Marble bishop leads legal challenge against Tampakan mining project 

October 9, 2024

A leading church official has led the filing of a Petition for Certiorari against the 12-year extension of the Financial and Technical Assistance Agreement (FTAA) for the Tampakan Copper-Gold Project on Oct. 4.

“The Tampakan mine threatens to devastate the local ecosystem, poses health risks to our people, and could lead to the potential displacement and loss of farming and fishing livelihoods across three provinces here in Mindanao,” said Bishop Cerilo Casicas of Marbel.

The petition, supported by local residents and civil society organizations, contests the extension granted by the Mines and Geosciences Bureau (MGB) of the Department of Environment and Natural Resources (DENR) without presidential approval, which the petitioners claim is a violation of the Constitution.

“The Tampakan Mining FTAA should not have been extended without full presidential oversight and prior consultation and consent from our affected communities,” the prelate said. 

Over 3,000 citizens joined a protest march from the Marbel Cathedral to accompany the prelate and other petitioners to the Regional Trial Court of Koronadal. 

The petitioners, representing Indigenous peoples, farmers, and irrigators impacted by the 10,000-hectare copper-gold project, highlighted the potential threats posed by one of Southeast Asia’s largest mining projects.

The Tampakan project has been touted as the largest undeveloped copper-gold minefield in Southeast Asia and among the largest of its kind in the world.

Based on a company study, the project has the potential to yield an average of 375,000 tons of copper and 360,000 ounces of gold in concentrate per year in the 17-year life of the mine.

“The Constitution mandates that only the President can enter into agreements involving Financial or Technical Assistance; no other person in government has been ordained with this power to contract, not even an MGB director,” said Ryan Jay Roset of the Legal Rights and Natural Resources Center.

He added that entering into such agreements requires the President to ensure that the rights to a balanced and healthful environment are protected, as well as the people’s right to participate in social, political, and economic decision-making. 

Abraham Obal, chairperson of the Columbio Multi-Sectoral Ecology Movement (CMEM), criticized the lack of consultation, adding, “Despite the widespread impact that mining can have on our community, we have not been given the opportunity to participate in any public discussion.”

“The potential environmental and social impacts of this project cannot be ignored, and it is our collective duty to ensure that our natural resources are protected for future generations,” said Yolanda Esguerra, national coordinator of the Philippine Misereor Partnership Inc.

Fr. Jerome Millan, Director of the Social Action Center of Marbel, criticized the MGB’s decision, describing it as an overreach. 

He argued that while the bureau claims to promote a mineral industry that is socially, economically, and environmentally sustainable, the extension agreement violates the constitutional right of the people to a balanced and healthful ecology.

“The issuance of the 12-year extension favoring the Tampakan Copper-Gold Project disrespects the local government’s autonomy and mocks the residents’ long-standing principle against the threat of destructive mining,” the priest said. 

Despite the opposition, the Tampakan Mine Project is expected to begin full operations next year. 

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