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party with the Supreme Court within thirty (30) days from receipt o f the order or
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decision of the Board.
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CHAPTER X I I I
ACCESS TO JUSTICE
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Sec. 137. Obligation to respect human rights. - Corporations shall respect,
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protect and promote the human rights of communities affected by mining, including the
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right to life, liberty and property, freedom of movement, right of public participation and
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the right to self-determination of indigenous cultural communities.
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Sec. 138. Violations o f human rights. - Extrajudicial killing, torture, involuntary
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disappearance, forcible displacement of populations, setting up of checkpoints, and
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imposition of toll fees which impede the freedom of movement within mineral areas,
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deprivation of food and water sources, vote-buying and bribery for the purpose of
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securing consent or endorsement for the mining project, and other analogous acts are
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violations of human rights.
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immediate cancellation of mineral agreements. The offending contractor, as well as
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corporations having the same directors and/or officers as of the offending contractor
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shall be perpetually disqualified from being granted a mineral agreement. All equipment
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and assets of the corporation or person shall be confiscated in favor of the government.
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Violations of human rights by contractors shall cause the
Sec. 139. Use o f param ilitary and m ilitary forces. - All mining companies are
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strictly prohibited from employing paramilitary groups.
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forces shall result in the automatic cancellation of the mineral agreement and the filing
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of appropriate civil, criminal and/or administrative charges.
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Use of private and military
Sec. 140. Strategic Legal Action Against Public Participation (SLAPP). - SLAPPs
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shall be strictly prohibited.
SLAPP is any legal action, whether civil, criminal or
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administrative, filed to harass, vex, exert legal action or stifle legal recourses of
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community members complaining against violations of this Act or enforcing the
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provisions of the Act, or exercising their freedom of assembly or right of public
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participation. The investigating prosecutor or court shall immediately determine within a
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period of thirty (30) days from filing thereof whether a legal action is a SAPP and
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accordingly dismiss the same.
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Sec. 141. Indigents' s u it - Indigents shall be exempt from payment of any
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administrative or court fees, including docket fees for the filing of a case. Lawyers shall
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be provided by the Public Attorney's Office to pauper litigants in case they could not
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afford legal services.
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Sec. 142. Application o f the customary laws o f ICCs/IPs. - The contractor shall
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