Attachments:

Justification on Go Zone Clearance – an appeal_i

1.      Jabal(a) ExPA(b) Excluded The Watershed(c) and ARMM Political Territory – Unrelated company allowed to apply ExPA in 2007 overlapping Jabal ExPA 1996

1.1   1997 Original ExPA covered 16,200 hectares was reduced to 5,068.41 hectares NET of The Watershed  and ARMM Political Area Excluded ^(1.1)
1.2

 ^(1.1)  In September 2007 MGB XII allowed another company to apply ExPA inside the original Jabal ExPA contrary to legal ethics and norms.
^(1.2) Refer to MGB XII Certification dated May 25, 2015 with enclosed Mineral Land Survey Section re: Area Retained after Final Plotting dated May 17, 2004

2        Executive Order 79 – Reclassification and Limitation of Strategic Purposes

 2.1             SAFDZ – Strategic Agricultural and Fisheries Development Zone

2.1.1.1        Since 1998 the Area is part of the SAFDZ.  Executive Order 79 on delimiting Mining on Strategic Agricultural & Fisheries Economically Productive Zone is well respected in the case of Jabal ExPA.
2.1.1.2        The Area is not considered Prime Agricultural Lands or Conducive to High Value Crops;
2.1.1.3        Jabal ExPA area has poor and thin top soil condition, steep terrain, thus is inappropriate to strategic agricultural productivity development for high value crops and for food security.
2.1.1.4        Coconut trees fall down and die early before ten years due to poor soil condition and rocky underneath that coconut roots can’t survive;
2.1.1.5        Jabal mountainous terrain isn’t conducive to Fisheries Industry;

2.2             Eco-Tourism Industry Zone – Jabal ExPA area is located in the borders of ARMM, particularly in the Municipality of Buldon, Province of Maguindanao:

2.2.1        Jabal ExPA and vicinity Environment is perceived to be “unstable peace and order” “Travel Advisories as No Go Zone to Westerners”, Thus, certifiably not conducive to Eco-Tourism Industry may not flourish;

2.3            Responsible Large Scale Mining Industry – An Alternative to Highland Communities

2.3.1        Jabal shall provide “Immediate Livelihood Option” during the conduct of mining exploration activities “hiring of local staff and buying of local food products”

2.3.2        Philippine Mining Act of 1995 provides that ten (10%) percent of Mining Exploration Budget is allocated to Community Social Development Fund – a concrete measure towards alleviating Poverty.

3          IPRA Law – Jabal passed FPIC – had signed MOA thus Post EP Condition Compliant.

3.1     Jabal had pre-qualified and pre-complied with IPRA Law on FPIC/CP/MOA;
3.2     Jabal-IP Arumanen Ne Manuvu & NCIP ROXII had signed MOA and Jabal had earned the FPIC (Free Prior Informed Consent) and had re-affirmed Manifesto of Support.
3.3     Traditional Iranon and Maguindanao Sultan, Datu, Ulama, Uztadzes and Mujahideen Leadership had issued Manifesto of Support to Jabal.

4        Environmental & Agricultural Concern vis-a-vis Mining Exploration Phase

4.1        The Mining Exploration and Environmental Work Program approved by MGB has no known material or substantial damage on whatever agricultural crops development or improvement in the SAFDZ area.
4.2        Any minor “damage” if any is governed by Local Government Ordinances on agriculture. The nature and kind of this damage is immaterial in relation to strategic and productivity agricultural economic activity.
4.3        Since 1998 the Jabal ExPA Area was already classified as SAFDZ. However, to date NO Agricultural Productive Crops and Development exist in the area that is considered or classified as Strategic Agricultural Productivity.
4.4        Note SAFDZ Ordinance under EO 79 is related to Grant or Incentive of DA Financing.
4.5        Successful Mining Feasibility Study bench marked against Agricultural Productivity

5        Attachment/further Justification:  – Jabal had complied with all lawful requirements:

5.1        MGB CO Memorandum dated July 24, 2013 to MGB XII Issued Clearance Authority to Grant the Exploration Permit Jabal; ExPA-010-XII-96; 5,068.41 Has.; Pigkawayan & Libungan, Cotabato.
5.2        The MGB CO Memo stated that: “We have already completed our evaluation of the said application.  The Clearance to issue the said Permit is, therefore, hereby granted subject to the final No Go Zone Map;
5.3        The Exploration Permit may already be granted by the Regional Director, MGB XII subject to FINAL NO GO ZONE Clearance issued by the Honorable Secretary, DENR.

 6        GO ZONE CLEARANCE AUTHORITY: The Honorable Secretary, DENR can issue FINAL GO ZONE MAP CLEARANCE by Authority of the Presidential – EO 79 Compliant.

6.1   Jabal ExPA 0010-XII-96 endorsed by MGB XII to MGB CO on December 17, 2010;
6.2   On July 24, 2013 MGB CO Issued The Memorandum Clearance Granting MGB XII to Issue The Exploration Permit (EP);

 7        BASIC FACTS:

7.1        ISSUE: APPEAL TO RETAIN 5,068.41 HECTARES EXPLORATION PERMIT AS GO ZONE;
7.2        Exploration Permit Application No.: 0010-XII-96
7.3        Exploration Permit Area:       5,068.41 Hectares
7.4        Permittee/Applicant:             Jabal Development Mining Inc
7.5        Status:  Compliant with RA 7942 IRR MGB Central Office had Issued Clearance to MGB XII to Issue and Grant the Exploration Permit
7.6        DENR Secretary Clearance: Executive Order 79 – NO GO ZONE MAP CLEARANCE
7.7        Assertion: Jabal is free of EO 79 Strategic Areas under SAFDZ and Eco-Tourism
7.8        Further Assertion: PHILIPPINE GOAL: 2010-2016 ALLEVIATE POVERTY: Intervention to secure the Final No Go Zone Clearance meant the difference towards a livable future of the grassroot diverse ethno-socio-cultural communities. (2.2.2 to 2.2.3)

 8        MGB update as of December 29, 2014, on Mining Applications, website:

http://www.mgb12.net/index.php/mining-applications

Legend:

(a)         Jabal – Jabal Development Mining Inc
(b)         ExPA –  refers to Exploration Permit Application No. 0010-XII-96
(c)          The Watershed – Libungan Watershed Forest Reservation, Proclamation # 563 dated May 3, 1990
(d)         ARMM – Autonomous Region in Muslim Mindanao
(e)         FPIC – Ancestral Domain “Free Prior Informed Consent” IPRA Law
(f)          IPRA Law – Indigenous Peoples’ Rights Act – RA 8371 dated October 29, 1997