The National Commission for Indigenous Peoples (NCIP) in Mimaropa has given Ipilan Nickel Corporation five days to “wind up” its operations because the mining company allegedly failed to secure the necessary Certificate of Precondition (CP) and Free, Prior, and Informed Consent (FPIC) required to operate in Barangay Maasin, Brooke’s Point, Palawan.
In a cease and desist order, NCIP Regional Director Dr. Mary Grace Pascua specified that Ipilan Nickel is not exempt from submitting the required documentation, including the payment of royalties. This is because the company’s Mineral Product Sharing Agreement (MPSA) from 2000 already falls under the purview of Republic Act No. 7942, or the Philippine Mining Act, and Republic Act No. 8371, or the Indigenous Peoples Rights Act.
Ipilan Nickel had previously claimed that they were exempt from royalty payments for their operations, citing the 2006 Caoagas memorandum.
The NCIP emphasized that they have validated the complaints filed by the indigenous community of Brooke’s Point.
“As part of the process, the complaints of the ICCs/IPs [were] validated by a validation team on June 10, 2023. The result of the validation activities clearly shows the true sentiments of the ICCs/IPs against the operation of CNMEC/INC within their ancestral domain and their dissent to the earlier MOAs that were executed,” NCIP Mimaropa said.
The CDO was issued in response to a series of resolutions from the indigenous community of Brooke’s Point. These include a resolution of non-consent, which cites the mining company’s lack of respect for the IP community, material misrepresentation during the FPIC process, and bribery of IP leaders and members as grounds.
The indigenous community of Brooke’s Point welcomed this decision, stating that the CDO is long overdue.
Sangguniang Bayan Councilor Vic Colili spoke to Palawan News, saying that the CDO validates the claims of the local government—that Ipilan Nickel has been operating without the necessary legal requirements.
“Importante ang CDO na inisyu at ito talaga ang tama para patunayan yong on going mining operation ng INC ay hindi legal. Kumpara doon sa naunang inisyu na suspension order ng FPIC process, Kasi para sa incoming 2025-2050 mining operation ng INC yon. Itong existing operation nila ang tamang tugon ay CDO, at tama ito,” he said.
Colili also challenged the NCIP in the province to immediately serve the order to avoid further damage to the environment.
“Kaya kelangan lang ay ipatupad Yan ni Atty. Jansen Jontila bilang Provincial Officer at naatasan magpatupad Ng CDO na yan,” he added.
Palawan News has sought comments from the NCIP office in Palawan but has not received any comment as of press time.
Ipilan Nickel is set to release an official statement, according to their spokesperson Michael Bacaser.
.
