As early as August 2023, the Panganiban municipal government had received reports of alleged coal mining activity in two barangays, with the Department of Environment and Natural Resources (DENR) later confirming illegal coal extraction by farmers and residents in barangay Cabuyoan.
Based on documents furnished by an unimpeachable source to the Tribune, the Sangguniang Bayan passed a resolution in aid of legislation on Aug. 22, 2023 requesting the Provincial Environment and Natural Resources Office (PENRO) to apprise the municipality of Panganiban on the alleged coal mining activity and/or coal mining exploration within its territorial jurisdiction.
The measure, unanimously approved by all councilors and signed by Vice Mayor Arvin Atencia and Mayor Cesar Robles, cited numerous reports of said activity at barangays San Miguel and Cabuyoan.
Three weeks later, the source said, the PENRO reported on the results of its investigation into the matter, with the copy received by the chief executive on Sept. 18.
At the outset, the PENRO said that there is no approved coal mining permit or license issues, nor an existing project operational within Panganiban or in any other municipality in the province but admitted it had received verbal information about illegal coal extraction within the protected area of Cabuyoan.
It mobilized forest officers and rangers, forest protection officers and park rangers to conduct intensified patrolling, investigation and surveillance in the area in coordination with the barangay officials and law enforcers.
On the second week of August, the team confirmed that there is indeed illegal coal extraction in Cabuyoan, particularly along the bank of creeks but none in San Miguel.
It determined that local farmers and residents extracted the coal by use of hand digging tools like pick mattock and spade, with the collected coal placed in sacks and stockpiled near the road to facilitate hauling and transport by an unknown buyer.
On Aug. 16, 2023, a PENRO team went to the site but found only coal remnants and traces of hauling operations. Some residents told the team that the sacks were hauled away the night before.
Two weeks later, another team went to the area accompanied by Army soldiers but did not find the miners, who apparently left behind three shovels and three pick mattocks.
Sacks of coal were stockpiles over two constructed gabions, a rectangular pile of rock within a wire screen and placed in sloping areas to prevent soil erosion and retain the slope.
Park rangers in the area were instructed to continuously monitor the site 24/7 but were unable to do so due to lack of manpower, the report stated.
They could not stay in the area during nighttime for security reasons, as the location was remote and there was no signal or network connection to enable communication.
Informants told the rangers that the hauling of the coal from the area occurred during the wee hours of the night and before dawn.
On Sept. 11, the PENRO team, accompanied by two barangay kagawads, again went to the site and retrieved 90 sacks of coal, with 38 of them brought to the PENRO office in Virac while the rest was placed in custody of the Panganiban police.
“With the illegal extraction of coal in the protected area, this Office hopes to abate or totally stop it with the assistance of the (LGU) on the issuance of local policies or regulations and the prohibition of any extractive resource use in the protected area that is within Panganiban,” the report stated.
The report was signed by PENR Officer Imelda Baltazar, Technical Services Division OIC Cyril Magdaraog, Compliance Monitoring Unit head and Forester II Ben John Rellama, Surveillance and Intelligence Unit head and Forester I Noel Llena, Forester I Mark Anthony Ordiz and Senior Environmental Management Specialist Editha Milan.
The officials recommended that the LGU organize a multi-sectoral environmental committee to abate the occurrence of all illegal environmental activities and submit personnel for training and deputation as Special Deputized Environment and Natural Resources Officer (SDENRO) to augment the PENRO’s manpower in the conduct of environmental activities.
The local chief executive or his authorized representative was likewise encouraged to attend and participate in the quarterly meetings of the Protected Area Management Board (PAMB) in the effective administration of protected areas.
Declared as a protected area under Republic Act 11038 is the Catanduanes Natural Park with a total area of 48,924.09 hectares.
The PENRO officials reminded local officials that the Sanggunian is mandated to approve ordinance and pass resolutions to, among others, protect the environment and impose appropriate penalties for acts that endanger the environment.
It invited the municipality to revisit Section 13 of RA 11038, which declares that the exploration for energy resources may be allowed in protected areas only for the purpose of gathering data and information and only if such activity is carried out with the least damage to surrounding areas.
“Surveys for nonrenewable energy projects shall be conducted only in accordance with a program approved by the DENR, and the result of such surveys shall be made available to the public and submitted to the President who shall make the appropriate recommendations to Congress,” the provision stressed. “The development and operation of nonrenewable energy projects are prohibited in areas categorized as strict nature reserves and natural parks.”
The same attention was sought by PENRO officials on DENR Administrative Order No. 2019-05, which provides the Implementing Rules and Regulations of RA 7586 or the National Integrated Protected Areas System (NIPAS) Act of 1992.
Under Rule 14.6 of said Act, the development and operation of non-renewable energy projects like coal are allowed only upon satisfaction of the following conditions: a) the projects are not located in areas categorized as Strict Nature Reserves and Natural Parks, and in Strict Protection Zones; b) a resolution approved by majority vote of the members of the PAMB, attesting that the non-renewable energy project is not detrimental to the environment and integrity of the protected area, and providing recommendations for consideration of the DENR Secretary; c) the projects are undertaken pursuant to Congressional legislation; and d) continuing compliance with environmental laws, rules and regulations.