BAYOMBONG, Nueva Vizcaya – The provincial government is set to file before the Court of Appeals (CA) a motion seeking the lifting of the temporary restraining order (TRO) it had granted to a mining company.
The TRO stopped the provincial government from enforcing the cease-and-desist order it had issued against Oceana Gold Philippines for its continued refusal to pay quarry fees in compliance with the provincial tax ordinance.
Meanwhile, the regional police based in Tuguegarao City, Cagayan denied that its men in Quirino detained members of a congressional team for 20 minutes at a checkpoint there last week.
The House contingent was on its way to remote Didipio village in Kasibu, Nueva Vizcaya to investigate abuses allegedly committed by Oceana Gold in carrying out its national government-backed gold-copper project in the area.
“Definitely, we will file a motion to lift the TRO. This foreign firm is making an impression before the CA that their imaginary fears are facts,” Vice Gov. Jose Gambito said.
The other day, the CA granted Oceana Gold’s petition for a TRO against the cease-and-desist order, which prevents it from using its quarry equipment until such time that it is able to pay quarry fees and other taxes amounting to about P30 million.
Cuaresma issued the cease-and-desist order last April after Oceana Gold ignored earlier demands by the provincial government.
Oceana Gold is behind the $117-million mining venture in Didipio, one of two large-scale mining projects granted a Financial Technical and Assistance Agreement since the enactment of the Philippine Mining Act of 1995.
Lawyer Epifanio Galima Jr., the provincial government’s legal consultant, said it was ironic that Oceana Gold did not question the constitutionality of the provincial tax ordinance, which was the basis for the collection of quarry fees and taxes.
“Since they (Oceana Gold) did not question the constitutionality of the tax ordinance, therefore why should they prohibit its implementation, which is the cause of the issuance of the cease-and-desist in the first place?” he said.