TRIBAL COALITION VS. TAGANITO MINING CORP.

FACTS: A coalition of tribal groups in Surigao provinces filed a petition to the

Supreme Court to stop the operations of five Chinese mining companies (Respondents
Taganito Mining Corp., Platinum Group Metals Corp., Oriental Synergy Mining Corp.,
Shenzhou Mining Group Corp. and Marcventures Mining and Development Corp.)
whose open-pit nickel mining activities have allegedly polluted bodies of water,
destroyed rich marine resources and caused illnesses to residents in the area.

In their petition for a writ of kalikasan, the petitioners led by the Tribal Coalition of
Mindanao Inc. (Tricom) asked the court to immediately issue a temporary environment
protection order. They also asked the magistrates to nullify all mining permits, licenses
and agreements to prevent further destruction purportedly caused by the open-pit
mining activities in Surigao provinces. Petitioners contend that the government must
quickly act on this problem and help revive the destroyed mangroves and coral reefs in
Surigao.

In their petition, the group claimed the mining firms deliberately failed to build
concrete sedimentation and siltation dams to prevent the siltation of bodies of water
near the mining operations in Claver, Surigao del Norte and the towns of Carascal and
Cantilan in Surigao del Sur.

Instead of building safety barriers, the tribal groups lamented that the respondents used
the system of rivers and creeks in the area as nickel extended siltation dam. They said
the mining firms also used the bodies of water as place for nickel stock piles. Because
of this, they said at least nine major rivers straddling a 50-kilometer portion of the area
became silted, with orange-colored deposits found in river basins.

Thus, respondent-mining companies irresponsible and illegal mining operations

inevitably resulted in the siltation or pollution of coastal waters irreversibly damaged
marine resources and created serious health problems to the petitioners.
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They added: (Residents) who ate fishes and shells caught within the a few meters
from the coastal waters suffered difficulties in breathing, skin rashes, vomiting and
(intestinal problems).

The tribal groups also accused the Chinese firms of desecrating their burial grounds,
prayer areas, sacred mountains, hunting grounds and other places considered as cultural
heritage areas.

Respondent mining companies have already profited even without obtaining a free,
prior and informed consent from the tribes, they said.

They said Paje and other environment officials simply closed their eyes to the mining
firms violations and disregarded the complaints they repeatedly filed before the
concerned government offices.

Unfortunately, herein public respondents have purposely disregarded the petitioners

and tribes legitimate concerns affecting the environment, they said.