The document provides a position paper on the Philex Mining disaster that occurred in August 2012 in Benguet province, Philippines. It discusses how 20 million metric tons of mining waste spilled into the local river system from the mine's tailings pond, choking parts of the river and devastating the ecosystem. While initial tests found heavy metal levels in the water and fish to be below toxic thresholds, long term impacts on other organisms and bioaccumulation over time are concerns. The paper calls for Philex to take responsibility, increased monitoring, research on impacts, and adoption of the precautionary principle given risks to public health and the environment. It recommends policies and partnerships to strengthen regulation and enforcement of mining practices.

2. CLIMATE CHANGE CONGRESS
OF THE PHILIPPINES, INC.
Room 1 Bonifacio Hall, UP SOLAIR, Diliman, Quezon City
Phone no. (632) 385-5638 / Email address: climatechangecongress.org
POSITION PAPER ON THE PHILEX MINING DISASTER
The PMC Padcal mine spills in Benguet province represents the “biggest mining disaster in
the Philippines.” The mining wastes flowed into water channels from its tailings pond
when the drainage tunnel was breached.
The Philex Mining disaster is ten times more than the volume of mine tailings that spilled
out of the Marcopper mine in 1996 in Marinduque, which dumped approximately two
million metric tons of wastes into the Boac River and is still considered the worst mining
disaster in terms of toxicity.
The Philex Mining disaster caused the inflow of mine tailings to the San Roque Dam, the
Agno River the Province of Pangasinan. The mining accident that occurred last August 1,
2012 is not the first. There were other accidents in this mining site including the collapse
of a dam wall in 1992 due to a weakened foundation caused by an earthquake that
happened two years earlier. As it is, these mining accidents could not just be justified as
“force majeure “events.
Force Majeure
Philex continues to deny it is at fault with regard to the tailings spill on August 1, 2012 and
insists on the incident being a force majeure. The Philex insists that the breach in the
tailings pond was due to the extreme water pressure brought about by the two successive
typhoons that hit the area. While this is true, it must also be noted that a company that has
been operating for several decades must also be very well acquainted with the risks that
come with its operations. Heavy rains brought about by typhoons have been identified as
the leading cause of tailings dams’ failure worldwide (Holden and Jacobson, 2012).
Baguio City has also been identified as among the top 3 areas in the Philippines receiving
the highest amount of rainfall by PAGASA (PAGASA, n.d.). Moreover, in the fact sheet
published by PAGASA, the projected change in seasonal rainfall in the province of Benguet
is highest in months of June-August during which the incident occurred PAGASA, 2010). A
company that promotes responsible mining should have factored these in especially in a
situation wherein the tailings pond which it uses to contain its mine wastes has reached its
lifespan of 20 years (Dinglasan, 2013) and two others that were built before it also suffered
the same fate (CPA, 2007).

3. Toxicity
The results of the water quality and toxicity tests conducted by Regional offices of DA-
BFAR and DENR-EMB in Region I and CAR have indicated that the tailings which have
spilled into the Agno River and Balog Creek were non-toxic in that the heavy metals
detected in the water and the fish collected from San Roque Dam were below the limit set
by the DENR and EU (“Philex, government say”, 2013). This may be a consoling thought for
the people living within the immediate vicinity of Agno River and Balog Creek for now as
they are safe from heavy metal poisoning from the tilapia, common carp, and eel that were
sampled from the freshwater bodies. The people must be concerned, however, about
consuming other organisms from the Agno River and Balog Creek as these have not been
tested for toxicity. Also, there remains the risk of these trace elements accumulating not
only in the fish but also in humans consuming them by means of bioaccumulation and bio
magnifications (Chen, et al., 2000)
As the focus is on the toxicity of the spillage in the river, other important aspects are not
given the proper attention. It has been reported that a total of 20 million metric tons of
mine tailings were spilled into the freshwater system.
It has choked certain parts of the Balog Creek, a class A freshwater body that was deemed
polluted after the spill. Although the particulate matter has either settled to the bottom or
washed further downstream, making the water appear clear on the surface and rendering
water quality test results that pass the standards, the heavy siltation has choked crevices in
which fishes breed. Anecdotal information on the catches of fishermen already show that
there has been a decline in the average fish catch and due to the habitat and breeding
ground destruction brought about by the tailings spill, it can be expected that catches will
continue to decrease in the coming months or even years. Invertebrates that live in the
banks and riverbed such as snails and other mollusks have also been covered entirely by
tailings reaching beyond 10 meters thick.
The tailings may not be able to kill humans instantly, but the sheer amount that was
released into the river system is enough to kill the smaller organisms living in it.
Considering the basic relationship of these organisms with other larger organisms in the
food web therefore this has devastating effects to the whole ecosystem, not only of the
affected water bodies but the whole watershed. What makes it more alarming is the fact
that this is not the first time that a tailings pond of Philex in Benguet has collapsed and also
not the first that the blame has been pointed to nature (CPA, 2007).
Other Factors
Water quality monitoring and toxicity levels in fish both give ideas on the extent of the
damage but they paint a rather incomplete picture. In applying an ecosystems approach,
fishes which occupy higher trophic levels in the food chain are not the only organisms to
look at. Phytoplankton, zooplankton, invertebrates, aquatic insects, reptiles, and riparian
vegetation are all part of the ecosystem and are most likely to suffer more when drastic
changes occur in their habitat (Diamond, et al., 2022; Chen, et al., 2000). Total Suspended

4. Solids (TSS) and heavy metals concentration in the water are not the only parameters that
must be published. Dissolved oxygen, pH, and conductivity must be measured or published
as well. Both the government and
Philex must make scientific data available to more Filipinos (e.g. publish results in their
respective websites) rather than just presenting them to a certain group of people because
the issue of mining is of national concern. After all, the metals and minerals being mined is
the wealth of the whole nation that happens to be obtained by only a number of companies
and small miners who have the capability to extract them from Philippine soil. It is not
enough that the nation benefits from the revenues from mining.
The nation must be given due respect in that destructive practices and mining disasters are
limited if not totally avoided. While mining companies improve the lives of their
employees, they must not overlook their responsibility to all the people that are likely to be
affected by their operations. Mining companies operating in watersheds have a greater
burden in that the impacts of their operations are not limited to the immediate vicinity of
the mines. That is why large-scale operations like mining are discouraged in watershed
areas (Miranda, et al., 2003).
MAJOR ISSUES AND RECOMMENDATIONS
UN - accepted environmental standard of “precautionary principle”1,2 should prevail in this
case. The health or even the lives of our farmers, fisherfolks and communities are at stake.
We need to do something. The fallowing are CCCP recommendations:
1. Demand from Philex to make public the associated metals at their Padcal mine and
all the reagents they are using in separating gold, copper and silver from dirt, in
doing so, mitigation could be specific and geographically targeted,
2. Monitor the extent of sediment deposits in our waterways, irrigation systems, rice
fields, fishponds and coastal areas,
3. Random sampling of the chemical contamination in our water, aquatic resources,
and food crops,
4. Random sampling of fish catch and shell fish in our fishponds and the Lingayen gulf,
5. Random sampling of wells to determine the extent of aquifer contamination if any,
6. Conduct observation research and interviews among our farmers and fisherfolks
over time. Their local knowledge will be very valuable to all of us,
7. Conduct research on yield decline on major food crops and aquatic resources,
1
Precautionary Principles which is imperative for action and not make scientific uncertainty as an excuse for doing
nothing. The precautionary principle was adopted by the UN Conference on Environment and Development UNCED
(2007).
2
Precautionary Principle is public policy in RA 9729 and Supreme Court issuance on Writ of Kalikasan. Part V. Rule
20, “Sec. 1 When there is a lack of full scientific certainty in establishing a causal link between human activity and
environmental effect, the court shall apply the precautionary principle in resolving the case before it. The
constitutional right of the people to a balanced and healthful ecology shall be given the benefit of the doubt.”

5. 8. Estimate environmental cost of the impacts of the mine tailings both short and long
term,
9. Determine impacts of “dry tailing dust” to human health and its extent of
contamination,
10. Monitoring and R&D should be conducted in ten years, and
11. Cost of such activities should be borne by Philex Mining Company. This is outside
the cost that Philex will be paying based on the “Polluter Pays Principle.”3
12. Implement relevant provision of EO 79 (s 2012). Full implementation of the EO
79 in all mining areas in the past, present and future particularly Section 1, 2,3,14, 15, and
16. To wit:
13. Factor in the impacts of the new normal in the stability analysis of the design
and monitoring of the tailing dams from initial trial embankment design to final
site closure of the tailing dams, the stability of the tailings embankment remains an
important consideration. The primary objective of the impoundment engineer is to
develop a reliable waste containment structure at the lowest possible cost. Choices
regarding materials, slope angles, drainage control, raising rates, etc., all affect the
cost as well as the stability of the structure. Therefore, stability analysis is
performed to optimize the structure with respect to cost and other objectives while
maintaining reliability (USEPA 1994). In addition, the impacts of climate change
should be integral to design and monitoring of mine tailing ponds. Integrating the
new normal in the design and construction is not part of the existing EIA or EIS. It is
also advisable to review construction concepts and operation procedures related to
mine tailing dams, including concepts of secondary security or retention of spills at
dams containing toxic effluents or other liquids. Also, more attention should be paid
to better integrating the construction and operational aspects of the design.
14. Conducting R&D on bioremediation. Certain plants are able to extract hazardous
substances such as arsenic, lead and uranium from soil and water (for example,
sunflowers were also used to clean up uranium near Chernobyl). The specific use of
plants in bioremediation is known as phytoremediation4. Bioremediation can be
defined as any process that uses microorganisms or their enzymes to return the
environment altered by contaminants to its original condition. Bioremediation may
be employed in order to attack specific contaminants, such as chlorinated pesticides
and heavy metals that are degraded by bacteria of plants.
3
The Polluter Pays Principle, as adopted by OECD (Organization for Economic Cooperation and Development)
countries, states that “the polluter should bear the expenses of carrying out pollution prevention and control measures
decided by public authorities to ensure that the environment is in an acceptable state. In other words, the cost of
these measures should be reflected in the cost of goods and services which cause pollution in production and/or
consumption.” The Polluter Pays Principle: Definition, Analysis, Implementation, Paris, 1975).
4
Phytoremediation is the technical term used to describe the treatment of environmental problems through the use of
plants.

6. 15. Policy. To restore public and industry confidence in tailings management facilities
it is clear that a formal auditing regime leading to regular certification needs to be
put in place. Many of the processes already exist in legislation, but are fragmented
and not presented as a single coherent policy. Strengthen the Environmental
Management Bureau (EMB) monitoring process with respect to such issues as
mining tailings, waste rocks, and acid rock drainage. This strengthened effort should
be funded by a direct levy on mining companies. There should also be increased
funding for the enforcement of all mining laws and provisions by the DENR, other
relevant agencies, and LGUs. It should be recognized that effective enforcement and
manageable levels of investment are related. When enforcement is weak, prudence
requires that the vetting of prospective investors is more stringent.
16. Private - Public Partnerships. The private sector has emerged as a global actor
that has a significant impact on environmental trends through its investment and
technology decisions. In this regard, the Governments have a crucial role in creating
an enabling environment. The institutional and regulatory capacities of
Governments to interact with the private sector should be pursued to engender a
new culture of environmental accountability through the application of the polluter-
pays principle, environmental performance indicators and reporting, and the
establishment of a precautionary approach in investment and technology decisions
(UNEP 2000).As Kofi Annan, the UN Secretary General, has said: “Transnational
companies have been the first to benefit from globalization. They must take
their share of the responsibility for coping with its effects.”