful conversion of the sites into economic hubs.

Mitsuo Sato of the Japan Peace Committee said although convincing the Japanese government to scrap the Japan-U.S. Security Treaty is a difficult challenge, he is "hopeful" about it, noting the growing public opinion against the presence of the U.S. bases.

Besides opposing the bases, they also want Japan to end its reliance on nuclear power.

"More people are realizing that U.S. troops in Japan are committing crimes, instead of protecting Japan. I am not exaggerating, but for the first time after the war 67 years ago, we have never seen a situation like this where people are doubting this treaty," said Sato, 74. He headed a 48-member Japanese delegation in a Nov. 8 gathering at the former U.S. Navy base at Subic Bay for the commemoration of the 20th anniversary of the closure of the U.S. bases.

The U.S. started pulling out its air force personnel from Clark Airfield in Pampanga Province in 1991 after the volcanic explosion of Mount Pinatubo in June of that year left the installation covered in ash.

In September, the Philippine Senate rejected a renewal of the Philippine-U.S. bases treaty, formalizing the need for the rest of the American forces, particularly the navy in nearby Subic Bay, to also pull out.

The last American forces to leave Philippine soil were those who pulled out on Nov. 24, 1992, from Subic Bay.

The former bases eventually became economic zones, hosting several companies and generating employment not just for local residents but also from other parts of the Philippines.

Kazuko Tanahara, 62, a former government worker in Okinawa, where most of the U.S. bases in Japan are concentrated, said that despite the financial gains of hosting the bases, the lives of the people in the prefecture remain hard, with income levels being the lowest in the country and unemployment the highest.

She also brought up the crimes committed by U.S. service members against local people, the most recent of which occurred on Oct. 16, accidents involving U.S. forces, and the opposition against the deployment of the MV-22 Osprey aircraft.

"I know that the people of the Philippines succeeded in removing U.S. bases from your country. Learning from your struggles, we wish to be relieved from base burdens as soon as possible," Tanahara said.

"Military bases are not something that creates the necessary items for our daily lives. We are only looking for a good life without the U.S. bases," she said.

Toshiko Nagado, 62, also from Okinawa, lamented that even after the U.S. forces expanded their presence in Okinawa after World War II, the "destruction of human beings" continues.

Sato said he is impressed with the political will of the 12 Philippine senators who voted against the renewal of the Philippine-U.S. Bases Treaty, and more so at how Filipinos cleared the bases and turned them into commercial centers.

"I really want to express my respect for the Filipino people for their self-determination and independence. What specifically interests me is that you have actually achieved economic prosperity despite apprehensions before kicking out the U.S. forces that many people would be badly affected," he said.

Sato said what the Japanese delegation learned during the gathering and tour in this former U.S. naval facility, and at the former U.S. Air Force base in Clark the previous day, will definitely be brought up during the 2012 Japan Peace Conference in Tokyo from Friday to Sunday and publicized by the different participating organizations.

He will also raise it when his group visits some government offices in Tokyo on Monday, including the Defense Ministry and the Foreign Ministry.

"We should abrogate the Japan-U.S. Treaty as soon as possible and remain committed to enhancing public opinions and movements for learning, discussing, having dialogues, publicizing and expanding the ring of the united front in pursuit of a nuclear-free, nonaligned, neutral and truly independent Japan," Sato said.

Meanwhile, Roland Simbulan, a professor of the University of the Philippines who has authored books regarding U.S. bases in the country, said that despite the complete pullout of the U.S. bases, the Philippines is still facing many challenges, such as prostitution and violation of children's rights due to the present economic situation.

"With the signing of the 1999 Visiting Forces Agreement and the Mutual Logistics Support Agreement in 2001, units of U.S. military personnel are back to exploit and to take advantage of the poverty of Filipino women and children," Simbulan said in his keynote speech during the gathering.

"This gives us the lesson that political independence has to be sustained and consolidated by economic sovereignty," he said.

While noting that "there is life after the U.S. bases," Simbulan pointed out the continuing challenge "to make it a pro-Filipino and propoor economic conversion and people's development."

He also urged people opposed to U.S. bases and nuclear weapons, both from the Philippines and Japan, to "expose the present character, impact and consequences of U.S. imperialism in the Asia-Pacific region," noting the "reconditioning of U.S. global dominance and its aggressive military posture."

"I have always said that whichever of the two major parties, Democratic or Republican, wins in the U.S. elections, its presidential candidate can be expected to pursue big-military, interventionist policies — the policies that the two Bushes and Clinton promoted, and the Pentagon has carried out, on behalf of the top U.S. corporations," Simbulan said.

Newly re-elected U.S. President Barack Obama announced late last year the U.S. plan to pivot its forces from the Middle East to the Asia-Pacific region amid heightened tensions in Asia, including between the Philippines and China, over territorial disputes.

(http://is.gd/Hx77AZ)

The Japan Times 

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