THE Court of Appeals (CA) yesterday issued a temporary restraining order   (TRO) enjoining the Nueva Vizcaya government from implementing its cease-and-desist order (CDO) against a government mining project known as Didipio Gold Copper Project,  which is being carried out by its contractor, OceanaGold Philippines Inc.

In a five-page resolution penned by Associate Justice Remedios Salazar-Fernando, the Court’s Sixth Division said a TRO is necessary to “avert further hostilities and to avoid this controversy from spiraling into more violent proportions.”

Oceana stressed in its petition that a TRO should be issued to let the tension subside in the area following the respondents’ forcible entry into its project site with the aid of armed personnel and police officers, the attempted trespass into its’ project site of around 106 people onboard trucks, comprised of PNP and Army men and the murder of barangay captain Paul Baguilat of Didipio, Kasibu, which is believed to be related to the controversy.

“This Court is of the impression that the controversy had engendered an atmosphere of tension and antagonism in the locality…All these circumstances combined sufficiently convince this Court of the necessity of a temporary restraining order…,” the CA said.

The mining firm named Nueva Vizcaya Gov. Luisa Lloren Cuaresma and provincial treasurer Perfecto Martinez as respondents in the case.

Based on the mining firm’s petition for prohibition filed before the CA, former-President Ramos inked a Financial or Technical Assistance Agreement (FTAA) with Climax-Arimco Mining Corp. (CAMC), predecessor-in-interest of OceanaGold.

One of the projects under the FTAA is the Didipio Gold Copper Project, which covers a portion of 975 hectares of the original total FTAA area of 37,000 hectares, straddling the provinces of Nueva Vizcaya and Quirino.

On December 23, 1996, CAMC assigned the FTAA to OceanaGold Inc. The assignment was approved by the Department of Environment and Natural Resources on December 9, 2004.

During the implementation of the FTAA project, Cuaresma issued on November 23, 2007 a CDO requiring OceanaGold to stop its quarrying activities one of the rivers within the FTAA area for alleged violation of the existing provincial government ordinance on sand and gravel permit requirements.

OceanaGold insisted in its letter to Cuaresma that it was lawfully conducting works pursuant to FTAA and the Philippine Mining Act of 1995.

In an attempt to resolve the issue which was adversely affecting the mining firm’s operations requiring sand and gravel, it held a dialog with Cuaresma.

The governor subsequently permitted Oceanagold to resume operations, on the condition that it replaced its contractor with another company which agreed to secure a permit and pay the fees to the provincial government.

However, on April 9, 2008, Cuaresma issued another CDO prohibiting the mining firm and its contractor, Delta Earth Moving Inc., from continuing their operations.

Despite advice from the Mines and Geosciences Bureau, Region II and the DENR that the activities being undertaken by Oceanagold do not fall within the definition of quarrying under the Mining Act, the governor refused to lift the CDO.

With clearance from the MGB and DENR, Oceanagold continued its operations on May 11, 2008. However, Cuaresma together with fully-armed men and police officers entered the project site without permission and destroyed the lock of one of the firm’s gates.

Three days after, several armed men barged into the firm’s premises and ordered the company’s personnel to cease their operations.

Oceanagold said it decided to file its petition for TRO directly before the appellate court instead of the Nueva Vizcaya RTC as it has “reasonable grounds to believe that it will not get fair treatment” from the lower court since the respondents are the highest officials of the province.

The appellate court said it agreed to take cognizance of the case due to the seriousness of the circumstances cited by the petitioner.

“While this Court does not doubt the integrity and competency of the judges in the Regional trial Court in Nueva Vizcaya to take cognizance of the instant petition, this Court shares the petitioner’s apprehension that the judges therein may not be at complete liberty to resolve and decide the petition according to their best light and judgment,” the CA said.

“Since the instant petition is lodged against the highest officials of the province, it is not remote that some or most of them may be beholden to the respondents, not to mention the fact that some of their additional allowances and benefits indeed come from the provincial coffers,” the appellate court added.

THE government is pursuing air talks with several countries as local airlines are setting their sights on more overseas flights.

Empire sets P8-B capex for Metro Manila projects

EMPIRE East Land Holdings Inc. is setting aside P6 billion to P8 billion in the next five years to fund three projects located near mass transit stations in Metro Manila.

PNOC Energy Development Corp., the Philippines’ largest geothermal power producer, said it may borrow as much as P25 billion this year for expansion and acquisitions.

IN a move to take advantage of the high prices of steel in the world market, listed TKC Steel Corp. (TKC) will start exporting this metal alloy to Saudi Arabia, its president and chief operating officer Anthony Dizon said Tuesday.

THE Court of Appeals (CA) yesterday issued a temporary restraining order   (TRO) enjoining the Nueva Vizcaya government from implementing its cease-and-desist order (CDO) against a government mining project known as Didipio Gold Copper Project,  which is being carried out by its contractor, OceanaGold Philippines Inc.

IT has been held that “where a single act or transaction of a foreign corporation is not merely incidental or casual but is of such character as to distinctly indicate a purpose to do other business within the State, such act constitutes doing business within the meaning of statutes prescribing the conditions under which a foreign corporation may be served with summons (Far East Int’l. Import and Export Corp. v. Nankai Kogyo Co. Ltd., 6 SCRA 725 1962).