ENVIRONMENTAL IMPACT ASSESSMENT
ON DREDGING OF CAGAYAN RIVER
(MINES GEOSCIENCES BUREAU GROUP)
MGB GROUP MEMBERS KRISHA T. BALUBAL
HANNAH PEARL ARAŇEZ MARK CANAY ESGUERRA
JOMER A. CASIRAYAN GRACHELLE ANN B. SERRANO
SYMONE ANGELO M. CALUYA ALLAN VIERNES GALAY
JETT DUMAYAG MIGUEL KARL LENIN B. REMUDARO
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The Province of Cagayan has been long proposing its intention to dredge and rehabilitate
the silted mouth of Cagayan River as part of the disaster mitigation measures of the province. The
Governor of the province of Cagayan, Manuel Mamba, believes that the Cagayan River is one of
the major sources of livelihood and economic driver of the province but also the cause of
destruction of lives, properties and livelihoods.
Under Section 16, Article II of the 1987 Philippine Constitution, it is the general policy of
the State to protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature. In order to protect and properly manage the
disposition of sand as well as restore the natural state and water flow of the heavily-silted river
channels within the country, the DENR and the MGB issued various guidelines in the conduct of
dredging within waterways or other inland bodies of water.
Sometime in April 2019, the Department of Public Works and Highways (DPWH),
Department of Environment and Natural Resources (DENR), Department of the Interior and Local
Government (DILG) and Department of Transportation (DOTr) issued JMC 01, series of 2019
(JMC 2019-01) with the Subject: “Guidelines of the Issuance of Clearance and/or Permit for
Dredging Within Waterways or other Internal Bodies of Water”.
Section 5 of JMC 2019-01 prescribes the procedures for securing a dredging clearance or
permit for the following activities:
a. Dredging with commercial utilization of dredged materials (Section 5.1)
b. DWH Flood control dredging projects (Section 5.2)
c. Dredging projects for flood control, navigation and other purposes to be funded and
implemented by the LGU’s and other government agencies without commercial
utilization (Section 5.3); and
d. DENR River restoration through dredging activities (Section 5.4)
The proposed project of the Provincial Government of Cagayan falls under Section 5.4 of
said Department Order. Section 5.4 states that:
“DENR River Restoration through dredging activities in heavily silted river
channels, including disposal of extracted materials, shall be covered by a separate Order to
be issued by the DENR in coordination with DPWH. Issuance of the Dredging permit by
the DPWH shall be based on the Detailed Engineering Design Plans”.
Pursuant to the mandate of the above cited provision, the DENR issued Administrative
Order No. 2020-07 with the subject: “Rationalizing Dredging Activities in Heavily-silted River
Channels pursuant to the DENR-DPWH-DILG-DOTR joint Memorandum Circular No. 1 Series
of 2019.” This Administrative Order was pattered to the previous river restoration through
dredging in the provinces of Zambales, Oriental Mindoro and Negros Occidental.
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Under this Administrative Order, it is clearly declared that River Restoration through
Dredging Activities under Section 5.4 of JMC 2019-01 does not cover an Industrial Sand and
Gravel (ISAG) and Commercial Sand and Gravel (CSAG) regime since the activity to be
undertaken is dredging and not quarrying. This will not preclude, however, the entitlement of the
province to the share from the commercial disposal of the dredged material in addition to the
undertaking of the permit holder to restore the river thru dredging.
It is noteworthy to mention that under Sections II(4)(a), II(4)(e) and Section VI(1) of DAO
2020-07, grants the Provincial Government thru its Provincial Governor the authority to issue
permits or Notice to Proceed and operations permit in such application is even contrary to Republic
Act 7942 otherwise known as the Philippine Mining Act of 1995 and its IRR, the Department
Administrative Order No. 2010-21.
This might bring confusion to the application of the law and such would result into the
inconsistency between the Philippine Mining Act and DAO 2020-07. Bearing in mind that such
activity should be within MGB’s authority to regulate, and the DENR Secretary to approve and
not the Provincial Governor’s authority. Considering the following provisions of the law, to wit:
1. The authority of the MGB to issue mining permits is mandated is Section 9 of RA 7942,
it states that:
“Section 9. Authority of the Bureau. – the Bureau shall have direct charge in the
administration and disposition of mineral lands and mineral resources and shall
undertake geological, mining, metallurgical, chemical, and other researches as well
as geological and mineral exploration surveys.”
2. Mining in rivers is considered as “onshore Mining” while the dredged materials
containing minerals or elements that can be mined are considered as “ore”. Under
Section 3 (aj), RA 7942, “onshore” is defined as the landward side from the mean tide
elevation including submerged lands in lakes, rivers and creeks and under Section
3(ak), “Ore” is defined as a naturally occurring substance or material from which a
mineral or element can be mined and/or processed for profit.
Referring to the above described provisions of law, we believe that the Provincial
Governor’s authority to approve and issue permits pursuant to Section 138 of RA 7160 is limited
only under Sections 43, 46 and 47 of RA 7942.
Section 138 of RA 7160 is a provision on the Province’s taxing, thus it states:
Section 138. Tax on Sand, Gravel and Other Quarry Resources. - The province
may levy and collect not more than ten percent (10%) of fair market value in the
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locality per cubic meter of ordinary stones, sand, gravel, earth, and other quarry
resources, as defined under the National Internal Revenue Code, as amended,
extracted from public lands or from the beds of seas, lakes, rivers, streams, creeks,
and other public waters within its territorial jurisdiction.
The permit to extract sand, gravel and other quarry resources shall be issued
exclusively by the provincial governor, pursuant to the ordinance of the
sangguniang panlalawigan.
The proceeds of the tax on sand, gravel and other quarry resources shall be
distributed as follows:
(1) Province - Thirty percent (30%);
(2) Component City or Municipality where the sand, gravel, and other quarry
resources are extracted - Thirty percent (30%); and
(3) Barangay where the sand, gravel, and other quarry resources are extracted -
Forty percent (40%).
On the other hand, Sections 43, 46 and 47 of RA 7942:
Section 43. Quarry Permit. Any qualified person may apply to the
provincial/city mining regulatory board for a quarry permit on privately-
owned lands and/or public lands for building and construction materials such as
marble, basalt, andesite, conglomerate, tuff, adobe, granite, gabbro, serpentine,
inset filling materials, clay for ceramic tiles and building bricks, pumice, perlite and
other similar materials that are extracted by quarrying from the ground. The
provincial governor shall grant the permit after the applicant has complied with all
the requirements as prescribed by the rules and regulations.
The maximum area which a qualified person may hold at any one time shall
be five hectares (5 has.): Provided, That in large-scale quarry operations
involving cement raw materials, marble, granite, sand and gravel and
construction aggregates, a qualified person and the government may enter into
a mineral agreement as defined herein.
A quarry permit shall have a term of five (5) years, renewable for like periods but
not to exceed a total term of twenty-five (25) years. No quarry permit shall be issued
or granted on any area covered by a mineral agreement or financial or technical
assistance agreement.
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Section 46. Commercial Sand and Gravel Permit. Any qualified person may be
granted a permit by the provincial governor to extract and remove sand and gravel
or other loose or unconsolidated materials which are used in their natural state,
without undergoing processing from an area of not more than five hectares (5 has.)
and in such quantities as may be specified in the permit.
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Section 47. Industrial Sand and Gravel Permit. Any qualified person may be
granted an industrial sand and gravel permit by the Bureau for the extraction of
sand and gravel and other loose or unconsolidated materials that necessitate the use
of mechanical processing covering an area of more than five hectares (5 has.) at
any one time. The permit shall have a term of five (5) years, renewable for a like
period but not to exceed a total term of twenty-five (25) years.
It is clear from the above cited provisions that mining permits other than permits for the
extraction of industrial sand and gravel and quarry resources are excluded from the Province’s
approving authority. Such are vested to the DENR thru MGB.
As the Mines and Geosciences Bureau that has the mandate under the law to conserve,
administer, protect, development the use of the country’s mineral resources expressed its support
to the dredging project on heavily silted channel of Cagayan River thru the Regional Director, .
Mario A. Ancheta of Regional Office II.
During the virtual public consultation on the Restoration of the Cagayan River and its
tributaries hosted by the Provincial Government of Cagayan, Director Ancheta, expressed his
support to the said proposal and he said: “We will monitor the dredging plan and we will see if the
activities are aligned to the laws and policies. Actually, we have our initial assessment such as
bathymetric survey along Cagayan River”…… “We also conducted analysis in some parts of
Alcala, Camalanuigan, and Lallo. And if there are minerals that are dredged, we will impose
corresponding taxes, “Ancheta added.
According to the MGB ROII, the bathymetric survey was conducted at the port of Brgy.
Tupang, Alcala, Cagayan to the boundary of Lallo- Camalaniugan. The data collected for the
survey contained an area of 4,111.00 hectares.
Furthermore, Cagayan Governor Manuel N. Mamba said during the virtual consultation
that the dredging project has been part of the development agenda of his administration. He said:
“Buhay ang Cagayan river. It is one of the major sources of our livelihood and economic driver of
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the province”…… “Our Cagayan River is a boon in our province. It is a source of livelihood, but
sometimes, it becomes a bane that we suffer lost of lives, properties, and livelihoods”. Mamba
even assured the Cagayanos that the dredging is answer to mitigate the flooding in Cagayan. He
has also plans to reopen the port of Appari.
Cagayan river plays a big role not only in the livelihood of every individual but also serves
as biological passage that allow the circulation of flora and fauna within the provinces it flows.
Thus, we either choose to live with the situation or we choose to by the rehabilitation of the
Cagayan River.
References
1987 Philippine Constitution
Philippine Mining Act of 1995 (RA 7942)
DENR Department Administrative Order No. 2010-21, IRR of RA 7942
DENR-DPWH-DILG-DOTR Joint Memorandum Circular No. 01, Series of 2019
DENR ADMINISTRATIVE ORDER NO. 2020-07
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