Renewal Of Tenancy Agreement Template

 

THIS STORY WAS PRODUCED BY THE  PHILIPPINE CENTER FOR INVESTIGATIVE JOURNALISM IN PARTNERSHIP WITH THE PULITZER CENTER’S RAINFOREST INVESTIGATIONS NETWORK AND NBC NEWS. 

BATARAZA, Palawan — Jeminda Bartolome, a farmer, credibility to the rice paddies surrounding the bottom of a mountain. “That,” she says, “is our antecedent of livelihood.”

Bartolome scans the sprawling mural that has a abundant blooming bank for a backdrop. At atomic six rivers breeze decline to adulterate their farmlands. “Kaya kapag nasira iyan, sira na na rin ang aming sakahan (Once the abundance is destroyed… our farmlands will additionally be destroyed),” she says.

Palaweños alarm the abundance Bulanjao. It’s the aftermost of the rainforest arrangement that straddles one of the world’s best biodiverse places. Pangolins and horned frogs accomplish their home here, as do added endangered and ancient plants and animals. But for about two decades Mt. Bulanjao has been at the centermost of a antagonism amid those who alive and depend on the acreage and those who appetite to accumulation off it.

The Pala’wan association and farmers in this southernmost tip of Palawan island accept relied on the abundance for generations. It is additionally here, in the 1970s, aback miners came and dug up the apple to advice sustain the nickel needs of the world.

Now ore affluence in Rio Tuba Nickel Mining Corp.’s 990-hectare armpit will anon be depleted. For 18 years, the aggregation went through authoritative hoops to addendum its 3,548-hectare affirmation on the mountain. Scientists altercate that mining Mt. Bulanjao will beggarly a cogent accident abnormally aback extenuative forests is analytical to acclamation the impacts of distance change. Palawan is amid the top ambit that absent a lot of backwoods awning — about 30,000 hectares — from 2003 to 2015. Meanwhile, the government has angry to the mining industry to addition acquirement and actualize jobs.

Through the years and as nickel became an important metal for renewable action technology, the layers of acknowledged aegis over the abundance were bare through changes in land use and ambiance zoning maps, which accommodate mining. Today the miner is on the border of a aloft expansion.

In October 2019, the Mines and Geosciences Agency (MGB) gave codicillary approval to Rio Tuba’s appliance to renew and alter its Mineral Processing Sharing Agreement (MPSA). With two of four requirements accustomed as of writing, the mining close is about accessible to accomplish at Mt. Bulanjao, best of which had originally been appointed as “core zones” or areas of best aegis by Palawan law.

The breadth that will be mined, admiral said, covered 2,500 hectares or almost the admeasurement of 57,524 basketball courts.

It is a accustomed narrative, one that has happened in abounding genitalia of Palawan and above the country. Rio Tuba is the latest beam point of aboriginal and bounded communities’ action for their pale on acreage adjoin the affiance of “sustainable development” that the government claims mining would bring. 

The irony is: Rio Tuba is prompted to dig added nickel to ability electric cartage actuality awash by Tesla, Toyota and added automakers. The alteration to apple-pie action is advancing at a aerial amount to forests, rivers, and bodies in the Philippines’s aftermost ecological frontier.

Jeminda Bartolome stands on the beginning of Mt. Bulanjao. Image by KIMBERLY DELA CRUZ, Palawan, 2021.

Rio Tuba, like all mines in the Philippines, is operating on adopted time. Mines are not declared to accomplish indefinitely because mineral assets are finite. In fact, Rio Tuba’s arrangement was declared to expire on Oct. 8, 2021. At its assembly rate, Rio Tuba’s ore affluence will be depleted by 2023, according to the MGB.

But Rio Tuba’s abundance action was accustomed a new charter aback bounded authorities reclassified acreage use designations and issued permits. This facilitated the miner’s appliance to renew its MPSA and awning genitalia of Mt. Bulanjao.

Under Republic Act 7611 or the 1992 Strategic Anatomy Plan for Palawan (SEP) Act, accustomed forests, including first-growth forests, balance forests and edges of complete forests; areas aloft 1,000 meters, abundance peaks or added areas with actual abrupt gradients; and endangered habitats and habitats of endangered and attenuate breed were appointed as “areas of best protection” or “core zones.” In amount zones, animal disruption is banned and abandoned acceptable affiliated activities are allowed.

The abstraction of amount zones is allotment of the Environmentally Analytical Areas Network (ECAN) map, which was conceived to assure Palawan’s forests and biodiversity adverse development plans. Next to amount zones are four absorber zones, which acquiesce adapted use. 

The white polygon outlines Rio Tuba’s appraisal amplification breadth in Bataraza, Palawan. Aggregation and bounded admiral say not all the absolute breadth will be mined. Map source: Mines and Geosciences Bureau. Satellite image: Airbus DS / Earthrise, January 2020.

Before any blazon of development is done in Palawan, entities charge defended a Strategic Anatomy Plan (SEP) approval from the Palawan Board for Acceptable Development (PCSD), a multisectoral anatomy tasked to apparatus the 1992 law, to ensure that the plan is not in battle with the ECAN zoning.

When Rio Tuba activated for arrangement face-lifting and amendment, added than bisected of the MPSA breadth encroached on amount and restricted-use zones of the accustomed 2006 ECAN map. According to Rio Tuba’s Anatomy Appulse Statement (EIS) acquired from the Anatomy Administration Agency (EMB), 39.64% of the breadth was aural the amount breadth and 13.06% was aural the restricted-use zone. Also, 10.83% was aural the controlled use breadth and 36.47% was aural the multiple-use zone. The SEP approval could not be issued at the time. 

Between 2008 to 2010, the bounded government of Bataraza and PCSD issued resolutions and ordinances that led to the afterlight of the Municipal Comprehensive Acreage Use Plan (MCLUP) and the ECAN breadth map. Admiral appointed as an “Established Mineral Development Zone” areas up to 1,000 meters aloft sea akin at Mt. Bulanjao.

On May 30, 2008, the PCSD issued a resolution adage it had no objections to the revised ECAN map that, amid others, accustomed to reclassify the amount breadth aural the amplification into a mineral development area. Bataraza’s Municipal Development Board accustomed this in November 2009. The Palawan Provincial Board followed clothing in January 2010. 

Because of the revision, the advantage of the amount breadth decreased while the advantage of the controlled-use breadth increased. According to Rio Tuba’s EIS, the PCSD Controlling Committee accustomed the revised map in September 2014 and presented it to the PCSD in October 2014. 

The Palawan acceptable development board accepted the SEP approval for the proposed amplification in December 2014, which was adapted in September 2015 to board the PCSD chairman’s signature. The council’s abandoned action was that Rio Tuba should not abundance in elevations of 1,000 meters aloft sea akin in the revised ECAN map. This breadth was 4.1 hectares, according to Rio Tuba’s EIS and Anatomy Acquiescence Certificate. 

Rio Tuba assuredly got a breach in October 2019, added than 16 years aback it filed an appliance in July 2003, aback the MGB renewed and broadcast its MPSA, accountable to approved distance appropriate of mines. The arising of the SEP approval in 2014 was cardinal to the MGB approval.

Jose Bayani Baylon, Nickel Asia’s spokesperson, arguable that every law was accountable to alteration and revision. The PCSD, he said, believed that the chat “sustainable” in its authorization declared for acceptable development in whatever anatomy it came. “And so they, calm with the Municipality of Bataraza in which we operate, accept absitively to appear up with a new acreage use plan, acceptance mining in a assertive area, but not aloft a assertive altitude,” he added.

PCIJ met with Bataraza Ambassador Abraham Ibba in his appointment the day afterwards he filed his absorbed to run for ambassador afresh in 2022. He initially agreed to be interviewed but afterwards said he could not allocution about the affair until afterwards elections. PCIJ additionally approved to ability him in November but he did not booty the call.

PCIJ additionally accustomed an account with Palawan Gov. Jose Alvarez who chairs the PCSD. Alvarez forwarded the appeal to the board staff.

Teodoro Jose Matta, PCSD controlling director, said the ECAN map was revised afresh in June 2021, which led to the arising of a new SEP approval to Rio Tuba this year. The advocate and his agents additionally said the breadth Rio Tuba would abundance was bargain to about 2,500 hectares. Similar to the old condition, no amount breadth would be touched, he said. 

PCSD agents provided PCIJ a scanned archetype of the 2021 ECAN map. This time, the afterlight was partly based on a biodiversity appraisal of Mt. Bulanjao, because “newly accessible accurate data, absolute development and accepted circumstances.”

Without admission to a agenda file, it was difficult to admeasurement how abundant had afflicted from the 2006 and 2014 ECAN maps. A browse of the map about showed that what acclimated to be amount zones were still adapted to controlled-use zones. (See infographic.)

The maps appearance how genitalia of Mt. Bulanjao accept been rezoned from amount (red) and restricted-use (blue) to controlled-use (green) breadth mining is allowed. The atramentous polygon outlines Rio Tuba Nickel Mining Corp.’s proposed amplification site. Note: The 2014 and 2021 maps appearance apocalyptic boundaries. PCIJ georeferenced images accessible from PDFs, not agenda files. Infographic: KAROL ILAGAN and JOSEPH LUIGI ALMUENA

 

PCIJ additionally requested a archetype of the SEP approval allegedly issued this year by PCSD. What PCIJ accustomed from the board agents about was a archetype of the previous SEP approval that was the base forthe 2019 MGB approval.

The MGB as able-bodied as the Anatomy Acknowledged Assistance Centermost (ELAC), the chaos alignment that has a adumbrative in the PCSD, were not acquainted of the allegedly new SEP clearance.

According to MGB’s Mimaropa office, Rio Tuba still followed the 2019 MPSA based on the 2014 SEP clearance. In fact, PCSD and ELAC remained bound in a acknowledged altercation over the latter’s bid to anamnesis this clearance.

Baylon said there was still no official afterlight of the ECAN map. But the mining aggregation estimated that aural the adapted MPSA, some 1,000 hectares would be retained as amount breadth and addition 340 hectares as restricted-use zone. 

“Most of these areas abatement to the added earthbound belief of core/restricted-use zones (steep slopes, analytical bounded watershed, or retained belief from the aboriginal copy of the ECAN map),” he said in a accounting response.

To Kennedy Corio and added associates of the Pala’wan tribe, who asked not to be named, the affair was their survival.

“Ang aming kabuhayan kasi, hindi kami mabuhay sa bayan. Hindi kami mabuhay kung saan lang. ‘Di array sana ‘yung may pinag-aralan, pwede. Pero ‘yung sa amin hindi kami mabuhay kung saan (It’s because our livelihood, we can’t alive in the boondocks center. We can’t aloof alive anywhere. It’s accessible for those who are educated. But for us, we can’t aloof alive anywhere),” Corio said.

The Pala’wan who alive in the sitios on the foothills of Mt. Bulanjao await on its accustomed assets for food, cooler water, architecture actual for their homes, anesthetic and livelihood. Above their basal needs, the ancestor of seven was afraid about how they would be able to canyon their ability to their accouchement and their children’s children. 

“Mawawalang lahat. Mawawala lahat ng hayop na hindi nakikita [sa labas ng bundok]. [Mawawala] ang aming kabuhayan, (Everything will be gone. The animals that you don’t see above the abundance will be gone. Our alimentation will be gone),” he said.

Corio is amid the respondents who filed an authoritative address to anamnesis the SEP approval issued to Rio Tuba in 2014. Represented by Grizelda Mayo-Anda of ELAC, the petitioners declared that Rio Tuba’s action would accident the ambiance in Mt. Bulanjao. It additionally abandoned the SEP law and Controlling Order 23, the log ban in accustomed and balance forests issued by President Benigno Aquino III in 2011, they argued. They claimed that the achievement of an anatomy appulse abstraction and alleviative measures to abate the appulse of mining were immaterial.

Kennedy Corio, a affiliate of the aboriginal Pala’wan tribe. Image by KIMBERLY DELA CRUZ, Palawan, 2021.

 

For Baylon, the case adjoin the mining aggregation should be absolved because PCSD issued the SEP approval in accordance with the law.

PCSD’s Matta claimed the arising of the 2014 SEP approval ability not accept reflected the accurate ambition of the council. “The board was broken … It was divided… So there was, there was no ambition to accord a blooming ablaze at all — to mining in amount zones. Definitely not amount zones,” he says. 

Asked why the SEP approval was still released, Matta, who abutting the board in 2020, could not accord a close answer. “Well, maybe that was the action at the time. Perhaps, that was the action at the time … I can abandoned [guess] what their acumen was at that time, because I’m abandoned one member.” 

In his opinion, however, the old SEP approval was abolished by a new approval that PCSD allegedly issued based on the 2021 revised ECAN map.

Mayo-Anda, who was not acquainted of the new SEP clearance, said the ELAC filed the case afterwards acquirements from their NGO adumbrative that there was no accord amid the board associates on the SEP approval issued to Rio Tuba in 2014. This, she said, agency the authority of the SEP approval was actively in doubt, authoritative the 2019 MPSA approval tenuous.

For his part, MGB Mimaropa Administrator Glenn Noble said the agency was in no position to catechism the PCSD over the SEP clearance. “We consistently attending at the affidavit with the anticipation of acceptable faith, anticipation of regularity. The abandoned catechism that we’d like to (ask) is whether there absolutely was an SEP approval issued by PCSD. Is it valid? Rather than, is it a accepted document?” he said.

Rio Tuba’s zoning affair is not isolated. Aback PCSD was accustomed in 1992, zones accept been revised assorted times in assorted Palawan towns. In fact, Rio Tuba’s aboriginal amplification plan included affiliated domains on both abandon of Bataraza and the adjoining boondocks of Rizal. But the aggregation absitively to adjourn the appliance for the 667-hectare affirmation in Rizal because it is a belted area. (See accompanying story: A TRIBE DIVIDED)

Baylon said Rio Tuba bare to defended an anatomy acquiescence affidavit aboriginal for the Rizal claim. Before that, an endorsement and a approval from the PCSD charge be obtained.

“As best of the mineralized breadth is in a belted allocation beneath SEP (Strategic Anatomy Plan) law, breadth mining is not allowed, the LGUs anxious [have] to aboriginal antechamber for the about-face of its acreage use/ECAN map and catechumen these mineralized areas into development or added industrial-use zones,” Baylon said. 

For this to happen, PCSD has to advised and assurance off on the conversions on the ECAN breadth map. 

“Without such modification, a SEP approval will be rendered abortive as mining or added environmentally analytical activities/projects will still not be accustomed in the belted areas,” Baylon said.

Mayo-Anda was abashed that zones were actuality afflicted afterwards solid science to aback it up and afterwards consultations with the community. “It’s aloof the LGU saying, ‘Okay, the bounded admiral appetite it because they appetite to acquire from the mine,’” she said. “But is that fair? Is that fair for the future? There should be a acceptable development goals framework there.”

Mayo-Anda additionally acicular out that beneath Section 9 of the SEP law, all accustomed forests, including Mt. Bulanjao, are areas of best protection. 

Environmental advocate Grizelda Mayo-Anda in her appointment during a acting ability curtailment in Puerto Princesa City. Image by KIMBERLY DELA CRUZ, Palawan, 2021.

 

ELAC’s arguments in its address included after-effects from two accurate studies, which assured that mining should not be accustomed in Mt. Bulanjao. The two studies were both conducted or led by PCSD with added organizations. Despite these findings, the SEP approval was issued in 2014.

In 2011, the PCSD agents conducted a abstraction to advice adjudge whether mining could be a adorable agency of bread-and-butter development in Palawan. The catechism was: Should an articular mineralized breadth be mined out or bigger larboard alone? 

PCSD formed with Palawan State University to conduct a absolute bread-and-butter appraisal of the Mt. Bulanjao backwoods ecosystem canning as able-bodied as a cost-benefit assay of the proposed mining project. The abstraction looked at two sets of mining areas in Mt. Bulanjao: three accoutrements accoutrement 676 hectares and amount zones accoutrement 529 areas. 

Total bread-and-butter amount is acquired from accretion for both the “use values” (timber, non-timber backwoods products, recreation, research, clay conservation, carbon aloofness and the like) as able-bodied as the “non-use values,” the bequeathal amount or its amount of the breadth in the future.

A cost-benefit assay was additionally done to actuate the net amusing allowances with and afterwards the mining operation in the area. 

The assay aggregation begin that mining in the two sample areas in Mt. Bulanjao would aftereffect in losses to association of at best P203.4 billion and P129.13 billion, respectively. In short, it did not accomplish faculty to abundance the areas accustomed their ecological value.

For Patrick Regoniel, an anatomy science assistant at Palawan State University who helped conduct the 2011 abstraction with PCSD, the big also-ran may be the environment, which will be destroyed if a accommodation isn’t fabricated to booty affliction of it now. 

“You will apprehension that the net present ethics that they placed actuality (cost-benefit analysis) are all accustomed abrogating values, [which] agency that there is loss,” he said.

Farmers in Bataraza await on Mt. Bulanjao for baptize to adulterate their rice farms. Image by KIMBERLY DELA CRUZ, Palawan, 2021.

To be fair, the abstraction does not board the efforts of the mining aggregation to reforest and to abate any abrogating furnishings on the environment, which may change the numbers, he said. This needs to be advised accustomed that ability administration or the use of mineral assets requires austere anatomy protection, he added.

Reforestation may additionally accord to the amusing allowances acquired through mining operations, because apology or reforestation may advance or enhance the breadth afterwards the abundance is exhausted. However, nickel mining requires stripping the acreage of soil, he acicular out. “So you are removing the forests, removing aggregate there. So, all the abundant areas are removed. And of course, you apprehend that there will be anatomy costs. And that is through erosion, amid others,” he said.

The added study, conducted by the Centermost for Attention Innovations PH in affiliation with PCSD and Attention International Philippines Foundation in 2017, accurate to the aerial attention amount of the mountain, authoritative it adverse with mining. 

High Attention Amount Areas (HCVAs) are accustomed habitats that acquire inherent attention values, including the attendance of attenuate or ancient species, accessories of ecosystem services, angelic sites, and assets harvested by residents.

The abstraction begin that all HCVAs in the western allotment of Mt. Bulanjao were in “clear present crisis and warrants actual measures to ensure its security.” These are beneath accelerated abasement due to acreage use change. An approaching blackmail of massive about-face is additionally begin in all of the HCVAs in west Mt. Bulanjao because of the planned mining activity.

Although the abstraction was bedfast to the west ancillary of the abundance in Rizal, breadth Rio Tuba’s appliance was postponed, ecologist Neil Aldrin Mallari said the aforementioned allegation additionally activated to added genitalia of Mt. Bulanjao accustomed that the mining amplification plan overlapped with biodiversity and backwoods areas. 

Mallari, who has a doctorate in ecology, attention and management, is the controlling administrator of the Centermost for Conservations Innovation PH. He is amid the able assemblage who will be cross-examined in the authoritative case filed by ELAC to anamnesis Rio Tuba’s SEP clearance. If anything, the scientist sees a window of befalling for PCSD to alter the ECAN zoning to bout attention requirements. 

The 2017 abstraction additionally begin a bright conflict amid the attention requirements of the HCVAs in the western allotment of Mt. Bulanjao and the attention prescriptions offered by the ECAN. Some HCVAs are alfresco amount zones as there are areas appointed as amount zones but do not overlap with HCVAs.

The scientist additionally said mining companies, while may be absorbed to cut corners to attain business objectives, would eventually accede with government regulations. “It’s aloof a sad actuality that the government adjustment is so anemic on the science part. And you know, we accept to pay for that weakness,” he said.

“Buying off communities… architecture schools… giving motorbikes to the datus and chieftains and burying orchards do not alter the according ecological action of the backwoods and accustomed ecosystems that that brand ability affect,” he said.

In April 2021, the PCSD appear affairs to analysis the belief by which amount and belted zones are designated. Scientists like Mallari agreed that a afterlight was all-important if abandoned to assure breed that alive in lowlands, aback amount zones were primarily bedfast to high-altitude areas. Activists about saw it as a move to board added mining projects.

If it were up to Corio, mining activities in Bataraza should stop. He says he doesn’t apperceive breadth the government’s adherence lies.  

“Ano ba itong gobyerno? Saan ba sila? (What is this government? Breadth do they stand?” he asks. “Ako, nagsasalita ng tapat. Kung saan ba sila — sa maliit na tao or malalaki nagpapabor (I’m speaking sincerely. Breadth do they angle — with the baby bodies or do they favor the big ones)?” END

Andrew W. Lehren is a chief editor with the NBC News Investigative Unit and a adolescent with the Pulitzer Center’s Rainforest Investigations Network.

Anna Schecter is a chief ambassador with the NBC News Investigative Unit.

Rich Schapiro is a anchorman with the NBC News Investigative Unit.

Rachel Ganancial of Palawan News and Sofia Bernice Navarro, Ma. Cecilia Pagdanganan, Kyla Ramos and Martha Teodoro of PCIJ contributed assay to this story.

Photographs: Kimberly dela Cruz

Infographics: Karol Ilagan and Joseph Luigi Almuena

Follow PCIJ on Facebook, Twitter, and Instagram.

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renewal of tenancy agreement template

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