RTC denies TEPO vs Didipio Mine
BAYOMBONG, Nueva Vizcaya: The Regional Trial Court (RTC) here has denied the prayer for a temporary environmental protection order (TEPO) assailing the renewed financial or technical assistance agreement (FTAA) of OceanaGold (Philippines) Inc. (OGPI) which operates the Didipio Mine in Barangay Didipio, Kasibu town, Nueva Vizcaya.
In his order dated April 24, 2024, Executive Presiding Judge Paul Attolba Jr. of the RTC Branch 30-Bambang, Nueva Vizcaya, said that the TEPO prayed for “cannot be granted at this time due to lack of basis.”
On Monday, April 22, the Legal Rights and Natural Resources Center on behalf of the petitioners filed a Petition for Certiorari and Continuing Mandamus with a prayer for TEPO, which seeks the reversal of the FTAA001 issued to OGPI.
“The court has carefully studied the petition and finds that at this point, it contains mere allegations that must be threshed out in a full-blown trial,” Attolba’s order stated.
The RTC judge explained that a TEPO is issued by the court to provide immediate and temporary relief in cases where there is a risk of imminent and irreparable environmental harm.
He said the issuance of TEPO also aims to address urgent environmental concerns, prevent further damage and preserve the status quo pending the resolution of the environmental issue involved.
“[The court] is not convinced at this point that there is an immediate or irreparable harm to the environment to justify the issuance of a TEPO especially so that the petition is not supported by clear and convincing evidence to enable the court to make an intelligent finding as to whether or not to issue the said protection order,” the decision said.
Meanwhile, Joan Adaci-Cattiling, Didipio Mine president and general manager for External Affairs and Social Performance, said the company welcomes the order of the RTC denying the application for a TEPO against the operations of the Didipio Mine.
“We maintain that we have undergone a comprehensive and thorough process over three years for the government’s confirmation of the renewal of our mining contract and that we complied with all requirements,” Adaci-Cattiling said.
She also expressed gratitude to the government, local government units, communities and the many stakeholders of the Didipio Mine for fostering a conducive environment for the company.
“We remain deeply committed to the high standards of responsible and sustainable mining practices, and to the promotion of inclusive economic development by actively contributing to our host communities and society at large,” Adaci-Cattiling added.
The FTAA renewal of OGPI which operates the Didipio Mine in the upland village of Didipio in Kasibu town in this province covers an additional 25 years beginning June 19, 2019. The initial 25-year FTAA took effect on June 20, 1994 and expired on June 20, 2019.
FTAA is a permit issued by the Philippine government to a multinational company sharing technology and resources to explore and extract minerals in the country.
Earlier, Didipio barangay captain Henry Guay said the petitioners had asked the barangay council and residents to support the petition but denied their request saying “we as residents do not have a problem with OceanaGold and that our village is peaceful.”
Guay said the barangay council believes that the FTAA renewal of OceanaGold has undergone the right process as mandated by the government.
“In truth, it actually took two years to review their application before they were granted the approval. If there is any wrongdoing that the company is doing, I, together with the barangay officials will be the first to call out OceanaGold and for the Mines and Geosciences Bureau to close down their mine,” he added.
Guay said the council even passed Barangay Resolution 13, series of 2024 dated Feb. 5, 2024, denying the request of Didipio Earth-Savers Multi-Purpose Association or Desama, which are among the petitioners of the Tepo, to demand the Office of the President for the cancellation of
“This body respects the overwhelming support among the residents for the continued operations of the Didipio Mine,” the resolution stated.
Engineer Mario Ancheta, Mines and Geosciences Bureau Region 2 director, said the Didipio Mine of OGPI is among the benchmark gold mining operations in the region “and as a regulatory body in the region, we really want OGPI to be the benchmark of mining in the country being the first FTAA issued by the government to a mining company.”
“Didipio Mine is deeply committed to the high standards of responsible and sustainable mining practices, and to the promotion of inclusive economic development by actively contributing to its host communities and society at large,” Ancheta said.
On Tuesday, OGPI made its first payment of additional government share or AGS worth over P1.1 billion under the terms of its FTAA, maintaining the Philippine government’s 60 percent stake in the mining firm’s net revenue.
“With your [OGPI] commitment to safe and responsible mining practices and the gender balance that is being pursued in the actual operations, OGPI has not only upheld the highest standards but also has been a beacon of sustainable resource management in the country,” said Secretary Maria Antonia “Toni” Yulo-Loyzaga of the Department of Environment and Natural Resources.
A gold-copper underground mine, OGPI’s Didipio Mine which straddles the provinces of Nueva Vizcaya and Quirino entered into an FTAA with the Republic of the Philippines with a fiscal regime of a 60-40 basis.