1 respect the customary laws o f the ICCs/IPs and shall submit to the processes of their 2 customary laws, Provided, That these laws are not contrary to the provisions of the 3 Constitution. 4 Sec. 143. Strict iiabiiity. - Mining corporations are strictly liable for all damages 5 that the mining operations might cause. In case of any actual damage, the burden of 6 proof shall lie with the corporations. 7 Sec. 144. Piercing the corporate veil. - When the separate personality of the 8 corporation from its shareholders is being invoked as defense in order to perpetuate a 9 crime, fraud or other machinations, or evade liability, the separate personality of the 10 corporation shall be set aside. 11 filed directly against the members of the Board of Directors, officers and/or individual 12 stockholders. Civil, criminal and administrative actions may thus be 13 Sec. 145. Citizen suits. - For the purpose of enforcing the provisions o f this Act 14 or its implementing rules and regulations, any citizen may file appropriate civil, criminal 15 and administrative suits against any of the following: 16 17 18 19 a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; b) Any public officer with respect to orders, rules and regulations inconsistent with this Act; or 20 c) Any public officer who willfully or grossly neglects the performance of an 21 act specifically enjoined as a duty by this Act or its rules and regulations; 22 or abuses the authority in the performance of a duty or duties under this 23 Act or its implementing rules and regulations. 24 The court shall exempt such action from the payment of filing fees, except fees for 25 actions not capable of pecuniary estimation, and shall likewise, upon prima facie 26 showing of non-enforcement or violation complained of, exempt the plaintiff from filing 27 an injunction bond for the issuance of a preliminary injunction. 28 The court shall determine whether or not the complaint is malicious or baseless and 29 shall accordingly dismiss the petition within thirty (30) days upon the filing of the case. 30 31 32 33 CHAPTER X IV PENAL PR O VISIO NS 34 Sec. 146. Grounds fo r the canceiiation o f mineral agreements and permits. - 35 a) Violation of any provision of this Act; 36 b) Human rights violations perpetrated by the contractor or any agent of 37 the contractor; 44

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