Governor Deloso asks CA to stop Zambales ore export

“Says DENR administrative order is unconstitutional, unlawful”

Zambales Gov. Amor Deloso has asked the Court of Appeals (CA) to stop the Department of Environment (DENR) from implementing its Administrative Order No. 2008-20 (issuance of mineral ore export permit) for transport-shipment outside of the country of mineral ores, including tailings, saying it is “unconstitutional and unlawful.”

In a petition for prohibition with application for temporary restraining order (TRO), Deloso asked the appellate court to stop the DENR from implementing AO 2008-20, claiming that the agency is “merely duplicating the job of the Bureau of Internal revenue (BIR) under existing mining law.”

DENR Administrative Order No. 2008-20 is void because it is an administrative issuance which is not sanctioned by the Mining Act, the governor said through his legal counsel Noel Ferrer.

In its order, DENR Secretary Lito Atienza clarified that AO – 2008 – 20 was meant to eradicate undervalued misdeclaration and red tape in the exportation of mineral ores and the improvement in the collection of taxes by the government.

The order likewise states that AO2008-20 spells out mandatory requirements before obtaining a mineral ore export permit (MOEP) under Section 3 which covers ore transport permit, marketing contact-sales agreement with purchase, agreement with purchase, accreditation of traders, retailers, processors, and other supporting papers as the secretary may require.

However, Deloso said that “the issuance of the order may result in” direct injury to the Province of Zambales and loss of income in the mining sector due to the additional and unreasonable burden of applying for an MOEP at the office of the secretary in manila.”

“The 60-day period before the intended date of shipping which is required by the order would result in the loss of thousands of jobs in the province and millions of pesos in extraction fees, excise taxes, and other local fees, and taxes,” Deloso said.

Zambales, which has a population of 493,085, is rich in mineral resources. Thousamds of his constituents are dependent on the mining industry, the governor said.

By. Ed Mahilum – Manila Bulletin