It said the Court Order effectively stops the implementation of the Ordinance and allows TVIRD to continue its operations without legal impediment while the main case (the legality of the Ordinance) is being litigated in the Court.
The Court said that “TVI is entitled to an injunction because it would suffer grave and irreparable damage and injury if the Ordinance would be implemented.”
“This is excellent news for all TVI Stakeholders” said Cliff James, President and CEO of TVI Pacific. “We strongly believe the powers to be assumed by the province under the Ordinance, and by the Provincial Governor of Zamboanga del Norte, are unconstitutional. While the Court order allows TVIRD to continue its operations in Canatuan unimpeded, we will continue to relentlessly pursue ultimate relief from what we view as an unconstitutional local legislation.”
The Court will now begin to conduct hearings on the legality of the Ordinance. It is anticipated that the hearings will involve a lengthy process. There is no assurance that any litigation commenced by TVIRD in the Philippines courts or negotiations with Zamboanga del Norte officials will result in nullification or retraction of the Ordinance or otherwise mitigate the effects of the Ordinance on the operations of TVIRD at Canatuan in the town of Siocon.
TVIRD President Eugene Mateo said the decision of the Court to grant the company a preliminary injunction is a major victory for them as it can now continuously operate without worrying about possible local government action against its operations.
“More importantly, it is a victory for the host communities and the indigenous peoples – the Subanons – as they will continue to enjoy all the benefits being provided by TVIRD.
To date, there is a groundswell of support against the Ordinance. The business community in Zamboanga del Norte, through the Mindanao Chapter of the Philippine Chamber of Commerce and Industry, has already spoken against it,” he said.
Some 45,000 Subanons have signed a petition against the Ordinance and local government officials also called for its repeal and thrown their support to TVIRD.
“The injunction is the first step towards complete victory. TVIRD is now preparing for a legal battle to prove that this Ordinance is invalid and unconstitutional. We believe we are on the side of the law and we expect to win this,” Mateo said.
TVI Pacific Inc. is a publicly-traded resource company focused on the production, development, exploration and acquisition of resource projects in the Philippines. TVI produces copper and zinc concentrates from its Canatuan mine, is developing its Balabag gold-silver property and is carrying out other exploration programs. TVI also has oil interests in various stages of discovery, drilling and exploration off-shore Philippines.
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