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MANILA - Philex Mining Corporation on Wednesday said it will challenge whatever fine the government will impose as a result of the accidental discharge from the company's Padcal mine in Benguet.
“We shouldn’t be held liable for something that was caused by force majeure,” Michael Toledo, Philex spokesman said in a statement.
“We are well prepared to review any decision on penalties that the DENR will release this week, and we will indeed contest it at a proper forum,” Toledo said, adding that the Department of Environment and Natural Resources has yet to inform the company about any penalty.
Earlier, Environment Secretary Ramon Paje told the media that Philex might be slapped with penalties triple an initial estimate of P325 million.
“But we are willing, and in fact, we have said repeatedly that we have the resources and capabilities to deal with all the remediation activities needed to address the Padcal accident,” Toledo said.
He said the company has responded quickly and decisively to the Padcal accident, and will continue to fulfill its obligations stemming from the accident, such as the cleanup and rehabilitation of Balog Creek and its convergence area with Agno River.
Toledo said the Mines and Geosciences Bureau confirmed that Philex had a system in place for the maintenance and monitoring of its tailings pond and secondary facilities during the Padcal accident, and that its personnel were diligent in the performance of their duties.
“Our officials have always been on top of the situation, acting accordingly and providing timely notices to regulators," the Philex spokesman said.
Citing a study the company conducted, Toledo said the unprecedented heavy rains brought about by typhoon Gener reached 331.80 millimeters at the site on August 1, exceeding by 88.30 millimeters Padcal's 50-year rainfall record of 234.50 millimeters.
“The findings came as no surprise because the company’s environmental management system, including the operation and maintenance of Tailings Pond No. 3, has long been ISO-compliant and -certified,” he said, referring to Philex's ISO-14001 certification for years 2002, 2006, and 2008, and the latest certification issued on May 10, 2011.
Toledo said MGB, which conducted on-site investigations, discovered that Philex personnel were not remiss in carrying out the company’s guidelines, standard operating and job procedures for the maintenance and operation of Tailings Pond No. 3.
Philex is chaired by Manuel V. Pangilinan, who also chairs TV5, for which InterAksyon.com is the online news portal.
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