Mine firm questions halt order from MGB
The mining company behind exploration activities in Dupax del Norte, Nueva Vizcaya, has questioned the legality of the suspension that the Mines and Geosciences Bureau (MGB) imposed even as an environmental group has pushed for the cancellation of its operation which, it said, would expose local communities to “continued plunder and harassment.”
In a statement on Wednesday, Woggle Corp. said that it respected the regulatory authority of the MGB but the company “is compelled to raise serious concerns regarding the legal and contractual implications of the suspension.”
This was in response to the MGB’s Feb. 5 letter halting Woggle’s exploration activities at Barangay Bitnong in Dupax del Norte due to “sustained community opposition” within the approved area of the exploration permit.
The letter was signed by Michael Cabalda, Department of Environment and Natural Resources assistant secretary for mining concerns and officer in charge director of the MGB.
Force majeure
“Such opposition has resulted in the establishment of barricades and blockades along access roads leading to the exploration site, thereby impeding entry and giving rise to concerns affecting public safety, peace and order,” the MGB said.
Despite the “interventions” undertaken by authorities, the conditions within the area have “persisted,” the MGB noted, adding that this continued to prevent the “safe, orderly and lawful conduct of exploration activities.”
The MGB said it found that the “prevailing situation” in Dupax del Norte constitutes force majeure under Republic Act No. 7942, or the Philippine Mining Act of 1995.
Force majeure, as defined by the law, refers to “acts or circumstances beyond the reasonable control of the Permit Holder, including, among others, riots, civil disturbances, blockades, disputes with surface owners, over which the affected party has no reasonable control.”
The suspension remains in force “until such time that the force majeure conditions have ceased and normal access and safe operation conditions are restored, subject to evaluation and clearance by this office,” the MGB added.
“This suspension shall not be construed as a cancellation of the Exploration Permit but is imposed strictly as a regulatory measure in view of [the] existing force majeure situation,” it said.
Woggle, the MGB said, should “remain responsible” for the mitigation and rehabilitation of “any disturbed environment” within the area covered by their permit in accordance with its Environmental Work Program.
Permits valid
Woggle said its exploration permit was “validly issued” by the government itself and stressed that such issuance “constitutes a government grant conferring rights and obligations upon both the State and the permit holder.”
“Such grants are not mere privileges revocable without legal basis; they are governed by statutory standards, contractual principles and the constitutional guarantee against impairment of obligations,” the company said, noting that it did not violate any of its terms and conditions.
Woggle said the “illegal barricades” set by protesters, as well as the “political agitation, or disruptions caused by third parties,” were circumstances that “do not justify penalizing the lawful permit order.”
It also pointed out that while the established principles of force majeure indicated that unforeseen events beyond the control of contracting parties may excuse performance, this “does not automatically extinguish vested rights, nor do they transfer the burden of unlawful third-party acts on the compliant party.”
The company said the government cannot invoke force majeure in suspending its operations, pointing out that the “prevailing due process requirement” of a three-notice rule was not “judiciously observed.”
‘Bare minimum’
“To do so risks creating a dangerous precedent—one where regulatory certainty becomes contingent upon the loudest disruption rather than the rule of law,” it said.
But for the Kalikasan People’s Network for the Environment (Kalikasan PNE), the temporary suspension order was a “bare minimum” and served justice, especially to protesters who were arrested.
“As long as Woggle Mining’s permit exists, Dupax del Norte remains vulnerable to continued plunder and harassment,” Kalikasan PNE spokesperson Jonila Castro said in a separate statement.
“We are calling for the full and immediate cancellation of this destructive exploration permit and accountability for the unlawful arrests of residents who were merely defending their lands and livelihoods. The people of Dupax del Norte deserve protection, not persecution,” she said.
