DENR’s closure orders questioned anew

While the nine suspended mining companies simply accepted their fate, three companies ordered closed by the Department of Environment and Natural Resources (DENR) won’t easily accept the government’s decision.

Environment Secretary Roy Cimatu has denied in November the motion for reconsideration (MR) filed by mining companies Claver Mineral Development Corp. (Claver), Oriental Synergy Mining Corp., and Ore Asia Mining and Development Corp. (Ore Asia) seeking to invalidate the closure orders that former DENR chief Regina Paz Lopez imposed on them in 2017.

The companies, however, have the right to appeal to the Office of the President (OP) 15 days upon receiving Cimatu’s decision.

More than a month later, Business Bulletin learned that both Claver and Oriental Synergy have already filed an appeal to OP, while Ore Asia has attempted to submit another Motion for Reconsideration (MR) to the DENR.

This was confirmed by Environment Undersecretary for Mining Concerns Analiza Rebuelta-Teh though she said the DENR is poised to deny the second MR filed by Ore Asia.

“Ore Asia filed another MR and clarification to the DENR, which we received on December 18. In the said motion, they are requesting for sufficient time to submit their position paper, arguments, and documentary evidence in support of its motion,” Teh said.

“We will deny it. As a rule, no second MR is allowed,” she added.

She noted, however, that for “out denial to become final and executory,” there should be no appeal filed to OP within 15 days. This means that Ore Asia may still be given a chance to make an appeal to OP once the DENR denied its MR.

Of the three firms, Claver was the first to seek OP’s intervention, filing its appeal as early as December. Then on Friday, the legal counsel of Oriental Synergy has confirmed that they also went to OP to dispute DENR’s closure order.

“We have submitted our appeal to the Office of the President and furnished DENR with a copy. OP received our appeal on December 20,” the firm’s legal counsel said in a phone interview.

Oriental Synergy has a nickel and chromite mine in Dinagat Islands covering 648 hectares of land. Its head office is in Caloocan City.