Aussie mining firm fires back, sues Vizcaya Governor

Bayombong, Nueva Vizcaya – Australian mining firm OceanaGold filed a “Grave Coercion” case against Gov. Luisa Lloren Cuaresma before the Office of the Ombudsman. This development came about as the provincial board is deliberating on a resolution withdrawing support to the Didipio Gold-Copper Project.

Didipio is a mineral-rich village in the upland town of Kasibu, about 60 kilometers east of this capital town.

A belated copy of OceanaGold’s complaint marked as “Received” by the Office of the Ombudsman at 3:35 p.m. of June 11, 2008, alleged that the Cuaresma was being sued in “violation of Sec. 3 (e) of RA 3019” and “Sec 107 of RA 7942 or the Mining Act of 1995”. A copy of the complaint was obtained by GMANews.TV from a company insider who asked not to be named.

Along with Cuaresma, included in the charges were Senior Board Member Edu Balgos, a certain Senior Inspector Iringan of the Philippine National Police, Environment and Natural Resources Officer Francisco Tolentino and his staff Danny Ramos. John and Jack Does who are identified to be members of the Philippine National Police and provincial security guards were also included in the charge sheet.

The criminal complaint was based on the affidavit executed on May 22, 2008 by Mr. Gil R. Maglaque, Assistant General Manager of OceanaGold’s Didipio Gold Copper project.

In Maglaque’s affidavit, OceanaGold assailed Cuaresma’s “Cease and Decease Order” issued last April 9, 2008 which was allegedly “implemented contrary to law”. In a chronology of events that commenced November 23, 2007, Maglaque made a long litany of events that culminated in heated confrontations. The most violent so far took place on May 12, 2008 wherein, allegedly, a convoy that Cuaresma leads “forcibly entered” into the OceanaGold project site.

In Maglaque’s account, “Board Member Edu Balgos, who was leading the convoy of Gov. Cuaresma, along with several men armed with M-16s… shouted at the unarmed security personnel to open the boom of a company checkpoint.” Maglague stated further that Balgos allegedly challenged OceanaGold’s security personnel with such words as “Bakbakan na kung Bakbakan! Kayo mga bastos kayo!” (Let’s get to a gunfight if that’s what you want! You, you are shameless!)

The conflict between OceanaGold and the Provincial Government of Nueva Vizcaya which Cuaresma heads as the elected Governor stems out from the issue whether the provincial government can collect quarry taxes from the company or not.

Secretary Lito Atienza of the DENR issued a memorandum clarifying that under the Philippine Mining Act of 1995, specifically the Financial and Technical Assistance Agreement issued to the predecessors of OceanaGold, the mining firm is “exempt from paying such kind of local taxes”. Atienza further clarified that the on-going activities to develop the mines should not be considered as “quarrying”.

A secretary at the Office of the Governor said they have not received a copy of the complaint from the Ombudsman. “Governor (Cuaresma) was in Dupax attending to a funeral. I think she can’t issue a statement now because we do not have a copy yet,” she said.

Vizcaya anti-mining advocates nix “grandstanding” politicians

Bayombong, Nueva Vizcaya – The move of board members from the local political party Abante Vizcaya withdrawing support and endorsement of the Didipio Gold-Copper project is no big deal for some anti-mining advocates.

In the Sunday radio program “Sa Totoo Lang” aired over church-owned DWRV, the sentiments of activists who have fought against OceanaGold at the time when Gov. Luisa Lloren Cuaresma was enjoying honeymoon with the company were echoed by a barrage of text messages.

“This is a case of a classic grandstanding and exploitation of the deep-rooted sentiment of Vizcayanos against large-scale mining,” a reaction sent via short messaging service reads.

OceanaGold’s temporary suspension is not a result of the local political party’s sour graping and bullying but because the company is undergoing a financial restructuring, an activist quoting the company’s website clarified.

“What if the mining company will pay the taxes and award fresh contracts to politician’s favored contractors? Will the SP withdraw again the resolution of withdrawal (of support)?” said another text message sent to “Sa Totoo Lang”.

During the voting for the controversial resolution last Wednesday’s regular session of the provincial board, 8 board members voted in favor, 3 against and 1 abstained. One board member was absent during the session.

Those who voted for the resolution were board members Edu Balgos, Merlie Talingdan, Efren Quiben, Tony Dupiano, Glenn Afan, Amado Mangaoang (Liga ng mga Barangay), Angielyn Burton (SK Federation) and Santiago Dickson. Dickson is the only board member who does not belong to the Abante Vizcaya party.

Those who voted against the resolution were board members Patricio Dumlao Jr., Reina Nita Tidang and Filma Dulay-Perez, all belonging to Pres. Gloria Macapagal-Arroyo’s party, the Lakas-Kampi coalition. Provincial Councilor’s League President James Toledo, another sectoral representative, abstained while board member Maybelle Dumlao was absent.

Board member Filma Dulay-Perez, widow of Cuaresma’s archrival - the late Atty. Leonardo Byron Perez, explained why she voted against the resolution withdrawing support to the Didipio Gold-Copper Project. “I have not endorsed the project since I am not a party to the September 7, 2005 SP resolution, so what should I withdraw?” asked Perez.

Atty. Perez has been belatedly proclaimed winner of the 2004-2007 gubernatorial term by Comelec several days after his death in January 22, 2007. Cuaresma, although defeated, served the full term after Vice Governor Jose Gambito refused to take over the unspent days of the term.

“I don’t want to be a party to a political blackmail of sourgraping politicians, who are using the imagined 28-million pesos tax as camouflage for a hidden self-interest worth ten or more times than that,” Perez added.