Digging for profits: Who owns PH mines?
QUICK FACTS
Name of mining firm: Emir Mineral Resources Corp.
Location: Homonhon Island, Guiuan, Eastern Samar
Metals extracted/mine products: chromite, nickel
OWNERSHIP
Incorporation date: Oct. 11, 2007
Stockholders:
Regio, Emmanuel L.
Araneta, Mariano Jr. V.
Araneta, Eileen Grace Z.
Regio, Irene D.
Regio, Diana Marie D.
Regio, Rhesa P.
Chairperson of the Board: Regio, Emmanuel L.
MINING REVENUE
Current assets: P17.38 million (2018)
Current liabilities: P37,479 (2018)
Total revenue: P0.00 (2018)
Revenue from sale of mine products: P0.00 (2018)
Net income: -P9.95 million (2018)
MINE AUDIT FINDINGS
According to the Notice of Issuance of an Order sent to Emir on Feb. 8, 2017 pertaining to operations under Special Mines Permit 1-2015, the company had violated certain provisions of:
- PD 1586 or “Establishing an Environmental Impact Statement System including other Environmental Management-related Measures and for other Purposes”;
- DAO 2003-30 or the IRR for the Philippine Environmental Impact Statement System;
- RA 7942 or the Philippine Mining Act of 1995;
- RA 6969 or the Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990;
- DAO 2013-22 or the Revised Procedures and Standards for the Management of Hazardous Wastes; and
- DAO 2000-98 or the Mine Safety and Health Standards.
Field validation by the DENR determined that Emir’s mining operations had impaired the functions of the watershed of Homonhon Island.
The DENR review of the audit report as well as explanations from the company show that it had violated certain provisions of the following laws, rules, and regulations:
PD 1586 or “Establishing an Environmental Impact Statement System including other Environmental Management-related Measures and for other Purposes”;
- DAO 2003-30 or the IRR for the Philippine EIS System;
- RA 6969 or the Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990;
- DAO 2013-22 or the Revised Procedures and Standards for the Management of Hazardous Wastes;
- RA 7942 or the Philippine Mining Act of 1995;
- DAO 2000-98 or the Mine Safety and Health Standards; and
- PD 705, the Revised Forestry Code of the Philippines, particularly on the protection of watersheds.
These violations, according to the order, constituted sufficient grounds for the cancellation of a firm’s MPSA or in Emir’s case, the denial of its MPSA application.
The full report and/or copy of the DENR order may be viewed here.
STATUS OF RECOMMENDATIONS / COMPANY RESPONSE (AS OF MARCH 2022)
PCIJ sent a letter to the company on March 2, 2022 and made a follow-up on March 24, 2022. We have not received a response as of this writing.
STATUS OF OPERATIONS
On Feb. 8, 2017, the Department of Environment and Natural Resources (DENR) issued an order cancelling the company’s operations.
In July 2020, Environment Undersecretary Benny Antiporda was quoted in a news report as saying that Emir, along with other four firms, were “granted approval by the Office of the President (OP) after complying with mining laws.” The other firms that were allowed to resume operations were Berong Nickel Corp., Carrascal Nickel Corp., Strong Built Mining Development Corp., and Zambales Diversified Metals Corp.
COMMUNITY PROFILE
Municipality class of mining location: Guiuan, Eastern Samar (2nd class)
Population: 52,991 (2015)
Poverty incidence rate: 34.6% (2015)
Human Development Index: 0.41 (2012, province)
IN THE NEWS
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Sources:
General Information Sheet, 2019
Financial Statement, 2018
List of existing Mineral Production Sharing Agreements, Mining and Geosciences Bureau
Philippine Metallic Mineral Production, Mines and Geosciences Burea
Poverty and socioeconomic indicators, Philippines Statistics Authority
Copy of full Mine Audit Reports by company, 2016
Copy of Notices of Issuance of an Order, 2017
Copy of Orders of Cancellation and/or Suspension, 2017
Acronyms used:
RA (Republic Act)
IRR (Implementing Rules and Regulations)
PD (Presidential Decree)
DAO (Department Administrative Order)
MPSA (Mineral Production Sharing Agreement)
SDMP (Social Development and Management Plan)
Disclaimer: The mine audit was conducted in 2016 after Regina “Gina” Paz Lopez assumed the post of environment secretary. The findings in the reports, which authorities sent to the mining firms in 2016, were likely addressed in the succeeding years following a review conducted by the Mining Industry Coordinating Council after the audit led by Lopez, who died in 2019. PCIJ has verified the reports and reached out to each company for comment. We suggest you also confirm findings included in the reports as some information may have changed over time.
The reports come from files that PCIJ has received in connection with various environmental investigations. We are releasing them in full, recognizing the public value of the files to mining communities, miners, policymakers, civil society, and researchers.
Note: The Human Development Index is a measure of how well a country has performed, not only in terms of real income growth, but also in terms of social indicators that measure people's ability to lead a long and healthy life, acquire knowledge and skills, and have access to the resources needed to afford a decent standard of living. An HDI value below 0.550 is considered low and below 0.399 is very low. The national average for the Philippines is 0.718 as of 2020.
This article was produced with the support of Internews' Earth Journalism Network.