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SC asked to stop bidding of Diwalwal gold site


MANILA, Philippines - A Mindanao-based mining firm has asked the Supreme Court to stop the government from prematurely bidding out a portion of the 8,100 hectare Diwalwal “Gold Rush" site in Monkayo, Compostela Valley. In a six-page urgent motion, the Southeast Mindanao Gold Mining Corp (SEMGMC) sought the issuance of a temporary restraining order against the bidding for the development of the 1,620-hectare “Upper-Ulip Paraiso" site until such time that the Court resolves the pending case. The Department of Environment and Natural Resources (DENR), through its attached agency the Philippine Mining Development Corp. (PMDC), has scheduled the bidding on December 3 or December 8, 2008. SEMGMC also asked that in the event that the bidding is conducted on December 3, 2008, the SC should issue an order nullifying the award or any result of said bidding. Petitioner claimed the DENR undermined the authority of the SC when they initiated the bidding process for the portion of the 8,100 forest reserve, which was subsequently declared as mineral reservation through Presidential Proclamation 297, issued by President Arroyo on November 25, 2002, and which constitutionality is one of the issues raised before the SC. “The act of PMDC of bidding out mining operations within the area covered by Presidential Proclamation No. 297 is an affront to the Court’s judicial authority over the issues raised in the instant petitions. The validity of PP 297 is still sub judice before this Court," it said. Last week, the SC has ordered PMDC to explain why they should not be cited in contempt for starting the bidding process for the exploration and mining operations in the Diwalwal Mineral Reservation area despite the pendency of the legal dispute over it before the high court. SEMGMC is the same firm that questioned the government’s “cooperative agreement" with ZTE International Investments, Ltd., the investment arm of the Chinese firm ZTE Corporation, to explore, develop and operate mining sites within the Mt. Diwalwal Gold Rush Area. ZTE Corp. was the same company that became controversial when it was awarded a $329-million national broadband network contract to interconnect all agencies of the government. The deal was subsequently canceled by President Arroyo. - GMANews.TV