THE Court of Appeals has enjoined the Nueva
Vizcaya provincial government from implementing its cease and
desist order (CDO) against the government-sanctioned Didipio
gold-copper mining project which has caused local unrest.
The CA Sixth Division granted a 60-day
temporary restraining order to Oceana Gold Mining Inc., formerly
Australasian Philippines, which was contracted by the national
government under a Financial or Technical Assistance Agreement (FTAA)
to mine the 975-hectare site. Oceana filed the case directly
with the CA instead of with the Nueva Vizcaya regional trial
court due to fears that it will not get fair treatment in the
province, considering that the petition is lodged against Nueva
Vizcaya's highest officials.
Named respondents in the suit were Vizcaya
governor Luisa Lloren Cuaresma and provincial treasurer Perfecto
Martinez Jr. who issued the CDO last April 9 and
letters-assessments dated May 9, 2008 supposedly for Oceana's
failure to secure quarrying permits from the provincial
government.
"Considering the brazenness of the
respondents, along with other local officials of Nueva Vizcaya
and their armed supporters, the trial courts of Nueva Vizcaya
will be unable to give effective, equal and impartial relief.
Taking into account the seriousness of the circumstances
adverted to by the petitioner, this Court finds special and
compelling reasons to exempt this petition from the doctrine of
hierarchy of courts," the CA ruled.
The appellate court found merit in Oceana's
position that there is urgency and necessity to issue injunctive
relief based in the impression that the controversy had
engendered tension and antagonism in the locality. The CA cited
the respondents' forcible entry into Oceana's project area with
armed personnel and police officers; the destruction of one of
the locks of its gates; the stoppage of operations by local
environment personnel, policemen, army personnel and identified
staff of Cuaresma leading some 100 persons onboard trucks in
trespassing Oceana's property; and the death of a barangay
chairman.
The CA directed Cuaresma and company to
submit their comments within 10 days.
In its petition, Oceana claimed that pursuant
to the FTAA it signed with the national government, it is exempt
from securing any quarrying permits for earth-moving works in
furtherance of the mining project.
The firm said the CDO and the
letter-assessments issued against it are void for having been
issued in grave abuse of discretion and/or excess or for lack of
jurisdiction.
It also said that based on the Philippine
Mining Act of 1995, its activities cannot be categorized as
quarrying, since extracting or removing quarry resources are
just part of the development of its FTAA area and necessary in
the ground preparation for installation and construction of
structures such as mill plants, tailing dams, among others.
Oceana claimed that as a result of respondents' illegal acts,
it suffered substantial damages, and unless they are restrained,
it will likely suffer great irreparable loss and prejudice. -
Evangeline C. de Vera
