NCIP asked to lift order stopping mine operations

TUBA, Benguet -- The management of the Philex Mining Corp. here petitioned the National Commission on Indigenous Peoples in the Cordillera to lift a 72-hour temporary restraining order issued stopping the conduct of mining activities since the same was “arbitrarily and capriciously done and in violation of its (Philex) right to due process.”

In a 13-page urgent motion to lift the restraining order, the mine firm stands to lose over P30 million per day and it stands to suffer from grave and irreparable damage as a result of stoppage of its operations due to the questionable order.

“What petitioners have are merely unsubstantiated general allegations. Their bare allegations are not evidence, thus, it should have not been considered by the NCIP-CAR in ruling that there is grave and irreparable injury that would be suffered by the petitioners,” the motion said as the company’s reaction to the petition filed by the heirs of the members of the clan of Artemio Pio Association, Inc.

Moreover, Philex has been in operation for more than 50 years and there is no evidence that its operations caused upon the petitioners grave and irreparable injury.

Worst, the petitioners have reportedly lost several cases in the Supreme Court and Regional Trial court regarding their claims over the land which Philex has been occupying as it was ruled that the mine area is not a portion of the land which they are claiming.

The firm said the NCIP-CAR, through a legitimate process set and followed by the office, identified the legitimate indigenous peoples and indigenous cultural communities which is represented by the Indigenous peoples organization of Alan, Pukis, Santa Fe, Oliba and Loakan to be the only IPs and ICCs in the area of operation of Philex which paved the way for the signing of a memorandum of agreement for its Application for Production Sharing Agreement (APSA) No. 102.

Clearly, Philex dealt with the legitimate claimants and has not committed anything illegal in obtaining the required free and prior informed consent (FPIC) for its operations, company officials said.

Upon scrutiny of the petition of the claimants, the firm cited that the annexes showing the locations of the claims of the petitioners were not approved plans, thus, the documents are self-serving and without probative value.

The company lamented that despite the utter failure of the petitioners to pay the bond needed for the issuance of a restraining order as required by law, the NCIP-Car insisted to issue the same.
Philex revealed that it seems that there appears to be an undue haste in issuing the restraining order against the company. It added that one of the respondents in the respondents in this case is the very office the NCIP-CAR hearing office is attached with.

Under the applicable rule at present, the issuance of preliminary injunctions in any kind in connection with the disposition, exploitation, utilization, exploration and development of natural resources such as mining operation, is proscribed. – Dexter A. See