The company insisted that the massive 2012 spill occurred due to unusual rains caused by the Typhon Gener (internationally known as Saola). However, an analysis of precipitation tables has shown that the likelihood of a similar rainfall to be repeated in the rainy season is up to 30%. Hence such known weather conditions needed to be included in any responsible planning. Moreover, the tailings storage facility was already past its designed lifetime and was to be decommissioned during 2010-2012; but the company had decided to continue using it. Hence there is large evidence that the spill was produced due to irresponsible planning and mining, rather than by “Force Majeure” [3].

The day after the massive spill, the Mines and Geosciences Bureau (MGB) suspended Philex’s mining operation at Tuba, Padcal mine [1]. A coalition of NGOs organized environmental investigations and fact-finding missions, pointing out the heavy consequences caused by the mining disaster [1;4]. The Balog Creek, previously categorized as class A river, as well as the downstream Agno River were heavily polluted after the spill, badly affecting the environment, agricultural lands and local communities whose livelihood were based on the proper functioning of the river. Elevated heavy metal levels included zinc, arsenic and copper, the latter being 4.5 times higher than the allowed level [5]. Complaints over diseases in downstream communities increased [5]. People had to stop fishing, and later on, fish catch was reported to be reduced significantly, while some people reported to have seen mutant fishes [1]. Other NGOs described the rivers to be biologically dead [4;5]. Gold panning in the river by artisanal miners used to be an important livelihood source, which was not possible anymore due to the heavy contamination.

Large protests followed the spill, demanding clean-up, compensations and the close of the mine [2]. The government placed a P1 billion (23.6 million USD) on the company due to violation of the 1995 Mining Act, and demanded payments of P 188.6 million (4.3 million USD) for environmental damages caused in violation of the Clean Water Act of 2004 [6]. Workers who did the clean-up in the aftermath were further exposed to toxic waste [1].

Two years after the spill, on August 27, 2014 the MGB lifted the suspension, as in their opinion the disaster was adequately handled by the company and the fines were paid [7]. While some local groups, such as mine workers and local governmental units welcomed the reopening due to their economic dependency on Philex’s activities, the lift caused large protests among local groups and NGOs [6]. As expressed by the scientific advocacy group AGHAM, the suspension was “a clear case of the government’s blatant disregard of the safety of the communities living within the mining area.” [6]. It set a precedent for more destructive mining disasters with greater impunity.

In early 2015, the company stated that further mineral resources were found in the Padcal mine, for which reason the mine’s life may be extended up to 2020 [8].

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According to official MGB documents, as of November, 2014 the Philex Mining Corporation holds three MPSA for Copper and Gold in Tuba, Benguet, amounting to 4,928.4215ha (156-00-CAR), 2,958.1390ha (157-00-CAR) and 80.6688ha (276-2009-CAR), respectively [9].

According to the 2010 population census, the population of Tuba municipality amounts to around 43,000 people, while the population of Itogon municipality amounts to 56,000 persons [10]. These numbers may serve as a very rough approximation of persons directly and indirectly affected of the large negative environmental impacts.

The Philippine company Philex Mining Corporation and its subsidiaries are involved in mining business and energy business. Philex Mining Corporation was founded in 1955 and listed in the Philippine Stock Exchange in 1956. It has several subsidiaries that operate different mines in the country [1]. The Padcal mine, located in Benguet, producing copper, gold and silver concentrate, is one of the company’s mines. Large amounts of the copper concentrate are shipped to Japan for smelting by Pan Pacific Copper Company Limited, a joint venture between Nippon Mining Co. Ltd. and Mitsui Mining and Smelting Co. Ltd. [1].

As of December 31, 2014; main stockholders (larger than 5%) of Philex Mining Corporation are Asia Link B.V (20.71%), Social Security System (20.53%); PCD Nominee Corp. (20.46); Two Rivers Pacific Holding Corp. (14.96%) [8].

Production data for the Padcal Mine for the year before the disaster (2011), amounted to a total of around 9 million tons milled. Gold production was at 140,113 ounces for 2011, at 0.564 grams per ton; Copper production in 2011 was at 37,995,132 ounces, with Copper head grades at 0.221% [8].

Benguet province is a large gold producer in the country. Apart from Philex Mining Corporation, other companies are mining in the area, such as Lepanto Consolidated Mining Corporation, or Benguet Corporation. The mining firms contribute to around 98% of the province export revenues [1].

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