EN BANC[G.R. No. 195482 : June 21, 2011]ELIZA M. HERNANDEZ, ET AL. V. PLACER DOME, INC."G.R. No. 195482 (ELIZA M. HERNANDEZ, ET AL. v. PLACER DOME, INC.)Nota Bien:
If you were to search this case using the above-cited G.R. No., you will see a mere resolution of the Court without any defined statement of facts, issues or ruling. So what I did was to research on the factual antecedents which culminated into this petition. Please, verify it if you cannot understand the following discussions.
Placer Dome is the parent corporation of Marcopper Mining Company. It is engaged in themining operations in Marinduque from 1964
1997. In May 2006, Placer Dome merged with BarrickGold Corporation, a foreign entity.In March 1996, the disaster came about. A fracture in the drainage tunnel of a large pitcontaining leftover mine tailings led to a discharge of toxic mine waste into the Makulapnit-Boac riversystem and caused flash floods in areas along the river. Barangay Hinapulan, was buried in six feet of muddy floodwater, causing damage to people and their families, as well as livestock, marine resourcesand maritime life.Placer Dome entered into a contract with then President Fidel V. Ramos to rehabilitate thewaters of Marinduque. It did not reach fruition.
Start of Court Process:
In 2011, three residents of Marinduque, Eliza M. Hernandez, Mamerto M. Lanete andGodofredo L. Manoy, represented by Father Joaquin Bernas, filed a petition for writ of
In theirpetition, they argued that said Placer Dome should be held liable for expelling some 2 million cubicmeters of toxic industrial waste into the Boac river when a drainage plug holding toxic mining wastefrom its operations ruptured.The writ of
was granted. In March 2011, the Court issued a resolution which referredthe case to the Court of Appeals for hearing, reception of evidence, and rendition of judgment. CA thenissued a resolution requiring the petitioners to issue a sub poena against Placer Dome.
After receiving the resolution issued by CA, Barrick Gold, currently the owner of Placer Dome,filed a
to clarify which court exercises jurisdiction over the case in order toshed light to the procedural paths available to the parties.
Supreme Court Resolution