Oceanagold vows to defend right to operate Didipio mine
Didipio gold mine owner and operator oceanagold Corp. said it will defend its right to operate the mine while it completes the Financial and/or Technical Assistance Agreement (FTAA) renewal process.
The company made the statement following a still unverified report of its defeat in the legal proceedings at the Court of Appeals (CA). in a statement emailed to reporters on Monday, Oceanagold said it is currently seeking confirmation of the reported CA decision which was widely circulated in social media.
Oceanagold said it is seeking confirmation of the report as it has not received any formal order from the CA. it says that if the denial of the injunction is accurate, it
will continue to defend its right to operate the Didipio Mine in the interim while it completes the FTAA renewal process.
“To this end, Oceanagold intends to follow the usual appeal process with the Court of Appeals, and if necessary, to the Supreme Court of the Philippines.”
On June 30, the Ca’s16th division said Oceanagold’s financial and technical assistance agreement (FTAA) has expired and thus the company has no right to continue operating the Didipio Mine, according to a report.
The CA decision stated that since the initial term of the FTAA already expired without it being renewed yet, there is no prevailing agreement on which the petitioner can anchor its right to continue its mining operations.
On June 10 last year, following the FTA A’s expiration, Nueva Vizcaya Governor Carlos Padilla issued an advisory that led Barangay Didipio officials to issue Resolution 59, stopping Oceanagold’s operations. This prompted Oceanagold to question the legality of the governor’s order.
in July 2019, the company applied for an injunction “as a temporary measure” while challenging the legality of the order halting its operation.
According to Oceanagold, the company’s main petition in the Regional Trial Court in Nueva Vizcaya challenging the legality of the governor’s order is still ongoing.
However, due to delays caused by the Covid-19 pandemic, the parties are still undergoing pre-trial conference.
“The company maintains authority over the Didipio Mine rests with the National Government. The local Government Code of 1991 [Republic Act 7160] does not grant the power or authority to the Provincial Governor or any local government officer to restrain any aspect of the Didipio Mine operations,” the company said.
Moreover, Oceanagold said the renewal of the FTAA is a separate and independent process which the national government has authority over.
“in this regard, the status of the FTA A renewal has not changed, and it remains with the Office of the President of the Philippines.”
Oceanagold said it will continue to work with the national government to finalize the renewal of the FTAA and remain open to engaging with the provincial governments of both Nueva Vizcaya and Quirino that are hosting the FTAA.