TVIRD obtains injunction vs Zambo ban

MANILA, Philippines - TVI Resource Development (Phils.), Inc. (TVIRD) has been granted a preliminary injunction against an ordinance that would ban open pit mining in Zamboanga del Norte.

The Dipolog Regional Trial Court (RTC) order effectively stops the implementation of the ordinance and allows TVIRD to continue its operations without legal impediment while the main case (the legality of the ordinance) is being litigated in the Court.

The Dipolog RTC said that “TVI is entitled to an injunction because it would suffer grave and irreparable damage and injury if the ordinance would be implemented.”

Cliff James, president and chief executive officer (CEO) of TVI Pacific, welcomed the preliminary injunction.

“This is excellent news for all TVI stakeholders,” James said in a statement, adding “We strongly believe the powers to be assumed by the province under the ordinance, and by the provincial governor of Zamboanga del Norte, are unconstitutional. While the court order allows TVIRD to continue its operations in Canatuan unimpeded, we will continue to relentlessly pursue ultimate relief from what we view as an unconstitutional local legislation,” James said.

The Dipolog RTC plans to conduct hearings on the legality of the ordinance. It is anticipated that the hearings will involve a lengthy process. There is no assurance that any litigation commenced by TVIRD in the Philippines courts or negotiations with Zamboanga del Norte officials will result in nullification or retraction of the ordinance or otherwise mitigate the effects of the ordinance on the operations of TVIRD at Canatuan.

TVIRD, however, believes that the decision of the Dipolog RTC to grant the company a preliminary injunction against the ordinance that would ban open pit mining in Zamboanga de Norte is a major victory.

The preliminary injunction allows TVIRD to continue to operate without worrying about possible local government action against its operations.

TVIRD also believes that the preliminary injunction is a victory for the host communities and the indigenous peoples — the Subanons — as they will continue to enjoy all the benefits being provided by TVIRD.

TVIRD claims that there is a groundswell of support against the ordinance.

The business community in Zamboanga del Norte, through the Mindanao Chapter of the Philippine Chamber of Commerce and Industry, has already spoken against it.

Close to 45,000 Subanons have already signed a petition against the ordinance.

Local officials have also called for a repeal of the ordinance and have thrown their support behind TVIRD.

The injunction, according to TVIRD, is the first step towards complete victory.

TVIRD is now preparing for a legal battle to prove that the Zamboanga del Norte local ordinance is invalid and unconstitutional.

“We believe we are on the side of the law and we expect to win this,” TVIRD statement said.