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Monday, August 15, 2005
Gov't mining firm in Diwalwal told: stay off contract areas
A COURT in Nabunturan, Compostela Valley issued a 17-day temporary restraining order against the government-run Natural Resources Mining Development Corp. (NRMDC) from operating in Diwalwal areas covered by service contracts.
Executive Judge Hilarion Clapis of the Regional Trial Court Branch 3 in Nabunturan issued the TRO on August 12 ordering the NRMDC to "refrain from operating in areas covered by service contract, allow small miners to mine in the service contract areas and vacate the areas covered by the service contract."
The Compostela Valley Federation of Mining Cooperative (CVFMC) earlier requested the court for an injunction against the NRMDC after the government's business arm in Diwalwal was said to have entered the mining area of the CVFMC in June.
The complainant said the NRMDC, with the help of the Army's 28th Infantry Battalion, entered their mining area and took over their operation and prevented the miners from operating in the area by filling the mining shaft with muck ore.
The miners claimed that they were given the permit to mine in Diwalwal's Balite and Tinago vein system through the service contract issued to them by the National Government.
Thus, the miners claimed, "NRMDC's act of forcibly covering the shaft and operating in the service contract area without a permit duly issued by the proper government authorities and preventing miners' access to and from the mining area was a transgression of the service contract agreement hence illegal."
"Moreover the takeover by the NRMDC and its agents (Army) of the mining operation in the area covered by service contract is arbitrary, malicious and illegal amounting to confiscation of property rights without due process of law and violates the security of tenure of the small miners who had been in actual operation and possession of the subject area before 1987," said the petitioners in their affidavit of complaint.
The Balite and Tinago mining area in Diwalwal had been the subject of conflict between the small miners and the NRMDC lately due to reported multi-billion dollar gold reserves in the said area.
The NRMDC is claiming exclusive rights to operate in the below level 600 of Diwalwal which is being opposed by the small miners. The small miners earlier accused the government of reneging on their promise not to allow multi-national mining corporations from operating in Diwalwal.
Miners warned of a forcible takeover if the NRMDC refuses to give in to their demands. (BOT)
For Bisaya stories from Davao. Click here. (August 15, 2005 issue)
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