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THE
Supreme Court (SC) has set for deliberation on Wednesday
in Baguio City a motion filed by the local company
Southeast Mindanao Gold Mining Corp. (SMGMC) seeking to
reconsider its 2006 ruling that canceled all mining
rights and operations of Filipino firms within the Mount
Diwalwal gold-rush area.
The
Court’s Special Third Division has decided to include on
its agenda the urgent manifestation and motion filed by
SMGMC seeking to elevate its case to the Court en banc.
Earlier,
SMGMC claimed that the 2006 decision of the Court’s
First Division has paved the way for the government’s
agreement with ZTE International Investments Ltd., the
investment arm of the ZTE Corp. of China, to explore,
develop and operate mining areas within the
8,100-hectare Mount Diwalwal gold-rush area in Mindanao.
The
agreement, the SMGMC said, is questionable, considering
that the status of the mining areas on
Mount Diwalwal
remains unsettled.
It noted
that the government executed the memorandum of
understanding (MOU) with ZTE International on July 12,
2006, or just less than three weeks after the SC’s First
Division issued the decision.
It said
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 company’s motion has been
referred to the Special Third Division following the
retirement of two members of the First Division.
Included
as supporting document to SEMGMC’s urgent motion to
elevate its case to the full court was a copy of the
Senate’s transcript on the March 11, 2008, testimony of
Trade Secretary Peter Favila, where he confirmed that on
July 12, 2006, he signed in behalf of the Philippine
government an MOU with ZTE International Investments,
Ltd. involving the establishment of an
information-technology school; operating of mining in
Davao; exploration, development and operation of mining
areas in Diwalwal; and the establishment of an economic
zone in Davao area.
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