Charges for violations of forest and mining laws will be filed against five individuals who were arrested last week while in the act of allegedly engaging in illegal coal mining activities inside a protected forest area.
According to the report of the Catanduanes Police Provincial Office, a joint operation conducted by several law enforcement units apprehended the suspects last Oct. 28, 2026in barangay Lubas, San Andres for violating Section 78 of Presidential Decree 705, or the Revised Forestry Code of the Philippines, and Presidential Decree 972 or the Coal Development Act of 1976.
Acting on reports of coal-mining activity at Obi, Caramoran, and Lubas, San Andres, personnel of the Department of Environment and Natural Resources (DENR) Catanduanes led by Forester I Alex L. Nierva coordinated with the Caramoran Municipal Police Station at 10 PM of Oct. 27 to validate the report and requested police assistance and security during the operation.
At the site of the reported illegal coal mining activity, the town police led by OIC-police chief PLt. Mar Joseph A. Reburiano, together with the Catanduanes 1st Police Mobile Force Company (PMFC) and the Catanduanes 2nd PMFC came upon the five individuals and placed them under arrest at 7:10 AM of Oct. 28.
The suspects were identified as Alpeo Tuplano de Loyola, 60, a farmer from Obi, Caramoran; Antonio Caño Bañadera, 55, a farmer from Ligoan, Rapu-Rapu, Albay; Sammy Gonzales Turbolencia, 38, an abaca stripper from Obi; Onting Obaña Nelmida, 61, a native of Rapu-Rapu, Albay but now residing in Obi; and, Eugenio Solero Pagal, 52, an abaca stripper from Obi.
Confiscated as evidence at the cleared part of the forest were six (6) shovels, a pick axe, three (3) iron pry bars, a hammer, two (2) sledge hammers, five (5) bolos, a kitchen knife, an axe, a pail, two (2) containers marked “ALMARIO COAL MINING,” four (4) empty sacks, two (2) tarps, a handheld radio, and more or less three kilos of coal believed to have been dug at the site.
The confiscated tools, materials, and evidence were turned over to the San Andres MPS for proper disposition and as documentation to support the filing of formal criminal charges.
In its statement, the CatPPO reiterates its stern warning to the public that unauthorized resource extraction and mining activities within protected areas without valid permits are strictly prohibited by law.
It added that the successful operation reinforces the steadfast commitment of the Catanduales police led by Provincial Director PCol. Virgilio R. Buena to uphold the directive of Governor Patrick Alain T. Azanza to strictly enforce environmental laws and protect the natural resources of the province.
The police have yet to announce if a formal complaint has been filed against the suspects before the Office Provincial Prosecutor.
Verification of the legal basis of the complaint shows that Sec. 78 of PD 705 pertains to the payment, collection and remittance of forest charges, with the provision penalizing any person who fails or refuses to remit to the proper authorities the forest charges liable to be punished by a fine not exceeding P100,000.00 and/or imprisonment for a period not exceeding six (6) years.
It cannot be determined as of press time if the authorities were referring to the unauthorized clearing of the forest, which would be punishable under Sec. 68 on the cutting, gathering and/or collecting timber or other forest products without license, or Sec. 69 on the unlawful occupation or destruction of the forest.
On the other hand, PD 972 or the Coal Development Act of 1976 mandates the government to undertake by itself the active exploration, development and production of coal resources, including the execution coal operating contracts even in public lands.
This law is the basis for the establishment of coal regions divided into blocks of 1,000 hectares each, which the DOE is allowed to offer through a bidding of Coal Operating Contracts covering the geologic investigation of coal-rich lands and the extraction and utilization of coal.
Included in the so-called coal regions in the Philippines is the Catanduanes Region, separate and distinct from the Bicol Region.
Two COCs involving Catanduanes had been issued in the past by the Department of Energy (DOE): the 2008 COC issued to Monte Oro Resources Energy Inc. (MOREI) covering 7,000 hectares in Panganiban, San Andres and Caramoran; and the same COC awarded in 2012 to Altura Mining Limited of Australia through its Philippine subsidiary.
Both contracts were not realized, partly due to the strident opposition by residents and the Diocese of Virac.