Gov. Garcia calls for nullification of quarry firms’ MPSA

By Le Phyllis F. Antojado-Orillaneda | The Freeman | March 28, 2025 12:00AM

CEBU, Philippines — Cebu Governor Gwendolyn Garcia has called for the nullification of the Mineral Production Sharing Agreement (MPSA) of huge quarry companies that are said to have committed several violations of the Province’s revenue code ordinance and the Philippine Mining Act.

In a press conference held at the Governor’s office yesterday, Garcia cited several violations the Province reportedly found in the operations of Apo Land Quarry Corporation (ALQC) and Solid Development Corporation (SEDC), particularly on the MPSAs.

“I will have to call for the revocation of these MPSAs,” Garcia said during her press conference.

“So what we will do now is to go by pointing out of the violation of Section 19, so, therefore, all MPSAs that have existing communities and public structures or near highways, and bridges, tanan nga naka-enumerate (in Section 19 of the Philippine Mining Act) …so dapat gani motu proprio mao na ilang buhaton, dili kay kinahanglan moingon nga i-cancel na oy, kay sila man ang ni-violate, these MPSAs are in violation of Section 19,” Garcia added.

Garcia said she already sent a letter addressed to Secretary Maria Antonia Yulo Loyzaga of the Department of Environment and Natural Resources (DENR) about the Capitol’s concerns on the MPSAs issued by the Mines and Geosciences Bureau (MGB) to ALQC and SEDC, which the Capitol found to have violated the law.

As of now, Garcia has extended the cease-and-desist order she imposed on all the earth-moving operations of both companies for a month, pending the environmental audit and comprehensive area risk assessment conducted.

MPSA is a type of mineral agreement wherein the government grants a contractor a right to mine within, but not little over, in an area for a certain period.

During the press conference yesterday, the Governor showed to the members of the media the video on the quarry sites of ALQC operating in Naga City.

According to the Governor, the company has a total of eight MPSAs granted by MGB, covering 3,302.319 hectares, which covered areas in the towns of San Fernando, Carcar City, Pinamungajan, and Toledo City.

As to the SEDC, the company has MPSA covering 5, 583.18 hectares, extending to San Fernando, Pinamungajan, and part of the City of Naga.

The Capitol found out that the ongoing extraction by ALQC has already reached areas near the communities, which according to the Governor violates a provision of the Republic Act 7942 or the Philippine Mining Act.

Garcia cited Section 19 (b) of the law, which states that mineral agreement or financial or technical assistance agreement applications shall not be allowed in areas “near or under public or private buildings, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private works including plantations or valuable crops, except upon written consent of the government agency or private entity concerned.”

Aside from the MPSA violation, Garcia said the company has a total amount due to the Capitol of over one billion, which is required under the Revenue Code of Cebu Province, and which the “Capitol has not received a single centavo” yet.

“Revenue code? They continue to violate it. The more serious and the more pressing is their MPSAs are in violations of the Philippine Mining Act, and because of that there’s a grave and present danger, imminent danger that these communities are being subjected to every day” Garcia said.

Garcia feared that if she did not issue a CDO, these companies would continue to extract limestones near areas with living communities, and would possibly end up like what happened in the Naga City tragedy in 2018.

The Governor also took a swipe at those who accused her of not getting enough commission from the companies, which is why she issued a CDO.

“How can I allow this now? Unya ako pa ang gikulangan og komisyon? It’s the same condition, it’s the same kind of soil, unya moulan man gyud, and it was already proven nga maski tua ra sa layo ang landslide, dako kaayo ang dahili,” Garcia said.

She also slammed concerned government agencies that allowed the huge extraction disregarding the safety of people living nearby.

“It has been a very costly injustice. First of all, not a single centavo was paid to the Province, but the second and more tragic injustice is the lives that were lost because the government agencies tasked to regulate this activity refused or chose to look the other way and in fact, they are in violation of the law” Garcia said.

“I wish for the nullification of all their MPSAs, in the first place, this is not going to stop the operation of the cement plant, there’s always available from other suppliers who pay in advance, and we can monitor them, they are strictly monitored” Garcia added.

Source: The Freeman

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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