February 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. Nos. 181702 & 181703 : February 15, 2011]
REP. ANA THERESIA HONTIVEROS-BARAQUEL OF THE PARTY LIST AKBAYAN, ET AL. V. SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR), ET AL.
"G.R. Nos. 181702 & 181703 - Rep. Ana Theresia Hontiveros-Baraquel of the Party List AKBAYAN, et al. v. Secretary of the Department of Environment and Natural Resources (DENR), et al.
RESOLUTION
To aid the Court in the resolution of these petitions, the parties are hereby required to submit their respective memoranda.
The respondent mining companies are further required to submit the following documents:
1) In accordance with Section 4, paragraph (b) of DENR Administrative Order No. 2007-12, its proof of payment for the years 2005 to 2009 of the following:
(a) Contractor's income tax
(b) Customs duties and fees on imported capital equipment
(c) Value-added tax on imported goods and services
(d) Withholding tax on interest payments on foreign loans
(e) Withholding tax on dividends to foreign stockholders
(f) Documentary stamps taxes
(g) Capital gains tax
(h) Excise tax on minerals
(i) Royalties for Mineral Reservations and to Indigenous Peoples, if applicable
(j) Local business tax
(k) Real property tax
(1) Community tax
(m) Occupation fees
(n) Registration and permit fees and
(o) All other national and local Government taxes, royalties and fees as of the effective date of the FTAA2) Marketing contracts and sales agreements involving commercial disposition of minerals and by-products approved by the Secretary upon recommendation of the Director pursuant to Section 5 (a) of DENR Administrative Order No. 2007-12
3) Proof of any and all payments made to the Government as referred to in Section 6 paragraphs (a), (b) and (c), if any, of DENR Administrative Order No. 2007-12
4) Statement of all incentives availed of from the Government pursuant to Section 10 of DENR Administrative Order No. 2007-12
5) Actual expenses and capital expenditures as referred to in Section 7 (b) of DENR Administrative Order No. 2007-12
The Public Respondent Department of Environment and Natural Resources Secretary is ordered to submit the following:
1) Copies of all approved and existing FTAAs and MPSAs
2) Any and all government incentives accorded to mining companies, and assessments on mining companies or mining-related activities
3) Rehabilitation programs as mentioned in the FTAA
4) Assessment on the compliance to the rehabilitation programs of the mining companies and
5) A comprehensive analysis on the compliance by the mining companies with regard the documents enumerated in item 1 of this Resolution.
The parties are enjoined to comply with all of the above instructions within thirty (30) days from receipt of this resolution."
Bersamin, J., on leave.
Abad, J., no part.
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court