Petition vs Vizcaya mining project dismissed

Publication Date: [Monday, September 25, 2006]

http://www.philstar.com/philstar/show_content.asp?article=276809

BAYOMBONG, Nueva Vizcaya — A judge here has dismissed the petition of a local environmental group to stop a multimillion-peso mining project in Kasibu town for allegedly having an illegal environmental compliance certificate (ECC).

Judge Vincent Panay of Regional Trial Court Branch 30 found the petition of the Didipio Earth-Saver Multi-Purpose Association (DESAMA) without basis, saying the group failed to exhaust all administrative measures in opposing the ECC issued to the Australasia-Philippines Mining Inc. (APMI), proponent of the gold-copper project in Barangay Didipio, Kasibu town.

The Didipio project, a joint venture between the national government and APMI’s mother company, Climax-Arimco Mining Corp., formally started this month.

It was the first large-scale project granted an ECC following the passage of the Mining Act of 1995.

Last March, with the backing of Catholic bishops in Northern Luzon, DESAMA and other anti-mining advocates led by Bayombong Bishop Ramon Villena filed the special civil action for mandamus, asking the court to cancel APMI’s ECC, in effect stopping the mining venture.

But in his ruling dated Aug. 29, Panay said DESAMA prematurely filed the petition as it apparently could not wait for the decision of the Department of Environment and Natural Resources, which is mandated to grant, revoke and suspend ECCs.

DESAMA, according to Panay, clearly failed to "exhaust all administrative remedies." — Charlie Lagasca