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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents