A Look at Small-Scale Mining in Banaybanay, Davao Oriental

Abstract / Excerpt:

Executive order 79 (EO 79) states what should be done by the mining sectors and how they should act in accordance with the law. It lays down guidelines designating areas where mining should not be operated, to wit, near cemeteries, archaeological sites, waterways, reservoirs, old growth forests, protected areas and prime agricultural lands. It includes a review on existing mining agreements entered into by the government, both large-scale and small-scale operations. It sets standards for small-scale mining in the extraction of precious minerals.

Full Text

Executive order 79 (EO 79) states what should be done by the mining sectors and how they should act in accordance with the law. It lays down guidelines designating areas where mining should not be operated, to wit, near cemeteries, archaeological sites, waterways, reservoirs, old growth forests, protected areas and prime agricultural lands. It includes a review on existing mining agreements entered into by the government, both large-scale and small-scale operations. It sets standards for small-scale mining in the extraction of precious minerals.

EO 79 provides benefits that redound to the people, putting a face to the 1987 Philippine Constitution. Among these are Section 1, Article XII that mentions equal distribution of opportunities, income, and wealth to all sectors in society and paragraph 3, section 2, Article XII which expressly allows the small-scale utilization of mineral resources of Filipinos.

How does the community perceive small-scale mining operations in the area? How did these impact their lives? To find some answers to these questions, the researchers visited four barangays in Banaybanay, Davao Oriental, namely Barangay Kauswagan, Barangay Mahayag, Barangay Pintagan, and Barangay Puntalinao, and conducted an informal research using two research tools: questionnaire survey and Key informant Interview (KII). These were given to the workers and non-workers in these mining sites.

Info
Source JournalMindanao Law Journal
Journal VolumeMindanao Law Journal Vol.5 No. 5
AuthorsMaedelyn G. Amella, Rina D. Eusebio, Bernmarie G. Gentiles, Ruhiel T. Manuel, Sherwin Matucol
Page Count6
Place of PublicationDavao City
Original Publication DateJanuary 1, 2014
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