ATM calls for cancellation of Sy’s mining contracts

Alyansa Tigil Mina (ATM) reiterates its demand to cancel the mining contracts entered into by billionaire Joseph Sy, Chairman of Global Ferronickel Holdings Inc. (FNI), in the wake of a Senate investigation where the Department of Justice (DoJ) stated that Sy’s mining permits could be canceled or revoked given his assailed Filipino citizenship.

Jaybee Garganera, ATM National Coordinator, said, “We call on the Department of Environment and Natural Resources (DENR) to immediately cancel the Mineral Production Sharing Agreements (MPSAs) of (FNI) and its subsidiaries given that Sy was violating Philippine laws while serving as Chair of FNI.”

Garganera said this demand is supported by statements made by Atty. Dennis Arvin L. Chan - Chief State Counsel, Refugees and Stateless Persons Protection Unit (RSPPU), Department of Justice (DOJ) during the December 15 Senate Hearing by the Committee on Justice and Human Rights presided by Senator Risa Hontiveros:

When asked whether the mining contracts will be affected by the issue of Sy’s citizenship, Atty. Chan said: “Eventually, Madam Chair, it will be. Because if we presume that Mr. Sy is holding 60 percent shares in a mining company and because of that, he was considered or recognized as a Filipino by the DENR for which he was given the appropriate mining permit, then, if his citizenship is now in question or in doubt and it now happens …And it now happens that the company is now recognized as a foreign entity, then the permit that that company obtained would have to be canceled or revoked because the proponent is no longer qualified under the eyes of the law.

Atty Chan further added: “I believe that there is a specific DENR task force within the National Prosecution Service that looks into environmental crimes. So, there is already a specific office that can look into this matter, Madam Chair, once they are in receipt of the available information.

Garganera added that “Apart from Sy’s assailed Filipino citizenship, the resistance of local communities against mining and their allegations of violative mining practices by Sy’s companies in Surigao and Palawan should likewise compel the (DENR) to seriously cancel Sy’s mining contracts.”

“Sy’s misrepresentation as a Filipino citizen is a questionable behavior of a leader of the mining industry.  This bolsters our claim that ‘responsible mining’ is merely a branding strategy by the Chamber of Mines of the Philippines (COMP), with no factual basis,” he said.

Garganera also called on the Extractives Industry Transparency Initiative of the Philippines (EITI-PH) led by the Department of Finance (DOF) and DENR, to strengthen its monitoring function by implementing a wide and deep study on beneficial ownership of mining and other extractive industries.

“If the case of Sy is just a tip of the iceberg, then we are severely impaling our natural security when illegal aliens and foreign entities are the actual owners of our natural resources, which is prohibited by the 1987 Constitution,” he said.

FNI’s website states that FNI’s subsidiaries include Platinum Group Metals Corporation (PGMC), Surigao Integrated Resources Corporation, PGMC-CNEP Shipping Services Corp., and PGMC International Limited.

FNI operates the Cagdianao Mine in Surigao and the Ipilan Nickel Mine in Palawan, both under PGMC. Local communities and environmental advocates in Surigao and Palawan have accused the mining companies of circumventing laws and destroying the environment.

Sy was apprehended on August 21 at the Ninoy Aquino International Airport (NAIA) for using a Philippine passport and other local identity cards when he was allegedly a Chinese citizen.

A BI Certification stated that the fingerprints of Joseph Sy in his Philippine Passport and the Alien Certificate of Registration Identity Card of Chen, Zhong Zhen is verified as one and the same person.

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