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Dismissal of Writ of Kalikasan

29 May 2013 07:58

RNS Number : 7634F
Metals Exploration PLC
29 May 2013
 



29 May 2013

 

METALS EXPLORATION PLC

 

Metals Exploration plc (AIM: MTL) ("Metals Exploration" or the "Company"), the natural resources exploration and development company with assets in the Pacific Rim region.

 

 

Dismissal of Writ of Kalikasan and Writ of Continuing Mandamus

 

On 9 November 2012 the Company announced that "FCF Minerals Corporation (FCF), a wholly owned subsidiary of Metals Exploration Plc (MEP) and owner of the Runruno gold project in the Philippines, The Department of Environment and Natural Resources, The Mines and Geosciences Bureau and the National Commission on Indigenous Peoples have jointly been served with an application for a Writ of Kalikasan, seeking any number of remedies from a restraining order through ordering the payment of additional compensation to termination of the Runruno FTAA." The Company also announced "FCF believes the basis of the writ is flawed with significant inaccurate "facts", and has a vexatious element."

 

Working in conjunction with The Department of Environment and Natural Resources ('DENR'), The Mines and Geosciences Bureau ('MGB') and the National Commission on Indigenous Peoples ('NCIP'), FCF defended its position and rights in the Supreme Court of the Philippines through the Court of Appeals. The Resolution of the Court of Appeals was delivered on 24 May 2013 and the petition for the issuance of the Writ of Kalikasan and the Writ of Continuing Mandamus was dismissed. This decision vindicates the Company and its operations at Runruno and the judge ruled on the suit brought against it by the petitioners as follows:

 

a) it was unsubstantiated and the petitioners showed a 'clear lack of interest in prosecuting',

b) it wasn't motivated by a concern for the protection of the environment, and

c) it was a frivolous action as FCF is not and had not been 'committing acts inimical to the observance of environmental laws'.

 

The Company defended itself on the basis that both writs were designed as a Strategic Lawsuit Against Public Participation ('SLAPP'), which had the intention to waste the time and resources of FCF through 'costly and emotionally exhausting litigation' in an attempt to frustrate FCF into submission. The petitioners' suit was deemed to be a harassment suit.

This is further evidenced in the Court's summary where it explains that although the petitioners' suit was brought against the government agencies (DENR, MGB and NCIP) as well as FCF, there were no allegations made against the government agencies in their suit. The petitioners failed to "state any particular act or duty that these agencies have violated or have failed to do".

Mr Ian Holzberger, Chairman of the Company commented "as responsible miners and proud winners and holders of several prestigious mining environmental awards in the Philippines, FCF will always vigorously defend its position as a leader in observing environmental laws and obligations. This lawsuit was vexatious and devious from its inception but FCF, together with the DENR, MGB and NCIP were resolute in defending its entitlement to mine in the contract area provided it in its Financial or Technical Assistance Agreement with the Philippine government. Our focus had been marginally diverted whilst we sought to dismiss these writs and now we have successfully achieved this we can continue the important work of putting Runruno into production, and always mindful of our duty of care to the environment as we progress'.

 

For further information please visit or contact www.metalsexploration.com

 

Metals Exploration PLC info@metalsexploration.com

 

Ian R. Holzberger +63 (0) 9189 795 992

(Chairman) +61 (0) 418 886 165

 

Liam A. Ruddy +61 (0) 498 648 615

(Company Secretary) +44 (0) 7911 719 960

 

Nominated Adviser

Westhouse Securities Ltd +44 (0) 207 601 6100

Martin Davison

Paul Gillam

 

Public Relations

Tavistock Communications

Edward Portman +44 (0) 207 920 3150

Jos Simson

 

Broker

SP Angel Corporate Finance LLP

Ewan Leggat +44 (0) 203 463 2260

Katy Birkin

 

This information is provided by RNS
The company news service from the London Stock Exchange
 
END
 
 
MSCPGUQAAUPWUQB
Date   Source Headline
24th Jan 20069:59 amRNSHolding(s) in Company
16th Jan 20069:23 amRNSRunruno Drilling Results
23rd Dec 200511:37 amRNSWarrants Exercise
21st Dec 20057:00 amRNSWarrants Exercise
16th Dec 20057:01 amRNSRunruno Update
13th Dec 20053:43 pmRNSHolding(s) in Company
6th Dec 20051:24 pmRNSWarrants Exercise
23rd Nov 20057:00 amRNSRunruno Update
14th Nov 200510:49 amRNSWarrants Exercise
10th Nov 20052:53 pmRNSMovement in Share Price
8th Nov 20057:01 amRNSGrant of Warrants
1st Nov 20057:48 amRNSDirector Shareholding
7th Oct 20054:01 pmRNSResult of AGM
7th Oct 20052:39 pmRNSHolding(s) in Company
6th Oct 20057:00 amRNSChange of Accounting Ref Date
29th Sep 20057:00 amRNSRunruno Update
19th Sep 20051:18 pmRNSHolding in Company
14th Sep 20051:38 pmRNSIssue of Equity
6th Sep 200510:39 amRNSNotice of AGM
1st Sep 20054:33 pmRNSChange of Adviser
16th Aug 20055:51 pmRNSIssue of Shares
16th Aug 200512:39 pmRNSIssue of Shares
10th Aug 20057:00 amRNSIssue of Shares and Warrants
30th Jun 20055:42 pmRNSInterim Results
28th Jun 20057:01 amRNSPuray Project purchase option
13th Jun 20057:01 amRNSResults of Runruno sampling
27th May 200512:18 pmRNSSampling Results
9th May 20053:36 pmRNSDrilling Report
11th Apr 200510:59 amRNSMasapelid Project Update
17th Mar 20054:23 pmRNSIssue of Equity
2nd Mar 200510:52 amRNSInitial Sampling Results
18th Feb 20058:00 amRNSAcquisition of Mining Project
17th Feb 200511:15 amRNSIssue of Equity
2nd Feb 200511:16 amRNSGold Project

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