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Reclaiming the Tohking tunnel

MANKAYAN, Benguet (Oct. 28) — Lakay (elder) Nick Sab-it is 63 years old and is a member of the prominent and landed Sab-it clan of this mining town. The clan owns at least 24 hectares of land located in the boundaries of barangays Palasaan, Sapid and Bulalacao of Mankayan. Tohking, which literally means sloppy area in Kankanaey, is a part of their property. Located at the foot of Tohking is a tunnel which is approximately 300 meters long and 15 to 20 meters in height and width.

“Our ancestors used this place an evacuation area during the Japanese occupation period,” explained Lakay Nick.

In a recent visit to his home, he shares in Ilocano and Kankanaey how their ancestor’s historic refuge was seemingly taken away from them deceivingly. On November 7, 1995, they were convinced to sign a contract granting the Lepanto Consolidated Mining Company ( LCMCo) a 25-year lease to a part of their land.

The historic Tohking refuge tunnel is now used as the Lepanto exhaust tunnel. Its effects to the community have stirred up strong local opposition against LCMCo’s use of it.

Tohking lease

Sometime in 1995, the LCMCo mining operations included the underground areas of Palasaan, Sapid and Bulalacao. To pave the way for the operation, the company tried to convince the Sab-it clan to sell a part of their ancestral land. But Lakay Nick and members of his family did not agree to a sale. Instead, they settled to lease to LCMCo 2,000 square meters of their property where the Tohking tunnel is located.

The contract was signed and took effect on November 7, 1995 with a duration of 25 years and renewable at the option of the lessee. The rental for the 2,000 sq. m.land was fixed at P30, 000 for the whole duration of the contract or at P 1,200 per annum.

This means that since November 7, 1995 – November 7, 2020, LCMCo is obliged to pay the Sab-it clan P3.29 daily.

The 25 years rent was paid upon the execution of the contract.

Deception employed?

Lakay Nick explained that the clan members agreed to lease the property for two main reasons: first, the area will be utilized as ventilation to provide air to the workers according to the company; and, second, to sand fill the holes in their underground which were made due to the mining operations.

Being a former worker of LCMCo himself, Lakay Nick understands workers’ need for proper ventilation. He also said that they also saw the importance of filling up the mined-out areas of their underground, believing that this can prevent the eventuality of the sinking of Tohking.

Prior to the contract signing, it was never mentioned to them that the Tohking tunnel was intended by the company to be an outlet for the smoke emissions from the mines.

Exhaust tunnel operations

The Tohking exhaust tunnel started its operations in 1996.

Residents in the area recall that since that time, a number of people in their community have consistently been complaining of cough, fever and other respiratory diseases.

Even their farm animals were not spared from the effects. They observed the nose bleeding and death of cows and pigs.

The residents submitted a petition to the DENR in 1997 in order to stop the exhaust tunnel operations. On that same year, the Department temporarily ordered LCMCo to stop using the exhaust tunnel. It conducted an investigation but until now, according to the affected communities, the DENR findings were never released nor shared to them.

Lately, LCMCo filed an application to the Environmental Management Board (EMB) for it to be able to use the Tohking tunnel. The gold production in the Teresa Ore Project entails the need for an exhaust tunnel. A temporary permit for 90 days was granted by EMB-CAR on September 6, 2004. Accordingly, the company is required however to renew its temporary permit or apply for a permanent one. An “emission test” was allegedly conducted in the area in the presence of personnel from the EMB and Berkman System Incorporated. The result allegedly passed the air standards set by the EMB.

No representative from the affected communities was invited to witness the test.

After the testing and prior to the granting of the LCMCo temporary permit, residents from the affected barangays filed a petition to the EMB, the Mankayan Sangguniang Bayan, and the Sangguniang Panlalawigan. They stated their opposition against the reopening of the Tohking exhaust tunnel.

Despite this, the exhaust tunnel resumed its operation on October 17. They added that emissions usually occur between 9 pm to 3 am since then.

Due to the affected residents’ consistent opposition, the LCMCo allegedly conducted a signature campaign for the workers to support the re-opening of the exhaust tunnel. The company claimed that 1,500 workers signed the petition. Reliable sources however claim that only 490 signed the so called “petition” and some signatures were patently forged and were done by one person.

Vacillating Mankayan officials

The residents submitted their petition to the office of Mayor Manalo Galuten and the Sangguniang Bayan. Both offices endorsed their petition to the EMB for appropriate action. It also gained the support of the municipal government of Cervantes, Ilocos Sur through a resolution.

In a press conference by LCMCo officials in Baguio City, Mankayan SB member Florence Tingbaoen admitted that the August body endorsed the residents’ petition against the Tohking exhaust and, at the same time, endorsed the workers “petition” for the exhaust operation.

Residents claimed that the endorsements have sent mixed signals to the people. The officials, they said, should have taken a position based on the merits of the issues and endorsed only one.

Lack of consultation

Residents maintained that the company and the necessary government institutions failed to hold a genuine consultation before the temporary permit was granted. The required free, prior, and, informed consent (FPIC) was also not acquired from the ancestral land owners of Pacda before the reopening of the Tohking exhaust tunnel and the Teresa Ore.

They pointed out that like the Victoria Gold I and II, the Teresa Ore has no environmental compliance certificate (ECC) before it started its operation. “Concerned government agencies are mute about it. It seems that the permanent permit or even their (LCMCo’s) ECC is already prepared by the EMB/DENR,” residents said.

Legal remedy

Atty. Randy Kinaud of the Cordillera Indigenous Law Center (DINTEG Inc.) claimed that the remedy to the “lopsided” contract is to for the lessor to rescind it should he wish to. The contract was made on the belief that the lessee will use the tunnel for providing air to the underground. LCMCo instead used it as an exhaust tunnel where substance is emitted. Also, the amount for the lease stated in the contract is unconscionable. The contract is almost in the nature of a donation, as the lease for the 2,000 sq. m. is a measly amount P3.29 per day, he added.

A lot of residents have noted that the payment for the land lease is so low considering that the LCMCo has the capacity to offer a higher amount. LCMCo is considered a top gold producer of the Philippines and the whole Asia Region. It has registered P 2.5 billion total sales for the year 2003 or at least P 6.8 million per day. There is an expected increase of profit due to the company’s Teresa Ore project for the next 15 years.

Reclaiming their loss

Lakay Nick and his clan share the sentiments of the mining-affected communities. They are thinking of rescinding the contract and reclaiming what they have lost to put a stop to the ill effects caused by the exhaust tunnel. Recently, they joined the residents urging the Sangguniang Bayan to adopt a favorable resolution to their petition.

For Lakay Nick, this does not mean that they are against the workers’ rights to proper ventilation. He said that the company can use three existing areas for ventilation purposes - the Tubo, Nayak Twin Decline, and Buaki main portal.

The Tohking tunnel saved the lives of Lakay Nick’s clan during the Second World War. It has been a refuge – a symbol of protection not of destruction and the Lakay Nick and the community wants its essence preserved. This is the wisdom behind their bid to reclaim the Tohking tunnel. # Arthur L. Allad-iw for NORDIS

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