Environment and Natural Resources Secretary Angelo T. Reyes today stopped all marble quarry operations in the Biak-na-Bato National Park, Mineral Reservation, Watershed Forest Reserve and Forest Reserve located in the Municipalities of Doña Remedios Trinidad and San Miguel in the Province of Bulacan.

Sec. Reyes’ order covers the suspension of operations of Rosemoor Mining and Development Corp. inside the Biak-na-Bato Mineral Reservation for violating the terms and conditions of its Mineral Production Sharing Agreement (MPSA).

He also cancelled all Permits to Quarry inside the Biak-na-Bato National Park, Mineral Reservation, Watershed Forest Reserve and Forest Reserve which were illegally issued by the Provincial Government of Bulacan. The Provincial Government issued five (5) Permits to Quarry: two (2) inside the Watershed Forest Reserve, one (1) inside the Mineral Reservation and two (2) in an area which straddles the Mineral Reservation and the Watershed Forest Reserve.

The Biak-na-Bato National Park was established by President Manuel Quezon in 1937. On April 11, 1989, former President Corazon Aquino issued Proclamation No. 401 that carved out the Mineral Reservation, Watershed Forest Reserve, and Forest Reserve from the original Quezon decree and placed it under the direct control and administration of the DENR.

Of the 3,030 hectares covered by Proclamation 401, only 658.8 hectares remained as a National Park while 952.2 hectares have been set aside as mineral reservation. The Mineral Reservation has a unique and internationally-known marble deposit, referred to as Tea Rose.

The MPSA of Rosemoor, issued by the DENR in December 2002, is located on the eastern side of the mineral reservation in Doña Remedios Trinidad, Bulacan. The MPSA area covers 330.3 hectares, the same area covered by the company’s Quarry License (QL) No. 33, a mining right issued by the government on August 3, 1982. The QL area was excised by former President Ferdinand Marcos from the Biak-na-Bato National Park in June 1982.

Bulacan Governor Josefina Dela Cruz sought the cancellation of Rosemoor’s MPSA. She alleged that irregularities attended the issuance of the agreement and the ore transport permits (OTPs). She added that the terms and conditions of the MPSA and OTPs were violated adding that the historic Biak-na-Bato National Park is being desecrated.

A DENR multi-sectoral team found out that Rosemoor incurred insufficient payment of excise taxes, occupation fees and royalties. It likewise failed to provide measures to prevent air and water pollution and lacked an approved Environmental Protection and Enhancement Program (EPEP).

The DENR said that the operations of Rosemoor will remain suspended until it has complied with the following:

• Observance of proper housekeeping, including the designation of an engineered stockpile area for marble blocks and slabs;
• Organizing the Mine Rehabilitation Fund Committee and Multi-partite Monitoring Team;
• Securing the approval of the Environmental Protection and Enhancement Program;
• Operationalizing the Mine Rehabilitation Fund (Rehabilitation Cash Fund and Monitoring Trust Fund, plus the Environmental Trust Fund);
• Submission and government approval of the following plans/programs (i.e. modern mining plan utilizing “wire saw” technology for the efficient utilization of the marble deposits in the area, Final Mine Rehabilitation and Decommissioning Plan, Safety and Health Program, Annual Environmental Protection and Enhancement Program and the Social Development and Management Program);
• Registration and approval of Rosemoor’s operating agreements with qualified third parties; and
• Full payment of all taxes and fees due the national and local governments including the payment of royalty due from the mineral reservation.

On Governor dela Cruz’s allegations that the MPSA was not valid because the QL was cancelled by the Supreme Court in March 2004, the DENR found no irregularity in the issuance of the MPSA because the QL was deemed valid at the time of its issuance in 2002. The DENR further said that QLs issued under Presidential Decree No. 463 were respected up to the end of their terms and allowed to convert into an MPSA under the Mining Act of 1995.

Sec. Reyes also ordered the National Anti-Environmental Crime Task Force (NAECTAF) led by Undersecretary Roy Kyamko to coordinate with the Philippine National Police to ensure full implementation of the DENR Order.

Moreover, the Mines and Geosciences Bureau (MGB) was instructed to immediately undertake a comprehensive hydrogeological assessment of the entire area to determine the impacts of the quarry operations to the surrounding water bodies.

Apart from the investigations conducted by a DENR multi-sectoral team, Sec. Reyes also visited the area and conducted a public hearing at the DENR’s main office last June 5, 2006. (DENR Public Affairs Office)

July 13, 2006