Zamboanga del Norte readies for court battle over open-pit mine ban

DIPOLOG CITY—The provincial government of Zamboanga del Norte stood pat on an ordinance banning open-pit mining and prepared to do battle in court with a mining firm that filed a suit seeking to declare the local law unconstitutional.

Provincial board member Cedric Adriatico on Friday said the protection of the environment and the welfare of the people of the province was more important than what TVI could offer out of its mining operations in Siocon town.

TVI, a Canadian mining company, is conducting open-pit mining to extract copper and gold in the town.

The firm has been operating in Siocon for at least 13 years. On Wednesday, it filed a petition seeking a temporary restraining order against the antiopen-pit mine ordinance, saying it was unconstitutional.

In a statement, TVI said the ordinance violates provisions of the Constitution that guarantee due process, equal protection and sanctity of contracts.

It said the ordinance also runs counter to provisions of the Local Government Code and a new mining law that allowed fully foreign-owned companies to engage in mining in the Philippines.

Rhonda Bennetto, TVI vice president for investors and corporate relations, said in a letter to company stakeholders that the ordinance could force the firm to shut down its operations in Zamboanga del Norte.

She said TVI believed the ordinance violated national laws, including the Constitution, and would contest it.

Board member Adriatico, however, said no law was violated and the ordinance had the full backing of the the provincial board.

He said the board would answer TVI’s charges in court. He also reacted strongly to TVI’s claim that Subanens would lose their livelihood as a result of the open-pit mining ban. “TVI is only after its own interest and of nobody else,” he said. Tito N. Fiel, Inquirer Mindanao