By CONG B. CORRALES Associate Editor LUMADS in Rosario town, Agusan del Sur are in a quandary over what they perceive as a “questionable” encroachment of a mining firm into their ancestral domain. A Manobo from the area, who requested anonymity for fear of reprisals, claimed that the Bunawan Mining Corporation (BMC), to be able to apply for a mining exploration permit in their ancestral domain, secured the Free Prior and Informed Consent (FPIC) without the assistance of the National Commission on Indigenous Peoples (NCIP). An FPIC is a requirement for a project or activity involving exploration, development, exploitation, and utilization of natural resources within an ancestral domain under Republic Act No. 8371 or the Indigenous Peoples’ Rights Act of 1997 (Ipra Law). “In 1999, BMC filed an Application for Exploration Permit covering an area located in the Municipalities of Rosario and Bunawan, Province of Agusan del Sur denominated as EXPA 000037-XIII. These areas in Rosario and Bunawan are covered by Certificate of Ancestral Domain Title (CADT) Nos. 78 and 136, respectively. CADT No. 78 is held by the Caulishan Maligaya, Marfil, Pamintingan, Cabantao, Maputi, Masabong, Ancestral Domain Manobo Tribal Association, Inc (Cammpacamm) while the CADT No. 136 is held by the Bunawan Tribal Council of Baes and Datus, Inc. (BTCBDI),” the document sent to this paper reads in part. Both CADT holders belong to the Manobo tribe. The lumad source is questioning the virtual quick turnaround of decision by the Mining and Geosciences Bureau in the region. In the MGB’s chronology of events and information of BMC’s exploration permit--a copy of which was obtained by this paper--the reversal of the order denying BMC’s permit took only 15 days. “9 June 2009: Order Denying EXPA 000037-XIII of Bunawan Mining Corporation Issued by Mines and Geosciences Bureau, Region XIII. “24 June 2009: Motion for Reconsideration (MR) filed by Bunawan Mining Corporation of the order dated 09 June 2009 issued by the Mines and Geosciences Bureau, Region XIII.” The source claimed the tribal leaders of Cammpacamm entered into a memorandum of agreement with Datu Bulawanon Exploration Corporation (DBEC) as early as August 2009. In a letter by NCIP, dated Feb. 4, 2009, the commission explained that “DBEC is the economic arm of both Cammpacamm and BTCBDL.” DBEC also filed an exploration permit application over the same area as applied by BMC. “DBEC, however, enjoys priority right to conduct exploration work over its own ancestral domain under the Ipra Law. This Cammpacamm-DBEC MOA was entered into with the assistance of NCIP as required also by the Ipra Law,” the sent document reads in part. With this in mind, the source said, the MOA has never been revoked, nullified nor declared void by a subsequent MOA or by operation of law. “Thus, the MOA allegedly entered into by Cammpacamm and BMC on Feb. 13, 2010 is highly questionable and suspicious,” the source claimed.