Quisumbing Torres Lawyers Speak at Mining Philippines 2010 Conference & Exhibition
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| The afternoon panel session entitled ““Addressing Current Issues””. From left to right: Hon. Chief Justice Reynato Puno, Emmanuel Buenaventura, Panel Chair Patricia Bunye and Dennis Quintero. |
With mining identified as one of the essential industries expected to fuel economic growth, key players converged at the Mining Philippines 2010 Conference and Exhibition organized by the Chamber of Mines of the Philippines at the Manila Hotel last 14 – 16 September 2010.
Quisumbing Torres (QT) partners Emmanuel S. Buenaventura and Dennis A. Quintero discussed critical legal concerns confronting Philippine mining industry players at the panel session themed “Addressing Current Issues” held on the last day of the conference. Former Chief Justice Reynato Puno gave a presentation entitled “Clarifying Rules of Procedure for Environmental Cases” and Patricia Bunye of the Chamber of Mines’ Legal Committee moderated the panel discussion.Emmanuel Buenaventura, partner of the Dispute Resolution Practice Group of QT, and lead litigation lawyer handling mining arbitration and dispute resolution work, discussed the new Rules of Procedure on Environmental Cases (“RPEC”) issued by the Philippine Supreme Court on 29 April 2010. He provided the conference with an overview of the civil, criminal and special civil actions on the enforcement or violations of environmental laws. He also discussed the implications of the liberalized rules on standing and citizen’s suits, deferment of payment of filing fees, various innovations for the speedy disposition of cases, environmental protection orders (EPO and TEPO), prohibition on injunction, the writ of kalikasan (environment), the writ of continuing mandamus, the precautionary principle of evidence, and the treatment of cases that are deemed to be a “strategic lawsuit against public participation” (SLAPP) under the RPEC. Noting that shortly after the issuance of the RPEC, a class action was already filed by hundreds of residents in Surigao against three mining companies and the Department of Environment and Natural Resources (“DENR”), and that jurisprudence on the RPEC will continue to evolve with other test cases that may be filed in the future, he said that the mining industry could face the challenge by pursuing current initiatives to revisit and review the RPEC, making internal preparations against similar actions, complying with environmental standards, or initiating relevant legislation.
Dennis Quintero gave a comprehensive run-down of the Alternative Mining Bill in his presentation entitled “Proposed Alternative Mining Act: Threat or Phantom”, arguing that any constructive provisions of this proposed legislation are already addressed in current Philippine mining law and regulations. He noted that the current Philippine Mining Act of 1995 is a world-class mining law, comparable to other mineral-rich and high-income nations, and that it addresses international best practices requirements. Further, he proposed that improvements in the current mining regime may be achieved through passage of regulations under the 1995 Mining Law or contractual stipulation in mineral agreements or Financial or Technical Assistance Agreements.Bolstering his argument against the passage of new legislation in the form of the Alternative Mining Bill, Dennis Quintero gave a comparative summary of international best practices/guidelines vis-à-vis existing Philippine laws/regulations, showing that the latter address international best practices, particularly in the area of environment protection.
In summary, he said that proposed Alternative Mining Bill contains provisions that may be grouped into those that are (a) contrary to the 1987 Constitution, (b) unrealistic and impractical, and (c) already addressed under the current mining and environment legal regime.
Dennis Quintero is a partner of the Corporate & Commercial Group and heads the Mining & Metals Industry Group of QT. He also delivered a presentation entitled “Legal Ramifications of Mining in the Philippines and ASEAN Countries” at the 8th Asia Pacific Mining Conference and Exhibition. His legal papers have been published in the Philippine Law Journal and the Australian Resources and Energy Law Journal.
Leo Dominguez, retired partner and former head of QT’s Mining Group also chaired the panel session entitled “Mineral Commodities Outlook”. He also clarified some issues on the RPEC by addressing questions to Former Chief Justice Puno during the panel discussion on “Addressing Current Issues.”
The three-day Mining Philippines 2010 Conference and Exhibition was attended by more than 200 delegates representing major mining companies and service providers from various countries. Hundreds of visitors eager to learn more about the mining industry excitedly explored the more that 70 exhibitors who showcased a variety of new machinery, products and services at the Fiesta Pavilion.
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