Ordinance banning open pit mining is invalid and unconstitutional
TVI Resource Development (Phils.) Inc., (TVIRD) has today launched an action in court for a temporary restraining order (TRO) and/or a preliminary injunction against any officers, agents, employees, representatives and anyone acting on behalf and within the control of Zamboanga del Norte from implementing an ordinance banning open pit mining in the province.
TVIRD, which operates a minerals development operations in Sitio Canatuan, Brgy. Tabayo, Siocon, Zamboanga del Norte, filed the case today in a court in Dipolog City.
In its pleading, TVIRD assailed the Zamboanga del Norte ordinance as unconstitutional and invalid.
The firm argued that the ordinance violates the due process, equal protection and non-impairment of contracts clauses of the 1987 Constitution.
It added that the ordinance is contrary to the applicable provisions of the Local Government Code and the Mining Act, and runs counter to the public policies espoused in these laws.
“In addition to affecting the Company directly, (the ordinance) would adversely affect the indigenous people who own the ancestral domain where the mining project is situated, the communities and barangays that benefit through the operations’ social development programs, and the national government, as it stands to lose not only the revenue from the mining operations but also hamper its policy to encourage foreign and private sector investment in the mining industry,’ TVIRD stressed.
