In an editorial in 2023, the Tribune opined that for the Church and its army of environmentalists zealously guarding the Bicol region’s largest remaining forest reserve, the fight against mining was not yet over.
Three years later, the battle to protect the island from the depredations of those trying to exploit its natural resources has resumed.
Stoking the fire this time is the same individual, Adelbert Almario, who had been issued a permit for small-scale mining in Caramoran by the Department of Energy in 2024.
That permit was terminated after the Sangguniang Panlalawigan then headed by Vice Governor Peter Cua, reconsidered its earlier decision to temporarily suspend the ordinance declaring the province as a Mining-Free Zone.
This 2026, SSCMP No. 2026-001 allows Almario to extract 18,000 metric tons of coal from a five-hectare area in barangay Obi, in exchange for the government share of three (3%) percent of the gross sales.
Last Monday, Oct. 19, 2026, the OIC-Provincial Environment and Natural Resources Officer was scheduled to meet with Almario and Obi barangay captain Leoncio N. Zuniega Jr. on the proposed mining operation within the barangay.
The DENR official reportedly informed that the mining area is within timberland and its utilization required an appropriate tenurial instrument or land title, which Almario has yet to present.
In an earlier dialogue conducted by the Caritas Virac Justice & Peace, Inc., it was suggested that the actual location of the proposed mining site should be determined if it is within Caramoran or San Andres, considering that the fact the clearing activities have started for the construction of a three-kilometer access road to the site from Cabungahan, San Andres.
Unfortunately, those who made the suggestion were doing so for the wrong reason.
This is no longer about in whose jurisdiction the coal mining would be done but whether the site falls within the 48,924.09-hectare Catanduanes Natural Park declared as protected areas under Republic Act 11038 or the Expanded National Integrated Protected Areas System (ENIPAS).
Why is this important?
In 2025, the Supreme Court nullified a 25-year moratorium on large-scale mining imposed by the province of Occidental Mindoro and the municipality of Abra de Ilog through their respective ordinances.
In affirming a decision of the Regional Trial Court that voided the ordinances, the SC said the ordinances violated Republic Act No. (RA) 7942, or The Philippine Mining Act of 1995.
It stated that local ordinances are not included in the term “laws” that can prohibit mining under Section 19 of RA 7942.
“The power of LGUs to issue ordinances comes from Congress, and interpreting “laws” to include local ordinances would, in effect, allow LGUs to override Congress’s authority to regulate mining – something they are not permitted to do,” it stressed.
While RA 7492 gives the LGUs the power to approve or deny individual mining applications based on their effects on the environment, livelihoods, and land rights of their residents, the Court pointed out, the law does not authorize them to impose a blanket ban on all large-scale mining in their area.
This ‘loophole’ leaves open for possible mining activity those areas that are not within the boundaries of the the Catanduanes Natural Park.
Speaking of loopholes, the current administration and its allies in the Sangguniang Panlalawigan majority is resorting to the strategy of allowing proposed resolutions to lapse into law.
Last Monday, Oct. 19, Acting Vice Governor Fred Benedict T. Gianan took the unusual step of suspending the regular session after the Committee on Justice failed to submit its report on five (5) proposed resolutions.
Committee chair PBM Jesus Balunsay earlier manifested that the resolutions had been approved by the committee but inexplicably did not come up with the required committee report.
Among the measures were the SP’s concurrence on the appointment of Atty. Alyssa Anne D. Sanchez as Provincial Human Resource Management Office and the grant of authority to the governor to enter into a lease contract with LCC over the use of the JMA property for P100 per square meter.
It may be recalled that Sanchez’s appointment has been rejected seven times by the previous composition of the SP on the ground of lack of experience and relevant training.
The measures would have lapsed and considered deemed approved by 2 PM of Tuesday, Oct. 20, 2026.
While the appointments of the provincial administrator and provincial legal officer were seen as a formality, the case of Sanchez’s appointment is different because it could have a significant legal consequence.
As such, the matter should have been carefully deliberated upon and complied with local legislative procedure, including a committee report.
It makes observers wonder if the Justice committee members are afraid of signing a report that could backfire on them later.
As of presstime, there is no indication whether the required committee report would be submitted in time for the resumption of the session.
It would not probably matter, whether the committee complies with procedure or not, as the measures would be deemed approved if unacted upon by the honorable members of the provincial board.
And this would be entirely legal.
But, as no less than Bishop Luisito A. Occiano stressed in his pastoral letter on protecting Catanduanes against destructive mining, legal does not always mean moral.