Petition for Writ of Certiorari — Placer Dome, Inc. v. Provincial Government of Marinduque, Republic of the Philippines

Samay.

09-9 44 FEB 10 2010

OPFICE OF THE CLEHK

In the} upreme Court of thre nited otates

PLACER DOME, INC. AND BARRICK GOLD

CORPORATION,

ae iitioner

PROVINCIAL GOVERNMENT OF MARINDUQUE,

bee pondent

ON PETITION FORA WRIT OF CERTIORARI

OTHE UNITED STATES COURT OF APPEALS

KOR THE NINTH CIRCUIT

PITEPION FOR AWRIEP OF CERTIORARI

PERROLD J. GANZERIED

Counsel of at ord

MOWARD HAN

MARTIN CUNNIF I]

HOWREY LLP

1299 Pennsylvani:

Washington, D.C

il) friedy@howre y CO

(Z02) 48635-Q800

QUESTIONS PRESENTED

Did the Ninth Circuit's reversal of the

district court's dismissal on grounds of forum non

conventen before deciding jurisdictional issue

WMpropertly restrict the discretion granted in

Sinochem [ntl Co. v. Malaysia Intl Shipping Corp

D049 US. 422, 425 (007), and apply an incorrect

standard otf review ?

Does federal question jurisdiction eX1st

based on the federal common law ol loreign relation:

Where substantial foreign policy concerns — art

mnpheated, though not expressly stated on the face of

the complaint? The Second, fifth, and Kleventh

Circuits extend jurisdiction in such cases but the

Ninth Circuit apphes a more restrictive test that

CX laude: Suit hi Cases irom federal court

PARTIES TO THE PROCEEDING

Pursuant to Supreme Court Rule 14.1(b)

petitioner states that all parties appear in thi

caption of the case on the cover pave

'

CORPORATE DISCLOSURE STATEMENT

Placer Dome, Inc. (PDI) PDI is) wholly

imalgamated into Barrick Gold Corporation. ‘There

is no parent or publically held company owning 10%

Gor Thre of the corporation : tock

Barrick Gold Corporation. There is no

parent or pubheally held company owning 10% ot

more ot the « orporation s stock

TABLE OF CONTENTS

OPINIONS BELOW

IUIKRISDIC TION

STATUTORY PROVISIONS INVOLVED

IN PRODUCTION AND

STATEMENT OF THE CASI

PKOCKDURAL BACKGROUND 6

RIASONS FOR GRANTING TH PETITION Q)

THE PIETTETION SHOULD Bl GRAN PIED

TO PROTECT THE DISCRETION

GRANTED TO DISTRICT COURTS BY

PHIS COURT IN SINOCHEM TO

CREAT NONMERITS ISSUES IN ‘THE

MOST EEFREICIENT ORDICR 1 |

I. THE PE'PPPION SHOULD BIE GRANTED

TO RESOLVE THE SHARP SPLIT OF

AUTHORITY ON THE SCOPE OF THE

hE DERAL COMMON LAW OF

FORKIGN RELATIONS 14

\. ‘There Is A Cireuit Split As To Whether

Cases Implhicating The Foreign

Relations Of The United States Invoke

lederal Question Jumsdiction Based

Upon The Federal Common Law Of

horejgn Relation

13 The Circuit oplit Needs ‘To Be Resolved

‘To Protect The Interests Served By The

Federal Common ! ()]

Ktelation

Pbhis Case Provides An [4

Vehicle To Contirm ‘The

Uy a LO

C1) | Orel Xe lation

niorm Appr val

Ce Lhe rit

Ne a tol \

Mia

ALD bBearin

INDEX TO APPENDICES

Prot L/L Lal Crovernment of Marinduque

{ Placer Home, [re O52 | 4d 1()} a

(Oth Car. 2OOYO)

United States District Court, District of

Nevada, June 7, 2007 Order in

Provincial Government of

Marinduque v. Placer Dome, Tn

(J). Sandoval) Lhi

United States District Court, District of

Nevada, January 16, 2008 Order

in Provincial Government of

Marinduque v. Placer Dome, In

(.J sandoval) (> |

Order Denying Kehearing en bane

|

(November 12. 2009) 14a

} 0a

SU SC. 138 Sia

Plaintiffs Statement In Respect Of

Defendant Placer Dome, In

kemoval ())} This Action ‘lo ‘Thi

Court, filed in Case No. CV-S-05

1299. United States District

(court (Novembe! f, ZOOD) ; OZA

Plaintiff's Reply Brief In lurthe:

Support Of Its Motion For Order

‘l'o Show Cause Why ‘This Action

hould Not Be Remanded ‘To

hobs

evade caliy real respon ibility lo} L Ii damage

ustained on Marinduque

164. As noted above, after the Magyuia-Guila

Dam collapsed inp December 1993, Placer Dome

refused to accept any respon: ibility for the re ulting

death and destruction. Instead, Steven Reid, the

Placer-Dome appomted Resident Manager of the

mintnyg operation, Claimed that Placer Dome was not

legally PeSporns ible lor the dam collapse because if

was caused by “unusual rainfall due to a typhoon.”

IG5. Less than three years later, Placer Dome

shifted the blame tor the Boac River disaste)

Clarminy that the plug had collapsed due to shock

waves trom a minor carthqual re

166 Despite continuing to blame heavy

rainfall for the burst itation dam, and the

earthquake for the Boac River disaster, Placer Dome

eventually acknowledged its duty and commitment

to compensate the victims of the disaster and to

remediate the Boac River. Or so it seemed. On April

1 | 1996, John Willson, Placer Dome'’s President,

wrote to Philippine President Indel Ramos, stating

that

The re Tek Le ol Marinduque Who have

suffered personal inconvenience or damage to

their property as a result’ of the Marcoppe:

event will be quickly and fairly compensated

In this regard Marcopper has a clea

responsibility to repair the damage and pay

compensation 101 the loss caused by the

discharge of tailings into the environment. A:

a major shareholder, Placer Dome 1

Committed to ensuring that VMarcoppes Vill

meet all it leval obligation

1M) / In rehance on Placer Dome PPOs

the Philippine government decided not to pursue

more apyyre Ive measures to Compensate tty CUM

of the disaste)

16%. Placer Dome, however, has never hived up

tO it promises to the Philippine government, the

V’rovince (>! Aa peopl ol Marinduque Althouvh

Placer Dome recently paid in ome fund to an

Mnvironmental (auarantes hound LO COMmpchsal

fishermen and othey Villager allected ah thie

disaster, thousand Ol Liem have yal Lo bye

COTM pd nsate d at all hie hana l W Os fully ch ar ment to

compensate for the harm caused by Placer Dome

169. Placer Dome, moreover employed only

the most half-hearted effort to remediate the Boar

over. Specihically, in 1997, it built a dredge tunnel

at the mouth of the Boac River hoping that it would

catch the mine tailings flowing down the river and

prevent them from PoOInNgs, OuUL tO ca llowever

because Placer Dome did not div the dredge tunne!]

deep enough, it did not catch all of the tailings and

many of them escaped out to the ea where the

damaged PYbca Pate Life Moreoves Place) Wome Hnevel

attempted to remove the tailings caught by the

dredge tunnel. They remained in the river

170. Shortly after sponsormy th 0-called

remediation effort, Placer Dome purportedly divested

itself of any interest in Marcopper. First, Places

Nome transferred its shares in) Marcopper to a

COMpPAahy called BC Holding Ltd. Next, Placer Dome

old IC Holding Ltd. to Miarcopper lor a grand total

of $1.00. Placer Dome then fled from the Philippine

and lelt il wholly owned ub hdaal 1’] jhe Le It)

Technical Servic CMPDES ), to addre the ha

lest ye hind 1) PiLiTie tailing In and Alf al tha ue

ve Sut) Placer Dome did not pare |

tailing problem With ubstance bnstead i Ci

Vik pubh hing a 34 page comic book entitled

Varcoppe) Mine pill OvOry which wa billed wit!

Carloon picture and propaganda repvard

accidental mine pull

(2. According to Placer Dome Come |

an earthquake caused “mine wast to leak int

Chie rivey Although Lhe i | 1) moved a Wai iter the

pill, PITS claimed those fish “will come back ayant

hen the rive) Wale! l clean again ' Lhy

COMpPAahny FeCSpon ible for cleaning the rive} id

promised to rehabilitate the Bowe ive: WV I

would “be mostly clean by 199 hake Placer |)

li In 1997, PDT! applied to) ch POC TIN 1}

thi DIGNK LO dump LHose Triliie Laila uo) ti

ocean through an underwater pipe. PDTS pushed

thi di p»O al method KNOWN ai : Lins AT itit ‘| i Lil

1)) posal CSTD ) because if Va Liye aL Lp

available alternative but Pi failed to tell tl

DENER that STD has lony been effectivel banned

( anada Place) Dome home counery cl Wet

in the United State pbecause itl nol COonsiacred

ay ai ale ne thod lo} qd) pO ny’ ol mihe t whin

' Phe 1)

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if Pronwoits iil | |

prude ( re it] dan { pro [

Ip] rl i tf bie if mal 1) I qictt

ited that VI r Won

farhn Cre pul { 1! tu

Pycrrie Lf Lt) I ct} i rit b { mast | }

rai Lo U indictment, 7) Wome }

PhOs¢ Lo | re Lt) probe ric ! iited 4 I

ma poaad mine { { 15

t] ( ( r inte

Villy CS] i | f 1’) Lippy Y |

Mo, the DI TL l that the | er Don

(oilicial ha hate prohibition anst eeaen

lolating Ol 4x neglecting to Via

movironmental ( mip I ( Coertill té ¢ 0,4 }

ecordil to the mactment, the DIENK had ed

n Wwol to Vi Wome | QuLrin that it: (a) Gut

tailin a iplal Mit onl til

VWbernatllve Lisp i met 1 ¢ ld be deve | {

(Oo) ensure that run 1] | if Leria I

prevented trow reachil Lia }

it oa | io NR allege that the Piace) Don

()ificial Hull molated this WCC by tail | Lake

LC] LO pl ent mine tailin Iron COCptil { t!

gralnave Lunnel | I} ithh tbe I {

Vith re Cs Lie 1} 11] | VV cil

Cod (| DIUGNI wleged tl (| Placer Don

(othicial had pmolate pronibit I i mst

eriorm)l { ti f } f tyre ety

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( ry) thye l, ft

rt a 1 in) focal Phe -’ r 1) e OF 7

Lp poe abed hat ru { tne ¢ rt | >} i]

mn held that | min mnst tt

Piacer Won Q)tticiral uid ed t t) t |

Vhilippine lt trial tor t

the Placer Dome Officials filed yet ther appeal t

lippu ( rt t

erie I) | Ll

1’ | | bod

to impo | lity for its acti In 2

! | | lari bcyuie | | | il! . Fi

POT { meee I

pert | (| tI la

( I Dan My t I

mnaue ( Sites nt ava ‘s r Wome in tl

an popougie ( I ’ j ] bor [ itt to! Dlen

that 17] r 1) ed t huals | Wroun

(calancan BK | Viacer DD ha loc

1) ( | | eitl ’

tl ri I | [|

rit) ay , ( 1) tte } ' { }

I | i] ! Lal Mma }

lOGu

Which had fled the Philippines less than 18 month:

carher, did not attend the first such hearing in May

1999 put tead sent PDTS President John Peter

Neilans in its place. Speaking for Placer Dome and

PDTS, Neilans promised that) they would not

abandon the people of Marindugque, declaring that

“Twle will not fade away

190. Despite Nedans representations to the

contrary, Placer Dome and PDTS did fade away. And

they also refused to appear at the very next

conpressional hearmy on this issue, on October 9,

ZOOL. On the nieht before the hearing, the new PDTS

President, lan Lewis, faxed a letter to Congressman

Mdmundo Reyes, dr, announcing that PDTS would

not attend that hearme

IO). Shortly alter that, another fax, from

PDTS arnved in the Convressman’s office, this onc

attacking a leaked letter dated August 24, 2001 from

Klohn Crippen, a Vancouver-based engineering firm

retained by Placer Dome to review its remaining

mining structures on Marinduque. That letter, which

was addressed to, among others at PD'TS, lan Lewis,

urged the immediate remedial action in order to

avoid further “loss of hfe” on Marinduque. PD'TS not

only dechned to take the action, 11 also refused to

explain that decision at the conyvressional hearing

192. Lae than three months after thi

hearmy, PDS hke Placer Dome had previously

done suddenly closed its offices in Marinduqu

and abandoned the Philippines. Both Placer Dome

and PD'VS have refused to appear at all subsequent

congressional hearings, despite {he issuance olf

lO4a

congressional subpoenas compelling their attendance

at such heariny:

193. Following Placer Dome’s no-shows at the

congressional hearings, Philippine President Gloria

Macapagal-Arroyo even traveled to Canada to meet

personally with Canadian Prime Minister Jean

Chretien and Placer Dome representative: 1 late

January 2002. During her visit, President Arroyo

pleaded for Placer Dome to compensate the people of

Marinduque for the extensive damage left behind on

the As land Pla Sr Dome ; of course, § ummarily denied

,

President Arroyos request

194. In the January 2002 meeting, the Place:

Dome representatives maintained that there was no

proof that Placer Dome had caused a lasting harm to

Marinduque. The Province had struggled for years to

raise suffiaent funds to pay for an independent

study Lo determine hie full extent ol the

environmental damage caused by Placer Dome. But

the Province was never able to raise enough money

195. Nevertheless, President Arroyo was so

infumated by the conduct of the Placer Dome

representatives at the January 2002 meeting that

upon returning to the Philippines, she promised the

Province that she would set aside money in the

Presidential budget to fund an independent study

Phese funds were subsequently used to fund the

USGS’ study of Marinduque

IV. DAMAGES

A. Environmental Damages

a. Calancan Bay.

196. As a direct and proximate result of Place)

Dome conduct, Calancan ay j completely

saturated with mine tailings. Heavy metals leach out

of these tailings into the water and smothers coral

reefs and kills flora, fauna, crust: fish, and the

surrounding wildlife dependent on these delicate

ecosystems for their survival. Moreover, Placer Dom«

has dumped such a large volume of tailings into one

area of Calancan Bay that it has created a 4.5-mile

toxic tailings that stretches out to sea

causeway gives off a thick smell of sulphur and

it ais littered with rusty pipe. When the wind blow

dust-containiny tailings is blown from the causeway

to nearby farms, where it infiltrates the soul poison:

the crops, and is inhaled by persons and anmmals in

b. The Mogpog River.

197. As a direct and proximate result of Place)

Dome's conduct, the Mogpog River is a “dead rivet

Aquatic hfe can no longer be sustained 1n the river

waters. The river is polluted with acid mine drainage

and toxic heavy metals. The stream of tailings that

seep through the overflow hole in the Maguila-Guila

Dam is endless and has not abated since Placer

Domes abandonment of the mine. Moreover, the

USGS warns that, if any of the ten or so strong

typhoons that hit the Philippines each year were to

hit Marinduque and the dam, the dam would most

certainly collapse, cause a devastating flood, and

ADLONP othe. things, release more tox material

Into the rive.

The Boaec River.

19%. As a direct and proximate result of Place

Don : conduct, the sOaCc River ls heavily polluted

Of the over 793 milhon gallons (U.5.) of toxic mine

tailings that spewed from the ‘Tapian Pit in 1996, 30

percent of the tailings still remain in the rivet

Moreover, thousands of sandbags filled with tailing

are decaying along both banks of the river and

reentering the river during rainstorms. Aquatic life

can no longer be sustained in the river waters. Thi

is polluted from acid mine drainage and toxi

vy metals. Moreover, the citizens’ free use of the

1s NOW Obstructed by the causeway

iconomic Damages

a. Loss of Use and Enjoyment of Calancan Bay

and Surrounding Areas.

199. Citizens can no longer sately Wim and

play in Calancan Bay and surrounding areas as a

result of Placer Dome’s polluting. Moreover, contrary

to Placer Dome’s” assertion that the 4.5-mile

causeway of mine tailings in Calancan Bay 1s a nice

beach” on which Marinduquenos can hold their

pienics, the causeway poses a danger to human

health because toxie dust is blown around by the

wind and because the ede: ol the CauseCWay, OD)

which Marinduquenos continue to walk and fish, are

be OMI more and Ore Ul table

Destruction hishing Industry and

Lost Income

Z00. Calancan Bay was once a tertile fishing

ound However, ilely edible marine hile 4:

found ‘The Orie unobstructed bay ]

With a toxic Causeway that intertlere:

navigations, commerce, fishing, and harvesting

and within the bay. As a result, fishermen, who

ed to fish in Calancan Bay, now have to travel

three to four hours to fishing pround sea. These

nshermen have been unable to catch as many 1) 1) li)

these new fishing yround: as they used to catch tn

Cfalancan Bay, even with the greater investment ol

time and money now required, because there }

ey rvadie antly more competition mn these fishing

ground hor the first time these Marinduque

hshermen ar competing — for 1) with large

commercial 1 hiny boat and they cannot po sibly

W IT) Lit t) al COMpelilion A ult ol thre fore VOIP?

citizens ol the Province hay and will continue to

los myniicant income

Destruction of the Tourist Industry

201. As a direct and proximate result ol Vilace)

Dome environmentally destructive mining

activity What Ww once a promising tourist

industry in the Province no longer exists. The unique

beauty of the Province’s environment, which drew

and would have continued to draw tourists in ever

mIcreasliny numbet na heen rendered virtually

lor this purpose causing substantial econom i

for the Province and its cituzen

d. Non-User Losse:

As a direct and proximate result of Place

Domes environmentally destructive mining

activilies the natural resource ol the Province have

uffered great losses with respect to their Option

Kistence, Bequest and Public Goods value:

C. Human Health Problems

ia Kespiratory Problems

20%. Dust associated with mine tailings

blown around “lke flour’ in Marinduque. As a resu

area residents inhale this dust that contain:

metal In March 2000, the NCDCS found that the

level of lead in the air near the coasthne of Botilao

exceeded KPA standards and was almost double the

level found in another area of Botilao. Residents of

Rotilao and other areas around Calancan Bay have

eCXperience ad re: piratory problem: as a result

b. Heavy Metal Toxicity.

204. In addition to inhaling toxic dust from

dangerous mine tailings, Marinduquenos ingest toxi

levels of heavy metals by eating fish from Calancan

Bay and drinking water from polluted wells. The

amounts for some residents are sometimes described

as “sublethal with the caveat that resident will

continue to accumulate heavy metals in their body

Loci hospitals report numerous case

metal blood poisoning. This poisoning can cause skin

lesions that lead to bacterial infection, tumors, and

amputation. Children born to mothers with heavy

metal toxicity ure often born mentally retarded

109A

hbometime; the treatment lor heavy metal tox

art unavailable Or LOO late and Marnduqueno:

D. Medical Monitoring and Care

205. ‘The Province ha mcurred and will

continue to incur substantial expenses for public

health program mcluding without hmuitation

medical monitoring, treatment, and care of those

citizens exposed to and harmed by the continuing

releases of toxic mine tailings into the environment

of the Provinces

Kk. Necessary Remediation

206. Placer Dome breached the orginal

Calancan ay dumping permit that required

disposal of mine tailings deep beneath the surface of

the bay. Now, the bay 1s completely saturated with

mine tailings, and Placer Dome has dumped such a

large volume of tailings into one area of Calancan

Say that it has created a 4.5-mile long “beautiful

beach composed of toxi tailings that stretches out

to sea. ‘The environmental damage caused by Place:

Dome’s dumping is unfathomable. Placer Dome

hould be held to it promise and be forced to

remediate and re tore Calancan bay

207. By polluting Calancan Bay, Placer Dome

has destroyed or driven away many species of coral,

flora, fauna, crustaceans, and fish. ‘To correct thi

wrong, Placer Dome should be required to pay lor the

re introduction of harmed ppecic. aiter at clean and

restore the bay environment

mae

20% Placer Dome ha also severely polluted

the Moppoy and Boue Rivers and, as a result aquats

hfe can no longer be sustained in either river, ‘To

correct this wrong, Placer Dome should be required

lo remediate and restore the river environments and

to pay for the reintroduction of harmed species into

the cleaned environment

209. Additionally, when Placer Dome fled from

the Philippine, it left the ‘Tapian Pit and the San

Antonio Pit in conditions that are danverous to the

surrounding environment. Accordingly, Placer Dome

should be foreed to renovate and rehabilitate both

pits to an environmentally sale condition

V. CAUSES OF ACTION

COUNT 1: ENFORCING VHE PUBLIC TRUS'

210. The Province incorporates by reference

the allegations contained above

213 ‘Thi Province a body politi and

political subdivision oof the Repubhe of — the

Philippines. It is endowed with authority to exerciss

the powers of the Republic of the Philippines in

promoting the general welfare; cnhancing the right

Of its citizens to a balanced ecolopy; preserving the

comfort and convenience of its people; and protecting

the ecolopy, environment, and natural resources of

its territory and preserving the same for enjoyment

by future poneration

212. ‘The Province also share respon iboadit

with the Republi oO] t hye Philippine fo) protecting

the publie interest in and enforcing the pubhe trust

OVC! trie natural na wilhddite resoures Ol

territory, including, without limitation, the hore

bed and wate) Ol the Mog por and boae hive)

downstream coastal area and Calanecan Kay and

for ensunny that the ulipino people may enjoy the

navigation of their water carry commerce over then

wate) and have lberty of fishing and harvestin

therev Pre irom artificial obstruction O}

€Ws. Placer Dome nproper trespasse ana

release Ol acid mine drainave and toxk Lhidaye

laihnys have caused and continue to cause injury to

the ecolory, environment, and natural resource QO}

the hore beds and waters of the Mogp vy and boa

Kivel downstream coastal area and Calancan

Bay. by these and related actions and failures to act

Placer Wome ha unlawtlully obstructed ana

Interlered with, and continue lo obstruct md

interfere with, the navigation of the waters and the

ability to carry Commerce over the wate mcludiny

fishing and harvesting therein, and the publi LISst

and enyoyment thereof

14 Phe Province is entitled to an award of

thie maximum amount 0] damave allowed by lav

including Without himitation damaye LO thie

Provinces natural resource and damape lor th

COSI ol restoration, to their natural state Of all of

the resources held in trust by the Province and

harmed by Placer Domi releas and trespass

mcluding, without limitation, the costs of restorimy

the ecolopy, environment, and natural resources of

thie hores, bed and waters of the Viogspor and bo

?

ive md Calancan a

AT!

IN Z

Col 2: VIOLATI

REVISED PENA

IMPRUDENCE)

THE

COD

ONS ()}:

L,

PHILIPPINE

(RECKLESS

| I tie 17) bic 1) rp here)

th) TEE WO! contarned ab (

1¢ Vursuant to rl le 100 of th Philipp 4

khevised Penal Code, Placer Dome is civilly lable for

damave resulting Irom the comm Ion Ol an felon

lense »COnNNeCLION ith Operation it the Min

i hn regard to Ca nean Ba the tollo n

cl and/or 1} () ) Placer Dome non othe)

mstituted the teloy olfense ot re le Wnprud ree

n violation ol ric Oo ol the Hip) ne Kevi a

renal Coa

VUirna pod mine tan il at riace evel

of Calancan Bay ino recktl aisre ra wv

the permit requirement that tau bye

| red bene ith the ba

t) PULEYDPOEAYS Teh rve bailin at th irlace level

if Calancan Bar In recki aisr ird of

the environmental damave bene caused te

the ba ma the urrounding area: and

gadumpin mine tain it Uae irlace level

f Calancat Bay in reckl disrevard of

the health problem bein ullered by the

Mari induqueno { result QO] Lrie

ei ronmental damave

i sore rd st mal LOE pPo Rive) thy

POlLMOWILN icy and/or om 1] 1) Place) LION

| Hi) LO «i

thst a

j } ’

Pal Pil

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1 if) Lily

typhoon

Pahiiul re

| Li pore

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feanta [ !

proper!

Hated {

beil Hauqgu

1) 1] I ¢ ira f

Vor Om)

ited the felon

lolation ol rhich

OMe

Pill { po

i { iil iI

I yynnin |

Pall LO CON

ara Pichi hie ae

tailing Prod

{hire hh thy

t! | 1] (still |) i) Tl

i] modal (| |

sth Lt! laguila-Gauila Dan

I { } ly eal Tale i

| mid tire | biige Cat] j 1) i}

ent te Mt trom {1 bil

the Boae hi r the folk Wn

by Placer Dom mnony othe

offense of reckle mnprudence

t Qi U Mhilippine HK ead

rior! CnvYironmental vr

0] (| iPran Vit belore

Ulin] nine tapyyn mito it

truct the original plug an the

nnel ) i Le pre rit pire

ecpiny into the Boaue River

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CoLyye

I KI biyiy

l the Ws !

rect wate

Miro ele ha

ipbstantial da

COUNT 3

KieVIShD

VIOLATIONS

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COD!

VPHILIPPINI

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PIENAI (SIMPL!

IMPRUDENCKI)

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lida

( lading LG re pecall Line pluy It) mat drainage

funnel within a reasonable time

’, Phese act and om hon: 1 Place Lome

among other constituted the felony olfense = ol

Sumple mmpradence that proximately caused imyary to

the Province and. the people Ol Mannduque /\ a

direct and proximate result of such injury, the

Province and the people of Marnnduque incurred very

ubstantial damapve

COUNT 4: VIOLATIONS OF THRE WATER

CODE OF THE PUILLEPPINES

pe a The Province mcorporals 1) relerence

thie ale pation contamed above

228% Pursuant to Article 100 of the Philippine

Revised Penal Code. Placer Dome is civilly hable for

damape: re ulting ire 1h) thre COMMIS Ion of ahyy 1 lony

offense in Connection with operations at the Mine

229. In reyard to Calancan Bay, the following

acts and/or om) ions by Placer Dome among other:

constituted the felony offense of dumping tailing

from mWhininy Operations mto rive and waterway

without prior permission, iolation of Article 77 of

the Water Code of thi Philippine:

dumping mune tailings at the surface level

of Calancan Bay in disrepard of the permit

requirement Lhicat laihny be buried

: beneath the bay

bh dumping mine tailings at the surlace level

of Calancan Ba Mn) «6Gisreyvard ol the

cnvironmental damapve bemp caused to the

iy and the urrounding ArCa and

1)

dumping mine tailings at the surface level

of Calancan Bay in disregard of the health

problem being sulflered the

Marinduqueno “4 a result of the

environmental damage

In reyard to the Mogpog River (he

following acts and/or omissions by Placer Dom«e

amony others, constituted the felony offense of

dumping tailings from mining operations into river:

and waterways without prior permission, in violation

f Article 77 of the Water Code of the Philippines

})}

failing to desis 1@ Maguila-Guila Dam to

withstand av’ asohal rainfall! and/or

typhoon

failing to construct the Maguila-Guila Dam

to withstand heavy seasonal rainfall and/or

L\ phoon

failing to rebuild the Mapuila-Guila Dam

O aS LO prevent toxi silt from flowing into

thy Mogpor htaive r. and

failing to rebuild the Magpuila-Guila Dam

properly and }t) the WiaNnNe] best

calculated to ansure the satety of the

Marninduquenos downrive

rard to the Boac River, the following

and/or omissions by Placer Dome, among othe

tituted the felony offense of dumping tailing:

from mining operations into rive

without prio poerinng LOT)

the

in Violation of Article

Water Code of the Philippine

to perform vironmental rist

me betore

ILO it

ment Oo) the

ning to dump mine tailing

truct the orivinal plug ln the

tunnel SO a LO prevent TPiifie

from sce ping into the oa |

LIVE!

tunnel

ling to construct the oniginal plug mn the

dramave tunnel so a to withstand the

generated when Placer Dome

engineers driiled

Ito th

LO In tall the

pie Lan

dramape Lunne]

second plug

drilling into the drainay:

{ innel to instal

the

econd pluy Wilh

disreyard for th

COMSCGQUCTICE

on the onpinal plug and the

tunnel, and without

the pO ioility oO]

collap {

drainage

regard lO}

plug and tunnel!

and

repair the plug in the

drainage

ai onabl

within a re tim«<

Phe acts and omissions by VPilacer Dome

among othe constituted the felony offense

dumping tailing

Irom mining operations

and

Wito VV

without

Wale!)

UU 44

VWV«l y

prior perm

proximately ( injury to the Province and the

Marninduque A\ a direct and

SI]0O)}) that

au

proximate

SOs

result of such myury, the Province and the people of

Manrnnduque incurred very substantial damape

COUNT 5: VIOLATIONS OF THE PHILIPPINE:

FISHERIES DECREE OF 1975

233. The Provines Incorporate yy relerence

thie alle PawiOl contained Above

234. Pursuant to Article 100 of the Philippine

Revised Penal Code, Placer Dome 1s civilly hable fon

damaves resulting from the commission of any felony

offense in connection with operations at the Mine:

235. In regard to Calancan Bay, the followin

acts and/or omissions by Placer Dome, among other:

constituted the felony offense of discharging “mining

tailings into Philippine waters, in violation of Section

‘7 of the Philippine Fisheries Decree of 1975

a. dumping mine tailings at the surface level

of Calancan Bay in disregard of the permit

requirement that — tailing be bumned

beneath the bay

b. dumping mine tailings at the surface level

of Calancan Bay in disregard of the

environmental damage being caused to the

bay and the ; urrounding area; and

¢ dumpmny mine tailings at the surlace level

of Calancan Bay in disregard of the heaith

problems beiny suffered Dy trie

a

Marindugqueno a a result Ol the

environmental damaye

>{ br) revard LO Tri Moy poy River, thie

followimy act and/or om) ons by Placer Dome

amonpy othe: constituted thie felony OlleNnst 0]

discharging mining” tailings into Philippine Wale!

nn Violation of Section 37 of the Ih lippine hisheri

lecree of 19%

failing to design the Magvuila-Guila Dam to

Vithstand heavy. easonal raintiall and/or

[ phoon

failing to construct the Maguila-Guila Dam

LQ with tand at ch Cal onal raill fall and/o)

phoon

failing to rebuild the Mapvuila-Guila Dam

Gas to prevent tox it from flowing into

mat Moppop Rives and

d. failing to rebuild the Magvuila-Guila Dam

propertly, ang in thie hanney best

calculated to msure thie Wet ol the

A A

Jiarunduque nos downrive!

S/. In regard to the Boac Kiver, the following

acts and/or omissions by Placer Dome, among othe

constituted the felony offense of discharging “mining

taolinygs into Philippine waters, in violation of Section

37 of the Philippine Iishenes Decree of 1975

fadliny LO periorm 4h) environmental rist

“a C ment Ol thie Taplan I it belore

meriunningp tod LdY) p> Wrdd aie tailing Mito it

{ '

failing to construct the oriyinal plug in the

drainage tunnel {) a LO prevent TyLir)¢

taahiags from seeping into the hoac iver

through the drainage tunnel

C. Tailing to construct the original plug in the

drainage tunnel so as to waithstand the

pressure generated when Placer Dome

enyineers drilled into the drainage tunne!

to install the second plug

d. drilling into the drainaye tunnel to install

the second plug with disregard for the

consequences on the original plug and the

drammapve tunnel, and without regard fo

the possibihty of aieplugy and tunnel

collap { and

flailing to repair the plug in the drainape

tunnel within a reasonable time

13%. These acts and omissions by Placer Dome

amony others, constituted the felony offense of

discharging “mining” tailings into Philippine wate

that proximately caused injury to the Province and

the people of Marnnduque. As a direct and proximate

result of such injury, the Province and the people of

Marinduque incurred very substantial damage:

COUNT 6: VIOLATIONS OF THE PHILIPPINE

NATIONAL POLLUTION CONTROL DECREE

Qk 1976

Ky The Province Mcorporate by relerence

the allegations contained above

‘AQ. Pursuant to Article 100 of thi Philippine

fevised Penal Code, Placer Dome ts civilly lable for

damaves resulting from the commission of any felony

offense th Connection with Operalions at t he Mine

241. In regard to Calancan Bay, the

lollowiny

acts and/or omissions by

Placer Dome, amony othe

constituted the felony offense of di

ubstance that causes “pollution

and/or land of the Philippine

posings ol a

mito the water. an

In violation of Section

4 of the Philippine National Pollution Control Decree

ol 197

rs dumping Wwe tailing at thre urlace leve

of Calanecan Bay in disregard of the permit

requirement that tailing bye burned

beneath the bay

b. dumping mine tailings at the surface level

of Calancan Bay in disregard of the

environmental damayve bemy CauUS( d LO thie

bay and the surrounding area; and

¢. dumping mine tailings at the surface level

ol ¢ alancan bay if) di: repard ol the health

problem: being ulfered by thie

Marinduqueno as ‘a result ol thie

environmental damage

242. In repvard to the Mogpog

tive) thie

following act: and/o)

omissions by Placer Dome

amony othe constituted the felony offense ol

disposing ol a substance that cause

the water, air, and/or land of

“olation of Section & of the

“pollution Mtlo

the Philippine , Itt

Philippine National

Pollution Control Decree of 1976

i fadling to de bray Chie Viavuila-Guila Dam to

With tand hea Cal onal radntadl and/o1

| phoon

1) lagling to construct the VlIavulla-Gauila Dain

to withstand heav' easonal raintall and/or

typhoon

( failing to rebuild the Mavuila-Gauila {dam

O as Lo prevent LOX Wt from Jlowing into

thie Mogpoy haver: and

d. failing to rebuild the Mapuila-Guila Dam

properly and WW thie manne Dest

calculated to insure the alety of the

Marinduquenos downrive)

244. In reyard to the Boac River, the followiny

acts and/or omissions by Placer Dome, amony othe:

constituted the felony offense of di posing ob a

ubstance that causes “pollution” into the water, an

and/or land of the Philippines, in violation of Section

Ol the Pyaadipspoare National Pollution Control Decree

Ol 1976

a. failing to perform an environmental ris

assessment Ol thie Tapian 1 it before

bepinning to dump mine tailings into it

I) laine to construct the original pluy in thi

Grainape Lunnel 0 a lo prevent mite

tagling Prom HCCPINE mito the one Have

through the drainage tunnel

( faihny to construct the original plug in the

drainave tunnel so a to withstand the

pre ire renerated hey Vlaces Wome

ehnrinee! drilled into the dramave tunnel!

to install the econd plug

drilling into the drainage tunnel to install

hi econd plug with disregard for the

CONSCGUCHICE on the original plug and the

drainave tunnel, and without regard fon

(he possibility 9 of pluy and tunnel

collap eoand

( lagline LO repall thie play mp the drainays

tunnel within a reasonable time

‘44. These acts and om ions by Placer Dome

amony othe constituted the felony offense of

disposing of a substance that causes “pollution” into

the water ‘ill and/or land of the Philippine that

proximately cuused injury to the Province and the

people of Marnnduqu \s a direct and proximat

result of such injury, the Province and the people of

Marindugue incurred very substantial damage:

COUNT 7: VIOLATIONS OF THE PHILIPPINE

NATIONAL WATER AND AIR POLLUTION

CONTROL COMMISSION ACO']

245. The Province imcorporat yy reference

the alle yabion: contained above

246. Pursuant to Article JOO of the Philippine

levised Penal Code, Placer Dome 1s civilly hable for

damaves resulting from the commission ol any telony

offense in connection With operation at the Mune

/ ln revard to Calancan Ba the lollowin

mts ana/sor Omi ions by Placer Dome amony other

CQ tituted the felony olfense of di posineg Ol matte!

Lhat cause pollution into the VAtCCT and/or wnto

the air of the Philippine In Violation Of Section Y ol

the Philippine National Water and Ait Pollution

(Control Commi on Act

dumping mine tailings at the urlace level

of Calancan Bay in disregard of the permit

requirement that tailiny by burned

beneath the ba

bh. dumping mine tailings at the surtace level

Ol Clalancan Bay 1h) disreyvard Ol Chie

environmental damare beiny caused to the

bya and thie urroundiny area ana

umping mine tailings at the urface level

of Calancan Bay in disrepard of the health

prob ae bye ny ulfered by Lhe

Marinduqueno a a result oO] tri

environmental damage

14 In regard to the Mogpopg Rive Lhe

lollowimy act and/or OMbisSiO}d by VMiacer Wome

among other: constituted the felony offense ol

disposing of matter that caus pollution mito the

waters and/or into the air of the Philippine Wn

Violation of Section 9 of the Philippine National

LA

Wate! and An Pollution ( ontro} (Commi: 1QT) Act

1 failing to design the Mapuila-Guila Dam to

Vithstand heavy easonal rainfall and/or

| JYphnoon

falling to construct tl Map bila (aula dam

lading to rebuild the Maguila-Guila Dam

() al tO prevent Lox iit from tlowing into

if) LOrpDoO he e- F tiie

l failing to rebuild thre Viavuila-Guila Dam

propert cA Tit l] thie PAP Le aT |

lculated ae) i} tir Chie jel (] th)

larinduqueno d Vii) !

90 In re rard to the Bonc Rive) the follow

{ and/or om) 1On) 1) Viacer Dome among other

constituted the felony offense of disposing of matter

that cause “pollution into the water and/or into

the air of the Philippine In violation of Section Y ol

thie Philippine National Water and Kir Pollution

(Control (omm) ion Act

t. failing to perform an environmental ris

i ( ment 6) mat Taplan Vi belore

bevinning to dump mine tailings into it

Db. failing to construct the original prug an thy

drainage tunnel O a tO prevent min

tailings Irom seeping into the Bouc River

through the drainage tunnel

7

falling to con ruct the original play md tha

drainave tunnel Oa to withstand thre

pressure renerated when Places Lome

ChMhvinect drilled mito the drainage tunnel

tO in Cell the econd plug

a L| t |

‘ Tt i tive ¢ , i |

draina Cilia | ‘a

try Ppilal

heavy

Peadddl | } prcadl | |

| nel i ir

(TY bon 1’ | r |)

weatele: Othe tituced Liye felon Lié

(i) posi ol matter tha ( | Phu }

ile) and/or imtoo the ili f the Phal )

proximate eaused nyu l tt ea i i

people QO] V1 il] hduue (})} | maid })) il i

result ol uch mmyu t] Provinces mad tl ‘oO

Marninduaque pcurread (*] ubstantial damare

COUNT & VIOLATIONS OF ‘THk PHILIPPINI

MINING ACP OF 1995

damaves resulting trom the commussy Lanny felo

Ollense in connection Ith Operatse (tl v1

) Phe loll i! cl bale 1h) le)

Piacer Dome mone other eonstituted the tel

Ollense of willfully violating or pro neviecti

pic bD\ mal term wale condition (| 1)

hari | ( } , ‘ }

iat 1 il

’

t>) rcrye | if (itl aan :") {

people Ol Viaril higue f I Ll |

Houlated LO Hii tlre Liye el (| Lyi

Aarind MyUEeHo GQownrive)

9 in revard Cop Drye 14 re | Mivey! Placer bdome

mehed iI duty (| ("cide Lt) tye Province and t}ae

peop Ol M renduque by committing, amon othe

yiodump mine tains mto a

laughing to construct the oripinal pluy, 1)

Che aaanpeagye tunne) LO wore (yt Wiha

Irom Copy

(aidiny brite (his Maou It) (‘7

fhyroust thie on Beereesa. tunnel

fadlings to Construct the original plug in th

ave Cunned) O a to withstand thi

pore ure venerated when Vlacer Dome

CnNPInNEG) drilled into the drainage tunnel

toanstall the second plup

Gd. drilling into the drainayve tunnel to install

trie CCona plup with di regard 10) Lit

COMSequenc fot) thie oriinal pluy ana thas

drainave tunnel, and without regard for

Lyi possibility of P plug and tunnes

apse maid

bedding? bo repair thie plu in the dra iz

hunne) ithin a reasonable time

AC) Mame at ict ind © ons by Placer Dome

ii [ya (()] (ittuted aL Nyrenen (hat

re Lael ( | 1 ji | i} Vrovince and ti

G9.

Ge PA

people of Marninduque. As a direct and proximat«

result of such injury, the Province and the people of

Jarindaque incurred very substantial damages

COUNT 10: QUASI-DELICT (PUBLIC AND/OR

PRIVATIO NUISANCE)

2b] Thy Province hhneorporate hy reference

thre cable rations Contain d above

262. Pursuant to Article 694 of the Civil Cod

of the Philippine Miacer Dome is hable for damape;

resulting from any public and/or private nuisance

Committed an connection with operations at the

Mines, including any act that: (1) injures or

endanpes the health or afety of others: (2) annoy

or offends the sense (3) shocks, dehes or disrevards

decency or morality; (4) obstructs or interferes with

the free passage of any pubhe highway or street, o1

pOOCLY | Wate) ()] G33 hindes QO! Mi palrs the USC

’O3. In reyard to Calancan Bay, the following

iets and/or omissions by Placer Dome amony other

CO} LItuted a publi and/or private nulsance

i Qudnpiny wire Laibny sat the surface level

Of Calancan Bay in disregard of the permit

requirement that tailing bye burned

beneath the bay

b. dumping mine tailings at the surface level

Of Calancun Bay in disrepard of the

environmental damage being caused to the

$e mod the lrroundinyg area and

}

© duimpmyg mine tailings at the surface level

Of Calancan Bay in disregard of the health

problem bemny ulfered by the

Varmndugue ho \ \ re itt Ol thy

Cnvironinental damage

QA

| lh) repvard Lo Lhe

lollowiny act and/or

amony other

Moypop Rives Uri

(TT)) }OoT) Hy Mra }

(O97) tituted ra | piibdie and/or private

PU AIC

Lome

ladling to de ruila (guila Dam to

With tand hye

| phoon

Ana/O!I

lading to construct the Mayuila-Guila Dam

to withstand heavy easonal raintall and/or

typhoon

failing to rebuild the Maguila-Guila Dam

as to prevent toxie silt from flowimy into

the Moppog River; and

d. failing to rebuild the Mapuila-Guila Dam

peraprye rly and JY) thie AHA !Y at |

calculated LO MnSure brie alety Oo] thie

Marninduquenos downrives

65. In re yard to the

Hoac Kiver, the lollowiny

ions by Placer Dome

constituted a WIPLED EL and/o) pri

|

acts and/or om) amony othe)

Vale pues Perks

i laihiny LQ

periorimn ah Cny

i ( ment Ql trie ‘|

beyanning to dump mine

aplad) 17 \t bye hore

1%) hi

failing to construct the oripinal pluy thie

drainage tunnel O as to prevent mine

tailings from seeping into the Boac Rives

through the drainage tunne]

faalings to construct the original plug ip the

drainage tunnel 6 as to withstand the

pore ure venerated when Placer Dom

enguneers drilled into the drainage tunne|)

to install the econd plup

qd. drilling into the drainave tunnel to install

(he second pluy with disrevard for the

consequences on the oriinal plug and the

drainaye tunnel, and without: repard for

the possibility of a plug and tunnel

collap { and

faddiny Lo Pepal: thie pluy jr) Ube dramave

tunnel Within a rea: onable Lim

266. These acts and omissions by Placer Dome

mnony other constituted a public and/or. rivate

nuisance that proximately caused injury to the

Vrovince and the people ol Mannduque As a direct

and proximate re ult of such Mmyury, the Province and

the people of Marinduque incurred very substantial

adamape

COUNT 11: BREACH OF CONTRACT

ZO. Phe Vrovines mcorporat Hy relerence

Mt allevations contamed above

26%. On or around 1997, Placer Dome caused

bharCoppel rOa wh all of jl PSULrAance COVEeEraVe Lo

IYda

Placer Dome pursuant to an Assignment Agreement

Placer Dome thereafter recovered at least »1Z-).3

millon OI 11) tip alice proceed unde) (pie Le wore ray

the relevant insurance avreement

L209 Phi V’rovince and tric peopl Oo]

Manndugue are the mphtful and intended third

party beneheimaries of insurance agreements related

fo mune Operations on Marindugue, and Places

Dome, as assignee, necessarily had to secure and use

the assigned msurance procecds to undertake and/or

cause others to undertake extensive environmental

and medical remediation programs on Marinduqu

b4N) The Province and Lrie peopl Ol

Mannduque were intended third party beneficiari

ol the Assiynment Avreement and the underlying

mnsurance apreement

rae Placer Dome breached it Obhiyation

under the relevant arreement by committing

amony others, the following acts and/or omission

lailing to secure Coverage

lasting bo use any of the assigned insurance

proceed to undertake the required

environmental and medical remediation

provrams on Marinduque and

ailing to use any of the assigned insurance

proceed to cause others to undertake the

i {

required environmental remediation and

medical monitoring Propramy (jt)

VJ il mduque

19a

2472. These acts and omissions by Placer Dom«

amony othe constituted a breach of contract that

caused injury to the Provinee and. the peopl ol

Marindugque. As a result of such injury, the Province

and Che pcople ol Mannduaque mcurred Very

ubstantial

COUNT 12: BREACH OF CONTRAC']

73. ‘The Province incorporates by reference

the allegations in Paragraphs | through X

274. John Willsons April 11, 1996 letter to

then VPhilippine President Fidel Ramos created a

binding contract between Vlacer Dome, on the one

hand and thie Province and — the peopl ol

Manrnindugue, on the other hand

275. In the letter, Willson promised President

Kamos that “Placer Dome wiould| provide full

lechimical and financial support to Marcopper in

Implementation of Compensation and rehabilitation

propragm: Willson as President of the COMpany

had the authority to make this promise on Places

Domes behall, and his promise wa upported by

adequate consideration.’ Moreover although made

mn a letter to President Ramos and the government of

the Philippine Willson’s promise was directed at

the Province and the people of Marinduque

\ecordingly, the letter created a binding contract

between Placer Dome, on the one hand, and the

Province and thie peopl 0] Marinduqu On the other

hand

AY is br the alternative thy letter created a

binding contract between Placer Dome and thi

Philippine government, and the Province and. th

peopl ol Marninduque Were brite nded third part

benehiciarie of that contract

if e eCce7s Wome bre iched it eontract with

Live Province and the people ()! Marinduque 1)

committing, among other thie lollowing ic‘ pnd/or

Tah) bOT)

ii leading LO full COMpcn ile itt MeL dIt) a

(he 1996 Boac River disaste

lading to pay sulligient funds into the Gil

to lulls compensat all victims of the 1996

lsoac River disaster

fading to reamburse tha hiaitippan

moOoVvernmen! fo} ( pen { mcurred and

contintuny to be incurred in responding: to

the 1996 Boae River disaster

qd. faibnyg to reimburse Lhe Provinces 10)

CX Pens Incurred and continuing to bi

11) urred JI) re ponding to bie 1996 hone

hiver disaste!

laiang to ensure third party monitoring of

residents health and of thie quality of then

agrinking wate)

IISA

| lading to renabilitate and remediate Lhe

Boac River and the urrounding area

mcluding the marine areas identified by

Will On yh tba hettey)

; laadiny Li ( tabi 1) Mood protect ()]

Tlit‘al tij¢ and 14) PT)ipIro ( roid Acc, for

i deagres

h. failing to have an independent third part

inplement health and Cnvirohmental

moniworipe progvran and

} lagiiny LO Jrreo' rhe ail technical Cj! Pyrdcaene ial

Upport ne Wn pleme rit thie arvent

COP nsabion and re habilitation pPropram

Zt ‘The e acl and om boot) by Places Dome

amMmOony OLney) constituted al breach Oo] contract Lhatl

Citi ed gea00ar ¥ to Chie Province and maT people (|

Varinduque. As a result of such injury, the Provinces

and the people 7) Marind iy lie mcurred

ubstantial damage

COUNT 13: PROMISSORY ESTOPPEL

At by, ‘The Provines mMcorporat I) cQceeoe ROLLA

the allevations contamed above

240. In hi April | | 1996 letter, dohn Willson

the President of Placer Dome promi ed President

Ramos that “Placer Dome wlould| provide full

technical and financial support to Marcopper in

bniplementation of Compensation and rehabilitation

prop Aldi Will (ot) made thi jerOril ( Q)T) Phaces

Dome byebacall wilh thie brite it that thie Pre Liye mid

thre peopl of Marinduque would rely on it

A Phe Proving and tty OPT of

Markinduqu did ibsequentl rely on Willson

promise to their detriment b amony othe thing

lorevoiny taking more appre ive Civil and criminal

action 1 COM I} ime Victim QO] thie 1996 boa have)

Vilaces Wome re if }¢*O] Will (jt) porotii

} clittioon) OLnet Lins

faigling LO full COT pt ] ile all tin *)

thie 1996 Boae Kiver di ai te!

1) ladling to pa ulfimient funds into the Gi]

lo fully compensate all victims of the 1996

( ehllildhiy? {) reimbpu ( thie Philippine

roverniment lol CAPCN { mcurrea and

COnLNUINY to be mcurred ij} J¢ pOnanyp LO

the 1996 Boae River disastet

| laidine Lo reimbust r Liye Pro pce QO?)

( Peli mcurred) and CoOnvinuuny lO bye

meurredad nm re ponding to the 1996 Boa

ladhiny lo ensure third part nNoOnworiny of

r¢ raent ay vith and of the qualit' Of the

(0a

lading to rehabilitate and remediate Ln

(

boauc River and the urrounding area

mechudn trie marine irea Wdentil qd hh

Willson an t] lettes

haihiny { establist! bene protection

mica re md to improve road a lo

phages

! failing to have an inde penac»nt third part

[)

biplement health ahbid GB] ronmental

monitoring program and

failing to pre che iy technical or tinancial

Uipport Lo biplement Uti vent

compensation and rchabihtation

Place Dome hould = by ( Lopped from

leadhing LO periorm accordiny to the terms of Willson

and Placer Dom«e promise hecause the Province

and the people of Marinduque relied on those

Promise lo their detriment by foreyoing pursuins

more pressive civil and eriminal action to

COMpCHnsatlk VICI Of the disastes mid to punist

Lhose responsible for causing i

mar Vrovines and tiie peopl 1)

Viarinduaque were myured when the detrimentally

rehed on Willson’s and Placer Domes promise 1S a

result of such injury, the Province and the people o

Viarimnduque incurred very subst

t1it) i cd trp 1«ibie

PRAYER

WHEREFORE trae Provinces rs pectiall

pra that Placer Dome be cited to appear na

mswer herein nd that upon trial ol Chit Cause

judgement | entered in the Provinces havor bid

mamst Placer Dome vith tid] mdyiment proviadiny

Or

Yn orde) 0] ar Court directing Peace

Dome to undertake and complete (and/or

finance the undertaking and completion ol)

the environmental cleanup of the atfeeted

ireas Ol, and restore the natural resource

tf Marnnduque, including, but not lhmited

Li the Tapian Pit, the San Antomo Pit

(Calancan Bay thie Mop poy Rives YSteEM

the Boac Kive ystem, downstream coastal

rea md thy urrounding area 1'h))

nvironmental leanup must mchude

mony Oolher thing ensuring potable

ite! rh tre repion and healthy hunting

ind fishing = pround Uti repair of

detenorating mine tructure and the

Mapuila-Guala Dam, and for the renovating

and rehabilitating of the Tapilan Pit) and

mar in Antomo Pit

| rgqer. Chi ( urt directing Vhaces

1) rhe tO create and fund adequate] ith)

Dome Lo fe ite ahd hand adequate) i

nedical monitoring tund