Mining firms send retired SC justices to defend 1995 mining law before high court. Retired justices of the Supreme Court on Tuesday returned to the halls of the high tribunal one more time, not as judges but as legal counsel for mining firms supporting Republic Act 7942 or the Mining Act of 1995. To support the contested law, former SC Associate Justices Florentino Feliciano and Vicente Mendoza both invoked the doctrine of “stare decisis,” which obliges judges to respect rules or principles laid down in previous judicial decisions unless they contravene the ordinary principles of justice. Feliciano is legal counsel for Oceanagold mining firm, while Mendoza represents the Chambers of Mines of the Philippines (COMP). July 31st SMI, OceanaGold, TVIRD, and AMCOR are all members of COMP, an association of exploration, mining, mineral processing, quarrying, cement, oil and gas, and service industries, as well as professional associations. The mining groups oppose the two petitions questioning the mining law. In December 2004, the high court had already declared the 1995 mining law as constitutional (La Bugal v Ramos). In March 2008, the issue was revived when several petitioners questioned the constitutionality of Section 80 and 81 of the Mining Law, as well as a Department of Environment and Natural Resources (DENR) administrative order (DAO) for limiting the government’s share in mining activities to duties, fees, and usual taxes, including an excise tax of 2 percent. On Tuesday, the retired justices said the La Bugal ruling should no longer be disturbed. Feliciano stressed that the 2004 SC ruling had already settled “with finality” all possible issues on the mining law. Feliciano disagreed with Senior Associate Justice Antonio Carpio’s observation that the Philippine government might end up receiving “zero to nil” share under DAO 199-56, which provided “Guidelines establishing the Fiscal Regime of Financial or Technical Assistance Agreements.” He argued that the taxes levied by the government from the mining firms would suffice. When it came her turn, Chief Justice Maria Lourdes Sereno said “if we were to believe the facts, we have no choice but to review” the 2004 ruling. Mendoza, meanwhile, cited the US and Canada as some of the countries that already consider taxes as the government share in mining activities. The former magistrate insisted that the issue on fairness of the government’s share in mining activities was a policy question best left for the legislative branch to settle rather than the high court. None of the SC justices interpellated Mendoza, who said before starting his speech that at his age, he was already having a hard time hearing. The en banc then gave all the parties in the case to submit their respective memoranda within a “non-extendible” period of 20 days. COMP said about P173 billion ($4 billion) in mining investments were poured into the country since 2004 following the high court’s La Bugal ruling, making the industry a significant contributor to national development. They claimed that the investments included billions of pesos invested in the countryside. By ELR, GMA News.
Posted on: Sat, 03 Aug 2013 10:28:46 +0000
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