Writ of Kalikasan dismissed

RNS Number : 3296B

Metals Exploration PLC

03 March 2014

 



3 March 2014

METALS EXPLORATION PLC

Metals Exploration plc (AIM: MTL) ("Metals Exploration" or the "Company"), the natural resources exploration anddevelopment company with assets in the PacificRim region.

Dismissal of Writ of Kalikasan and Writ of Continuing Mandamus

On 21 October2013 the Companyannounced that The Presiding Judge of RTC-Branch 28, Bayombong, Nueva Vizcaya, FCF Minerals Corporation and The Department of Environment and Natural Resources have jointly been served with an application for a Writ of Kalikasan and a Temporary Environment Protection Order. This is a second attempt to enforce this type of writ against FCF and the Company also announced "Once again, FCF believe these claims are driven by vexatious intent, are entirely unfounded and the petition is based on significant inaccurate facts". FCF Minerals Corporation (FCF) is a wholly owned subsidiary of Metals Exploration Plc (MEP) and owner of the Runruno gold project in the Philippines. A 'Notice of Judgement' on this petition was delivered on 28 February 2014 in favour of the defendants.

The case was heard in the Supreme Court of the Philippines through the Court of Appeals in Manila. The Resolution of the Court of Appeals was delivered on 28 February 2014 and the petition for the issuance of the Writ of Kalikasan was dismissed. The Court ruled that all other issues raised by the petitioners were dismissed too.

The Court concluded that "Upon careful scrutiny of the petition before Us, the Court is convinced that there exists no legal basis to issue the writ being prayed for."

The Court observed "In this case, the petitioners tried to establish environmental damage that prejudices the life, health or property of inhabitants in the area. However, as correctly argued by both FCF and the Solicitor General the two-cities/province rule requirement of the REC¹ has not been met."

Having established the above the Court determined that all other issues raised in the writ were not worthy of being ruled upon and stated, "Considering that the petitioners failed to comply with the requisites for the issuance of the Writ of Kalikasan under the REC¹, the Court sees no reason to discuss or resolve the other issues raised in the petition. The dismissal of the petition is warranted.

WHEREFORE, the instant petition for the issuance of the Writ of Kalikasan is DISMISSED."

Mr. Ian Holzberger, Chairman of the Company commented "this is the second time in two years FCF Minerals Corporation has defended itself against a Writ of Kalikasan and we are very happy with the rulings of the Court Of Appeals in Manila. The Company prides itself as a responsible miner and recognizes completely its obligations to the environment as dictated in its Financial and Technical Assistance Agreement (FTAA). We have an obligation to protect and rehabilitate that part of the contract area of the FTAA which FCF will utilize in its mining operations. FCF chooses to rehabilitate on a continuing basis and as quickly as possible, working closely with the responsible authorities, in particular the Mines and Geosciences Bureau to uphold and deliver our obligations. In closing I reiterate my statement on the previous ruling "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".

¹Rules of Procedure for Environmental Cases

For further information please visitor contact www.metalsexploration.com

Metals Exploration PLC	[e-mail]
Ian R. Holzberger (Chairman)	[phone] [phone]
Liam A. Ruddy (Company Secretary)	[phone] [phone]
Nominated Adviser Westhouse Securities Ltd Martin Davison Paul Gillam	[phone]
Public Relations Tavistock Communications Edward Portman Jos Simson	[phone]
Broker SP Angel Corporate Finance LLP Ewan Leggat Katy Birkin	[phone]

 

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