07/17/2008 [ tribune.net.ph ]
Cousins Ramon and Rafael Atayde have been asking Oriental Peninsula Resources Group Inc. to yield 300 hectares of the nickel-rich 2,200 hectare mining concession in two towns in Palawan to Platinum Group of Metals Corp. (PGMC) as a compromise to settle the corporate dispute, but Oriental has flatly refused their overtures.
Lawyer Joselito Chan, who represented Oriental in a meeting with the Ataydes last month at the office of DENR Secretary Lito Atienza, said he could not believe at the Ataydes’ formula, but he nevertheless politely told them that “this is highly impossible because Oriental is a publicly listed firm and we have a responsibility to our stockholders.”
In front of Atienza, Chan suggested to the Ataydes to put their proposal into writing so that they could take it up with Oriental’s stockholders, but they refused and told him that “this is a matter that we discuss as gentlemen.”
When he asked them how their proposal could be done, Chan, quoting the Ataydes, said “they casually suggested that Oriental makes an announcement that Platinum is taking over the mining area and that’s it.”
Chan said Oriental’s continued refusal to give 300 hectares of the Palawan mining concession could be the reason why Platinum has launched what he regarded a vicious media campaign against Oriental, and its subsidiary, Citinickel Mines and Development Corp.
“They could have thought that by launching and pursuing a media campaign against us, we would cave in to their demand,” Chan said. “They are mistaken.”
Chan said Oriental is preparing criminal and civil suits against the Ataydes for all the aggravations, which the pair has caused to Oriental and their stockholders.
Chan said what took place in Atienza’s office is privilege communications but he was breaking the agreed confidentiality because what the Ataydes were asking was “patently illegal and morally objectionable.”
Chan said Oriental has no reason to give in to the Ataydes’ demand because its subsidiary, Citinickel, is a holder of MPSA No. 229-2007-IVB over 2,176 hectares located in Barangay Pulot, Española and Barangay San Isidro, Narra, both in Palawan.
Quoting its July 10 letter, which Oriental has sent to the Philippine Stock Exchange, Chan said: “Under the said MPSA No. 229-2207-IVB, the Philippine Government granted Citinickel, as the contractor, the exclusive right and authority to operate the mineral property within a period of 25 years. Thus, the title of Citinickel to the property arises from the MPSA issued by the government to Citinickel.
“On the contrary, PGMC’s continued assertion that it has the juridical and actual possession of the mineral property covered by the said MPSA is anchored only on its allegation that it has an existing Operating Agreement with Olympic Mines and Development Corp.
“However, the fact is, the said Operating Agreement has long been cancelled by OMDC or specifically on April 24, 2006, on the ground of gross violation… by PGMC. The cancellation of the said Operating Agreement took place ahead of the assignment of AMA-IVB-40 by OMDC to Citinickel on June 9, 2006.
“Further, in a Resolution dated Oct. 30, 2006 in DENR Case No. 2006-02B, the Panel of Arbitrators of the DENR found PGMC to be engaged in illegal mining activities which include, among others, over extraction and, consequently, declared the Operating Agreement between PGMC and Olympic as cancelled.
“The said decision became final and executory on Jan. 8, 2007 whereby PGMC, their privies, nominees and all other persons, groups or interest working for an in their behalf, are ordered to immediately vacate the premises of the mining areas.”
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