Dismissal of Writ of Kalikasan

RNS Number : 7634F

Metals Exploration PLC

29 May 2013

 



29 May 2013

METALS EXPLORATION PLC

Metals Exploration plc (AIM: MTL) ("Metals Exploration" or the "Company"), the natural resources exploration and development company with assets in the Pacific Rim region.

Dismissal of Writ of Kalikasan and Writ of Continuing Mandamus

On 9 November 2012 the Company announced that "FCF Minerals Corporation (FCF), a wholly owned subsidiary of Metals Exploration Plc (MEP) and owner of the Runruno gold project in the Philippines, The Department of Environment and Natural Resources, The Mines and Geosciences Bureau and the National Commission on Indigenous Peoples have jointly been served with an application for a Writ of Kalikasan, seeking any number of remedies from a restraining order through ordering the payment of additional compensation to termination of the Runruno FTAA." The Company also announced "FCF believes the basis of the writ is flawed with significant inaccurate "facts", and has a vexatious element."

Working in conjunction with The Department of Environment and Natural Resources ('DENR'), The Mines and Geosciences Bureau ('MGB') and the National Commission on Indigenous Peoples ('NCIP'), FCF defended its position and rights in the Supreme Court of the Philippines through the Court of Appeals. The Resolution of the Court of Appeals was delivered on 24 May 2013 and the petition for the issuance of the Writ of Kalikasan and the Writ of Continuing Mandamus was dismissed. This decision vindicates the Company and its operations at Runruno and the judge ruled on the suit brought against it by the petitioners as follows:

a)    it was unsubstantiated and the petitioners showed a 'clear lack of interest in prosecuting',

b)    it wasn't motivated by a concern for the protection of the environment, and

c)    it was a frivolous action as FCF is not and had not been 'committing acts inimical to the observance of environmental laws'.

The Company defended itself on the basis that both writs were designed as a Strategic Lawsuit Against Public Participation ('SLAPP'), which had the intention to waste the time and resources of FCF through 'costly and emotionally exhausting litigation' in an attempt to frustrate FCF into submission. The petitioners' suit was deemed to be a harassment suit.

This is further evidenced in the Court's summary where it explains that although the petitioners' suit was brought against the government agencies (DENR, MGB and NCIP) as well as FCF, there were no allegations made against the government agencies in their suit. The petitioners failed to "state any particular act or duty that these agencies have violated or have failed to do".

Mr Ian Holzberger, Chairman of the Company commented "as responsible miners and proud winners and holders of several prestigious mining environmental awards in the Philippines, FCF will always vigorously defend its position as a leader in observing environmental laws and obligations. This lawsuit was vexatious and devious from its inception but FCF, together with the DENR, MGB and NCIP were resolute in defending its entitlement to mine in the contract area provided it in its Financial or Technical Assistance Agreement with the Philippine government. Our focus had been marginally diverted whilst we sought to dismiss these writs and now we have successfully achieved this we can continue the important work of putting Runruno into production, and always mindful of our duty of care to the environment as we progress'.

For further information please visit or contact www.metalsexploration.com

Metals Exploration PLC                                                                 [e-mail]

Ian R. Holzberger                                                                             [phone]

(Chairman)                                                                                         [phone]

Liam A. Ruddy                                                                                   [phone]

(Company Secretary)                                                                     [phone]

Nominated Adviser

Westhouse Securities Ltd                                                            [phone]

Martin Davison

Paul Gillam

Public Relations

Tavistock Communications

Edward Portman                                                                              [phone]

Jos Simson                                                                                         

Broker

SP Angel Corporate Finance LLP                                               

Ewan Leggat                                                                                       [phone]

Katy Birkin

 

END

 

 

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