|
A LOCAL
mining firm is questioning the government’s
understanding agreement with ZTE International
Investments Ltd., the investment arm of the ZTE Co. of
China, to explore, develop and operate mining areas
within the 8,100-hectare Mount Diwalwal gold-rush area
in Mindanao.
In a
nine-page urgent manifestation and motion filed before
the Supreme Court, Southeast Mindanao Gold Mining Corp.
(SEMGMC) reiterated its prayer to refer its case—seeking
to reconsider a 2006 decision of the First Division—en
banc.
The
Court’s First Division, in its June 23, 2006 decision,
gave the government full control and supervision over
mining operations in the Agusan-Davao-Surigao Forest
Reserve known as the “Diwalwal gold rush area” after it
affirmed the cancellation of all exploration permits
earlier issued to other private mining firms.
The
decision reversed and set aside the Court of Appeals’
March 13, 2002 decision upholding Marcopper Mining Corp.
(MCC)’s Exploration Permit (EP) No. 133 over the subject
area.
The
First Division held that Marcopper’s EP has already
expired and that its subsequent transfer to its local
subsidiary SEMGMC on February 1994 is void. SEMGMC is a
domestic corporation alleged to be a 100 percent-owned
subsidiary of MMC.
In its
urgent manifestation and motion, SEMGMC through lawyer
Cirilo Doronila said the ruling of the First Division
paved the way for the government to enter into a
memorandum of understanding (MOU) with the ZTE for the
exploration, development and operation of
Mount Diwalwal.
Such
development, according to SEMGMC, came as a surprise,
considering that the status of the mining areas in Mount
Diwalwal is still unsettled.
It noted
that the government executed the MOU with ZTE
International on July 12, 2006, or just less than three
weeks after the SC First Division issued the subject
decision.
It
further stressed that the signing of the memorandum with
ZTE was made even before the June 23, 2006 decision had
attained finality. The first motion to reconsider the
decision was filed in August 2006 or almost a month
after the signing of the ZTE agreement.
SEMGMC’s
motion for reconsideration is still pending resolution
before the SC.
The
mining firm pointed out that the proximity of the date
of the decision and the execution of the MOU is such
that the MOU could not have been executed if not for the
decision rendered by the First Division.
“By this
manifestation, respondent SEMGMC does not, with all due
respect to the Honorable Court, suggest any
irregularity. In order, however, to remove any cloud of
doubt as to the judiciousness of the Court’s resolution
on the constitutional issue of Proclamation 297, SEMGMC
respectfully reiterates its prayer that the resolution
of its motion for reconsideration be elevated to the
Court en banc and be heard on oral argument,” it said.
Proclamation 297, issued by President Arroyo on November
25, 2002, excluded an area of 8,100 hectares located in
Monkayo, Compostela Valley, and proclaimed the same as
mineral reservation.
“The
validity of the MOU executed with the ZTE Corporation,
as well as the NBN (national broadband deal), has been
the subject of controversy and it would be more prudent
that this Honorable Court veer away from any involvement
on this matter,” the mining firm added. |
