CA upholds ECC of Agusan firm for large-scale mining

TUBAY, Agusan del Norte – The Court of Appeals’ sixth division has upheld the validity of the environmental compliance certificate (ECC) for large-scale mining of a company which, together with two other firms, was told to stop operations in Agusan del Norte.

In a five-page resolution, the sixth division said that based on its 2007 ECC issued last March 7, S.R. Metals can continue its nickel and cobalt mining operations.

The CA division, incidentally, was the same one which affirmed last July 4 the cease-and-desist order issued by former Environment and Natural Resources Secretary Angelo Reyes against S.R. Metals, San R Mining and Construction and Galeo Equipment and Mining Corp.

S.R. Metals then sought clarification from the appellate court on Reyes’ July 20 memorandum implementing the Nov. 20, 2006 cease-and-desist order over the company’s expired ECC. 

In its resolution, the sixth division said that considering that S.R. Metals’ 2006 ECC had expired and that it was granted a 2007 ECC for large-scale mining, it was “baffled” by the DENR’s issuance of the memorandum implementing the cease-and-desist order.

“Indeed, the memorandum seeks implementation of the (cease-and-desist order) pertaining to expired ECCs over areas presently covered by an effective 2007 ECC which allows petitioner SR Metals to continue mining,” it said.

“Clearly, the memorandum distorts this court’s July 4, 2007 decision as the same recognized petitioner SR Metals’ rights to continue its operations under the 2007 ECC rather than order the same to stop its mining activities,” it added.

Some 1,200 locals were displaced when S.R. Metals and the two other firms were forced to halt their operations as a result of Reyes’ July 20 memorandum. The situation is expected to continue until the appellate court finally decides on the case.

Because of the loss of revenue and economic opportunities, the Agusan del Norte provincial board is expected to pass a resolution of support for the mining firms.

The Cabadbaran City council and the Tubay municipal council are also expected to pass similar resolutions.

The three mining companies have reportedly paid some P41 million in direct taxes since they began operations last year.