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Parents to sue Philex for non-admission of 200 students

LA TRINIDAD, Benguet (July 15) — Several parents in Tuba and Itogon towns in Benguet are preparing a lawsuit against the Philex Mining Corporation for denying the enrollment of some 200 students in two schools located inside its mine site. Some of the students who were denied admission in the said schools are graduating from the elementary and high school. The parents branded the non-admission as discrimination of indigenous peoples.

The affidavit-complaint of the 27 parents, who are Tuba and Itogon residents, is already prepared by their lawyers and is expected to be filed at the Provincial Prosecutors Office next week. The legal case is the last alternative of the parents to pursue their children’s enrollment at the Philex Mines Elementary School and the Saint Louis High School – Philex. The company allegedly failed to heed the snowballing call by both local and national officials to accept the enrollment of the students.

The criminal case being prepared by the parents is anchored to the violation of equal protection and non-discrimination of indigenous cultural communities which are prohibited under the Indigenous peoples’ Rights Act (RA 8173) and the Anti-Children Abuse Act (RA 7610).

A copy of the affidavit-complaints provided to NORDIS showed that most of them are members of the different tribes in the Cordillera, who have been in Philex for years, some have even served for more than 40 years as employees of the company.

Discrimination

Parents interviewed by NORDIS claimed that at least 200 elementary and high school students were not allowed by the company to enroll at the elementary school and high school in their mining area. Philex has been operating a mine in the towns of Tuba and Itogon of this province for the past 47 years.

Mrs. Rose Nueva from Ifugao, who has resided in the area since 1970, claims that the company’s non-acceptance of her children’s enrollment caused her nothing but anguish. Her two children, who should be third and fourth year high school students were forced to enroll outside Philex.

“As a result of the company’s refusal, I was forced to enroll Jan Michael in Potia, Ifugao and Jan Mark in Baguio City as third year and fourth year students, respectively. We were forced to live separately, causing me more anguish. Jan Michael called me up crying due to his difficult situation in his new environment, which further broke my heart,” she adds in her affidavit-complaint.

Malikias Baldo, a Kankanaey from Mt. Province, lived in the area since 1967 when his father worked for the company. He was 7 years old at that time. He also worked for Philex and was later retrenched, but chose to stay in the area.

He was forced to enroll his two children in a school in nearby barangay Ampucao, Itogon which is 15 kilometers away from the place.

He claimed that this is a discrimination policy. “I do not see how they (his children) are different from the members of the TIHCOSAPI who are the only members recognized as members of the indigenous peoples living in the area and they are the only ones allowed to enroll in the schools,” added Baldo. TIHCOSAPI members are allegedly accredited by the company as the only recognized members of indigenous communities.

He claimed that the issue caused him additional expenses and much to worry for his children’s safety as they need to travel daily.

Another complainant claimed that Philex Mines has been harassing her and her family to leave their house. Lately, she was told to abandon her stall at the market despite the business permit issued by the Tuba local government. Her vending in the market is her family’s source of livelihood.

Decongestion program

The non-admission of the school children by Philex Mines is part of the company’s decongestion program which they tried to impose last year. The company, this year, issued an advisory to the parents of the almost 200 students that their dependents would not be accepted by the two schools.

The said students are excluded allegedly because they are not dependents of present employees. Most of the parents are former employees and members of the different tribes of the Cordillera.

Parents however claimed that they are not urging the company to pay for their children’s school fees as they are ready to pay for these fees. Yet their plea falls on the company’s deaf ears.

The parents sought the help of provincial politicians, Dep Ed (Department of Education) officials, and national officials. Senator Juan Flavier, Dep Ed Schools Superintendent Mary Namuhe, Regional Director Remedios Taguba, and Gov. Borromeo Melchor and the Provincial Board heeded their call but the company failed to consider this development, parents claimed.

Real reason

NORDIS sources, who preferred to remain anonymous, claimed that the company’s decongestion program is questionable.

Philex Mines has a 50-year permit to mine in the area. It is in its 47th year of operation. With the remaining year, what is the reason for the decongestion, one of the NORDIS sources claimed. “This is plain discrimination. Or there are deeper reasons for this decongestion,” he said.

Another source claimed that the area is being considered possible for either mining expansion or residential sub division. # Arthur L. Allad-iw for NORDIS

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