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Republic of the Philippines

Province of Davao del Sur


PROVINCIAL MINING REGULATORY BOARD
Matti, Digos City

MINUTES OF THE REGULAR MEETING OF THE PROVINCIAL MINING REGULATORY BOARD HELD AT
PENRO-LGU, CAPITOL COMPOUND, MATTI, DIGOS CITY, ON MARCH 1, 2010.

Present:
1. Engr. Alfredo T. Relampagos Chairman/MGB R-XI
2. For. Virgilio E. Palanca Co-chairman/OIC-ENRO
3. Crisostomo Josol Small Scale Mining Representative

Absent:
1. NGO representative
2. Large Scale Mining Representative

Secretariat
1. Madelyn C. Birondo
2. Theomestocles Manreal

GUESTS:
1. Jadi Abdurasad
2. Alexander Dela Victoria Permittee
3. Vilma Pactol

AGENDA:

1. Adoption of the previous minutes of the meeting.


2. Verbal Complaint of Alexander dela Victoria for fencing his quarry permit area situated at
Bulatukan River by alleged Jadi Abdurasad.
3. Letter request of Brgy. Darong DAR Beneficiary to dredge or rechannel Sibulan River
4. Updates of the application of the Malita Quarry Operator’s Association
5. Other matters

Having a quorum the meeting started with a prayer led by Mrs. Madelyn Birondo. The chairman
read the agenda of the day’s meeting and asked the members of the Board for any additional other
matters to be tackled. Forester Palanca suggested including on the other matters the EO # 17 series of
2008 of the Municipality of Matanao. There were no more concerns to be included or other matters Mr.
Crisostomo Josol motioned to adopt the agenda of the day’s meeting and seconded by Ftr. Virgilio
Palanca.
Before preceding the chairman suggested to the other members to tackle first the 2nd agenda which is
the verbal complaints of Mr. Alexander Dela Victoria and they all agreed and proceed.
The Chairman asked Forester Palanca to brief the members of the Board regarding the concern of
Mr. Dela Victoria. Forester Palanca told the board that last Feb 25, 2010 Mr. Alexander Dela Victoria
came to the office and informed him that his quarry area were fence by a name Jadi Abdurasad, to act on
the complaint Forester Palanca immediately instructed CDA II Theomestocles Manreal and CDA I
Madelyn Birondo to conduct area verification and it was scheduled the following day. Forester Palanca
read the area verification report by the above mentioned employee. After hearing the report the chairman
asked Mr. Abdurasad regarding the issue.
Mr. Jadi Abdurasad explained and said that it is true that he is the one who led the fencing but he
was only following instructions from the owner which is Mr. Hogan, he was instructed by the owner to
extend the fence 10 meters down to the river because he don’t want that Mr. Dela Victoria’s equipment
passes by his area.
Engr. Relampagos asked Mr. Manreal if he had seen a ground monument established by the
permittee to his boundaries, but he replied that no monuments were established. The chairman continued
and said that the right of the permittee is within his permit area and if the permittee passes through the
private area the owner of the area has also the right to disallowed anyone from passing through his land.

Mr Dela Victoria were also given the chance to talked regarding the matter, he insisted that he did
not enter the jurisdiction of Mr. Hogan, his equipment passed beside the river to his quarry site, he also
mentioned that the boundary of the titled land of Mr. Hogan is the river but Mr. Hogan claimed that the
adjacent land is also part of his titled land. Mr. dela Victoria also insisting that Mr. Hogan has no right to
fence the River since it is owned by the state.
After hearing all the concern from both parties Engr. Relampagos recommended to survey first the
boundary of the the titled lot of Mr. Hogan and also establish a ground monument to the boundaries of
the quarry area of Mr. Dela Victora. The chairman asked Mr. Abdurasad if he is willing. Mr Abdurasad
replied that he is going to informed the owner and bring the sketch plan of the titled lot. He was advised
to hire their own Geodetic Engineer to survey and it will be witness by both parties together with
PENRO personnel. So they scheduled the survey on March 3, 2010 Wednesday at 10 am. Both parties
agreed on the suggestions and Mr. Abdurasad promise to bring the titled map.
Before the discussion ends Mr. Dela Victoria but in and said that he wanted to inform Mr.
Abdurasad that he will be filing a damages to him and the owner for pending his operation for a number
of days and he will charging 15,000 per day. Engr. Relampagos answer that it is his right being the
owner, but the PMRB cannot decide on the matter since it is a legal matter. Mr. dela Victoria replied that
he is only informing Mr. Abdurasad of his actions and for record purposes also. After clarifying all the
matters to both parties the Board proceed to the next agenda.

AGENDUM II- Letter request of Brgy. Darong DAR Beneficiary to dredge or rechannel Sibulan River

Forester read the letter request and the proposal submitted to the office from Brgy. Darong DAR
benefeciaries. After reading the letter Ftr. Palanca introduced Mrs. Vilma Pactol secretary of Brgy
Darong DAR benefeciaries to the members of the Board.
The chairman asked Mrs. Pactol if they had informed the Municipality concerned regarding their
request, Mrs. Pactol replied that they had submitted their request and it was only until the level of
Program of Works due to financial concern. The chairman advice them to go back to their Municipality
and submit their request together with a resolution, Engr. Relampagos further explained that dredging is
the primary concern of the government but the role of the PMRB is only to assist the recommendation
from the Municipality requesting.
Forester Palanca also added that it is justifiable that the request must come from the Municipality
of Sta. Cruz since they are the one who will validate the proposal and know the situation.
For finality, the chairman recommended that they should submit their request to the Municipality
of Sta. Cruz together with the resolution and their proposal and if the municipality of Sta. Cruz will
make an endorsement to the Province and the governor will approve the said request that will be the
time the PMRB will assist on the request.
Having properly informed by members the Board regarding the proper proceedings in applying
for rechanelling Mrs. Vilma Pactol conformed and said that she will inform the association and submit
their resolution together with their proposal to LGU Sta. Cruz. Afterwhich, the members of the Board
proceed to the next agenda.

AGENDUM III- Updates of the application of the Malita Quarry Operator’s Association

Forester Virgilio E. Palanca updated the members of the Board regarding the application of the
Malita Quarry Operators Association; he said that the said Association had already secured a Resolution
from the Barangay and endorsement from the Mayor and also a new area clearance for their new sketch
plan. He continued that during the IEC in Malita last October 2009, he promised to the association if
ever they would apply for a permit the office will extend assistance to them during the processing of
their requirements and to prove for his sincerity he personally submitted the sketch plan to the MGB R-
XI for area clearance. And he also informed the chairman that Mr. Martin Luberio is also applying and
his application was considered as new applicant since his permit was expired for almost 6 years.
After informing the members of the board Forester Palanca asked the chairman if it is ok for him if
the office will extend assistance to the said association and to Mr. Luberio. The chairman replied that it
is ok for him that PENR office will extend assistance to the above said applicants in processing their
permit application in order to fast track the processing and have a permittee in Malita.
After which Forester Palanca finished updating the members of the Board regarding the status of the
Malita Quarry Operators association the Board preceded to the next agenda.

Other matters:

1. Submitted Executive Order # 17 of Municipality of Matanao.

Forester Palanca informed the members of the Board that the Municipality of Matanao had
provided the office with their Executive Order # 17 re: Creating the Task Force Sand and Gravel &
Quarry of the Municipality of Matanao. He read the content of the EO and said that the municipality was
creating the task force to monitor the SAG activities of their municipality.
Engr. Relampagos said that the task force is only a recommendatory to the governor and only the
Governor has the power to issue or stop permit.

AGENDUM IV-Adoption of the previous minutes of the meeting

The secretariat handed over to the members of the Board the previous minutes of the meeting for
corrections. Having been corrected the previous minutes of the meeting the Board adopted and signed
the said minutes.

There being no other matters to be discussed the meeting adjourned at 2:00 pm

I hereby certify to the correctnes of the foregoing.

Madelyn C. Birondo
CDA I/Secretariat

Attested:

FTR. VIRGILIO E. PALANCA CRISOSTOMO JOSOL


OIC/ENRO/CDO II Small Scale Mining Representative

ENGR. ALFREDO T. RELAMPAGOS


PMRB Chairman