Lawmakers ask SC to nullify mining agreements issued by DENR

MANILA, Philippines- A number of lawmakers and private individuals on Tuesday asked the Supreme Court to nullify mining agreements that the government has entered with various mining agencies such as Australian Oceanagold (Philippines) Inc. and Canadian-owned TVI Resources and Development Philippines Inc. The petitioners also said the High Court should issue a temporary restraining order to prevent the state from suffering a “grave and irreparable injury" owing to the mining operations of these companies. The group, which includes partylist representatives Ana Hontiveros-Baraquel and Teodoro Casiño and Quezon Rep. Lorenzo Tanada 3rd, reiterated that the country's mining act, Republic Act 7942, should be declared as “unconstitutional and void." In separate petitions before the Supreme Court the group sought to nullify the Mineral Production Sharing Agreements issued by the Department of Environment and Natural Resources to Hopewell Mining Corp., P.L Goldman Mining and Development Corp., Blue Ridge Minerals and Development Corp., St.Patrick Mining and Development Corp., Galactica Mining and Development Corp., Mt. Peak Mining and Development Corp., and Oregon Mining and Development Corp. and the cancellation of the Financial or Technical Assistance Agreements given to Oceana, TVI and Sagittarius Mines Inc. The group said that under the agreements, the government would not receive what it is rightly due as owners of the natural resources to be used in the mining developments. “This case revolves around the state's ownership-in-trust of mineral resources. It is the petitioners' contention that, under the present fiscal regime in the mining industry, the state is not able to receive its just share as the owner-in-trust of natural resources and land in the development, use and exploitation of our natural resources," the group said in its petition. “Grave and irreparable injury results as the mining activities of these mining tenements cause the removal of the topsoil and other resources found thereon and the immediate displacement of communities and deprivation of their source of livelihood and sustenance," the petition continued. The Supreme Court has declared the Mining Act as constitutional in 2004. Until 2011, it is estimated that some $11.3 billion more will be spent on various mining projects. The Department of Environment and Natural Resources earlier said that at least 23 major mining operations are expected to start exploration and operations within the next six years. The projects will have the capacity to generate $3 billion in annual gross sales, $61.4 million in excise taxes, and $434.3 million in income taxes annually. - GMANews.TV