Court drops injunction plea vs small miner
The Zambales Regional Trial Court junked a petition for injunction of a large mining company to stop a small-scale miner to gather and export the firmís alleged chromite stockpile in Masinloc in this province.
In his decision, Branch 71Judge Consuelo Amog-Bocar rejected the petition filed by the Consolidated Mines Inc., represented by its assistant unit manager Felizardo Clark, to prevent Camilo Esico from hauling chromite from an existing stockpile in the Coto mine site of CMI.
The judge took into account of the fact that CMIís mineral production sharing agreement had already expired on Jan. 11, 2011, and that its application for a renewal of another MPSA was not a guarantee for CMI to exercise its right over the disputed stockpile of chromite wastes or tailings at the Coto mine site, particularly at Towers 8 and 9 not covered by its previous contract area.
Esico was allowed to operate by virtue of a small-scale mining permit valid until Sept. 3, 2012 duly issued by the provincial government, she added.
According to Amog-Bocar, the subject of the injunction relief filed by CMI was the stockpile of chromite considered as wastes or tailings at Towers 8 and 9, areas not covered under CMIís MPSA.
CMI dumped their chromite tailings outside its Coto mine site, prompting the Zambales provincial government to issue Esico and five other small-time miners the necessary permits to gather the wastes left behind by CMI.
The court said it was clear that CMI had no legal jurisdiction over the disputed stockpile of the mineral wastes.
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