Raps Regarding Mining Taxes: Province wants three charges consolidated

CEBU, Philippines - The Cebu provincial government has filed a motion for the consolidation of the three petitions for declaratory relief filed against them separately by Solid Earth Development Corp., Apo Land and Quarry Corp. and Dolomite Mining Corp., so that these will be handled in one court.

Provincial attorney Marino Martinquilla said that in order to expedite the proceedings, it is imperative that all of the said cases should be handled by and be consolidated in one branch.

The three firms say the province lacks the legal authority to impose regulatory fees or any form of mining taxes on large-scale mining permit holders.

Martinquilla said the nature of the three cases, which sought for declaratory relief under the Rule 63 of the Rules of Court and declaratory of nullity and constitutionality of Sections 124, 125 of Provincial Ordinance 2008-10 or the Revenue Code of Cebu.

Under the rules, the consolidation of cases should be handled by a trial court with the lowest number of cases.

Presently, the petitions of Solid Earth Development Corp. and Apo Land and Quarry Corp. are assigned to judge Douglas Marigomen of the Regional Trial Court Branch 5 and judge Silvestre Maamo Jr. of RTC Branch 17.

Judge Generosa Labra of RTC Branch 23 handles the petition of Dolomite Mining. Since the sala of Maamo has the lowest number of cases, his branch will likely handle all three petitions.

Dolomite Mining filed a motion to declare Cebu Gov. Gwendolyn Garcia, the Provincial Board and provincial treasurer Roy Salubre at fault for failing to comply with the provisions of the Revised Rules of Civil Procedures.

Dolomite Mining, through its lawyer Abraham Rey Acosta, asked Labra to render a decision granting their petition.

The mining firms asked the Regional Trial Court to declare null and void several provisions of the Revenue Code of Cebu, which the Province revised in 2008.

In their petition, the mining firms sought to invalidate Chapter 3, Article E, Sections 124 and 125 and Chapter 6, Article F, Sections 220 of the Revenue Code challenging the province’s legal authority to impose regulatory fees or any form of mining taxes on large-scale mining permit holders. (FREEMAN NEWS)