LGU Extracting Sand and Gravel
Sans Permit Violates Mining Code
Do the local government units (LGU) of Aklan maintain a quarry in Aklan? If none, it is necessary for any LGU to get one so that municipality requiring sand and gravel either for its own project or for sale will have a legal source. Any LGU which mines gravel or sand from any source without its own permit is violating the Philippine Mining Law.
Gov. Carlito S. Marquez, in his State of the Province address stated, "There is a total of 21 quarry permitees in Aklan as of the end of 2006, 17 for commercial sand and gravel, 2 for industrial sand and gravel, one for clay extraction and another one for small-scale mining of manganese.
Governor Marquez did not identify who are these 21 permitees. Any LGU which quarries without a mining permit is enjoying undue advantage specially if the sand and gravel digged are sold to private persons. Any LGU engaged in sand and gravel marketing to private firms and individuals must be treated similarly with any sand and gravel dealer as they are also competitors. Even if the sand and gravel extracted by any LGU is used for government project, the more urgent for any LGU to get the necessary mining permit.
40 – 30 – 30
For the gravel and sand extracted, a permittee pays. The amount collected is divided among the barangay where the quarry is located, the municipality where that barangay belongs, and the province at a proportion of 40–30–30. So that the barangay gets 40 percent, the municipality gets 30 percent and the province, in the case Aklan, gets 30 percent out of the fees the permittee pays.
Should the LGU possessed no sand and gravel quarry, therefore it paid no fee for the quantity of gravel and sand extracted. The barangay where that LGU extracts sand and gravel gets nothing out of its natural resource. Should that LGU sells its gravel extracted to corporation and private individuals, then it is unfair to legitimate legal sand and gravel dealers.
What benefits the barangays and municipality will have if the LGU extracting sand and gravel is not a quarry permittee? This means, the extraction site is not identified. There is no barangay resolution on the matter, no resolution even from the concerned LGU itself and no Environmental Certificate of Compliance from DENR. Hence, any violation of environmental by that LGU, nobody and nobody is responsible.
There is the urgent need therefore for all LGUs which are engaged in the extraction of sand and gravel to secure and properly maintain sand and gravel quarry. The site must be properly identified with proper signages.
The DENR officials are expected to look into this matter. The Sangguniang Panlalawigan and the Sangguniang Bayan in the case of municipality are expected to enact appropriate ordinance for the matter.
Reforming The Cops
Acting Aklan police director Senior Supt. Benigno ‘Bong’ Durana warned policemen caught inside the cockpit arenas to reform and protect the good image of the Philippine National Police (PNP) or face sanctions.
He advised the cops to reform as he vowed to conduct more surprise inspections in police stations in Aklan.
Durana wishes to improve the quality of life of the Aklanons through capacity building of police and the community as well as internal reforms of the entire Aklan police. "The policemen should be at the forefront of obeying the pertinent rules and regulations governing the PNP organization," Durana stressed.
He advised the policemen of Aklan to refrain from doing unworthy acts as he will not hesitate to discipline erring personnel caught in cockpits.
Durana assumed as Police Provincial Director of Aklan on January 13, a week before the Kalibo Ati-Atihan festival. "The police officers should serve as models not only for others in the organization but also to the community they serve," Durana stressed. He will conduct on the spot visits to police stations as a response to the PNP’s call to discipline its rank. /MPmailto:madyaas_pen@yahoo.com
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