The Department of Environment and Natural Resources (DENR) in Catanduanes has refused to release a copy of the investigation report on the alleged small-scale mining operation along Hinagasan river and waterfalls in Tibgao, Virac.
In its reply to the Tribune request for the results of the probe, the Provincial Environment and Natural Resources Office (PENRO) cited a department order in denying the request for information.
“We fully recognize and respect the people’s right to information,” OIC-PENR Officer Cyril C. Magdaraog stated in his reply. “However, it must be emphasized that DENR Administrative Order (DAO) No. 2016-09, otherwise known as the DENR People’s Freedom of Information (FOI) Manual, certain documents and records are considered exempt from public disclosure.”
Among these are investigative records, reports and related documents, the release of which may compromise ongoing or future actions, prejudice law enforcement, or unduly expose individuals and parties involved,” he added.
“Accordingly, the specific investigation report you are requesting falls within the category of information nor for disclosure under the FOI exceptions enumerated in DAO 2016-29,” Magdaraog stressed even as he assured that his office remains committed to transparency and public accountability.
The OIC-PENRO said, however, that the office is open to providing “general updates” that may be released without violating the confidentiality provisions of the FOI Manual.
The Tribune was prompted to seek a copy of the DENR report after Governor Patrick Alain T. Azanza posted on social media copies of the DENR Mines and Geosciences Bureau (MGB) letter addressed to Tibgao Punong Barangay Ferdinand Agurin and an order dated July 1, 2025 for the barangay to stop any form of illegal small-scale mining operations along the river and waterfalls.
The Facebook post said the DENR finding belied the alleged assertion of former Virac Mayor Samuel Laynes that there was no illegal mining in the capital town.
Documents obtained by the Tribune showed that last May 5, 2025, or just seven days before the national and local elections, PB Agurin requested PENRO for “technical assistance in assessing the reported on-going allegedly small mining activity at Hinagasan river & falls at Sitio Sogod (Purok 6), Barangay Sogod Tibgao, Virac, Catanduanes.”
The village chief attached photographs of two men apparently conducting gold panning activity at a shallow pool at the middle of the river.
In the July 1, 2025 letter, MGB’s Arlene E. Dayao, chief of the Geosciences Division, said that a joint investigation was conducted by technical personnel of her office and DENR-PENRO Catanduanes on June 10, 2025.
“(S)ome of your residents were operating in the area without a Minahang Bayan/Small-Scale Mining Contract/License in violation of Republic Act 7076 and DENR Administrative Order 2022-03,” she told PB Agurin.
Dayao said a Cease-and-Desist Order (CDO), also dated July 1, 2025, was issued by her office for immediate stoppage of the illegal small-scale activities in the area.
“In this regard, please be advised to enforce the attached CDO pursuant to your authority in protecting and conserving the environment and pursuant to the provisions of Item No. 9, Section 389 of RA 7160, otherwise known as the ‘Local Government Code of 1991,” the MGB official said.
Likewise, Dayao stated that the provincial government of Catanduanes, the Virac Municipal Police Station and the Environmental Management Bureau, Regional Office No. V, were informed of the findings of the investigation thru letters and a memorandum dated July 1, 2025 for their appropriate action.
A check with PB Agurin and the Virac MPS showed that they were not given copies of the investigation report and the memorandum.
According to the CDO, the June 10, 2025 probe confirmed that the residents, who were not identified in the order, undertook illegal small-scale mining through shovels and picks and using gold panning along the river and waterfalls.
“Illegal small-scale mining in the area poses a negative impact on the environment due to water turbidity, erosion of road cuts, contamination of the water due to excessive use of mercury, fish kills, flooding and siltation,” the MGB stated, “The operations may also pose danger to the workers due to the unhealthy and unsafe conditions, and to government infrastructures, residents and adjacent properties in the barangay.”
It warned that non-compliance with the order shall result in the arrest or apprehension of the persons involved, seizure and confiscation of equipment and dismantling of any structure, and the filing of necessary actions in courts of law.
PB Agurin told the Tribune that the issue was only brought to his attention by some residents who took a swim at the waterfall’s pool and took photos of the alleged gold panners.
He said he did not expect that the PENRO would raise the matter to the MGB to the extent that a CDO would be issued.
It may be recalled that last Aug. 6, 2025, four residents of Dugui Too, Virac were caught in the act of illegally mining for gold in Agban, Baras.
Joint elements of the Catanduanes police and the DENR apprehended abaca stripper Leonito Beo Mutya, 55, Sharon Reyes Mutya, 44, abaca stripper Jesus Vargas Mutya, 59, and Henidina Tolentino Mutya, 55, at 5 PM of Aug. 6, 2025 at sitio Dalagangan, Agban.
Confiscated from the group were four improvised wooden pans, three improvised sluice boxes, three shovels, three crowbars, and a vial containing gold particles with an estimated weight of 0.1 gram.
The police had said that the four suspects would be charged with violation of Republic Act 7942 or the Philippine Mining Act of 1995.
However, under the same Act, small-scale mining is governed by RA 7076, or the People’s Small-Scale Mining Act of 1991.”
Under Sec, 24 of this law, the Provincial Mining Regulatory Board is mandated with declaring and segregating existing gold-rush areas for small-scale mining, awarding contracts to small-scale miners and implementing rules and regulations.
All persons undertaking small-scale mining activities are supposed to register as miners with the Board and organize themselves into cooperatives in order to qualify for the awarding of a people’s small-scale mining contract.
Violations of the provisions of RA 7076 or its rules and regulations shall be penalized with imprisonment of not less than six (6) months nor more than six (6) years and shall include the confiscation and seizure of equipment, tools and instruments.