Court dismisses petition to void Tampakan project’s 18-year FTAA extension
KORONADAL CITY (MindaNews / 13 May 2026) — A Regional Trial Court (RTC) here has dismissed the petition filed by religious, environmental and people’s organizations to nullify the 18-year extension granted to the Financial or Technical Assistance Agreement (FTAA) awarded to the controversial Tampakan copper-gold project for lack of merit.
Judge Jessie Lariosa, presiding judge of RTC 11th Judicial Region Branch 42, issued the ruling on a Petition for Certiorari against the restored period of the FTAA granted to Sagittarius Mines, Inc. (SMI).
SMI is the successor-in-interest of Australian-owned Western Mining Corp. Philippines (WMCP), the original holder of the FTAA granted by the Philippine government on March 22, 1995.
SMI, now reportedly under the hands of Filipino investors following the divestment of various foreign investors several years ago, acquired FTAA 002-95-XI from WMCP in 2001, allowing it to explore and develop the Tampakan project, the largest untapped copper-gold minefield in Southeast Asia.
The FTAA would have ended on March 22, 2020. An FTAA has a lifespan of 25 years and can be renewed for another 25 years.
The first extension, for a period of 12 years or until March 22, 2032, of the original FTAA was granted by Leo Jasareno, then national director of the Mines and Geosciences Bureau (MGB), an agency under the DENR, on June 8, 2016 “by authority of the secretary.” The extension was discovered in January 2020, more than four years after it was granted. MindaNews wrote an exclusive report about it.
The second order was issued by the late acting Environment Secretary Jim Sampulna on June 14, 2022, restoring the life of the original FTAA for 18 years or until March 22, 2038.
Like the first extension, no announcement was made about the second.
Both extensions were granted by the DENR by acknowledging the “force majeure” conditions listed by the mining firm.
Force majeure means acts or circumstances beyond the reasonable control of the contractor, according to DENR Administrative Order 95-936.
The force majeure incidents cited by SMI in asking for extensions were, among others, peace and order problems, the open-pit ban imposed by the South Cotabato provincial government, DENR’s cancellation of its ECC on February 14, 2017 (which the Office of the President restored on May 6, 2019) and the declaration of the COVID-19 pandemic in 2020.
“The above problems encountered by SMI … are determined to be acts beyond the reasonable control of SMI or force majeure covering for a total period of 18 years,” Sampulna’s order stated.
The ban on open-pit mining imposed by the provincial government of South Cotabato was approved in 2010 and remains in effect today.
SMI repeatedly admitted that open-pit mining is the most viable method to extract the massive copper and gold deposits, the bulk of which is located in Tampakan, South Cotabato.
In his ruling, Judge Lariosa stated: “The restoration order dated 08 June 2016 issued by the MGB of the DENR and the Order dated 14 June 2022 issued by the DENR Secretary (Sampulna) recognizing and affirming the restoration of the term of FTAA-02 in favor of Sagittarius Mines, Inc are hereby affirmed.”
Bishop Cerilo Casicas of the Diocese of Marbel, who led the filing of the Petition for Certiorari against the FTAA extension, appeared unfazed by the dismissal of the case.
The petitioners filed the case on October 4, 2024, with the first hearing conducted on September 3, 2025.
Lariosa’s ruling was released last April 22, or one year and a half since the filing.
Casicas told MindaNews on Wednesday that they would contest the decision, noting their remedies include bringing the matter even up to the Supreme Court.
He declined to comment on the judge’s ruling, saying they are still preparing a statement.
But he thanked the local court for “its fast action” on their petition.
Atty. Rolly Peoro, direct legal services coordinator of the Legal Rights and Natural Resources Center (LRC), a non-profit assisting the petitioners, said they already filed a motion for reconsideration on Tuesday, May 12.
“We have requested that the dismissal should be reconsidered and that the restoration order (on the FTAA) must be cancelled,” he said in an interview here in Filipino.
MindaNews sought SMI for comments on the ruling but has yet to get a response.
Aside from Casicas, the other petitioners are the Columbio Multi-Sectoral Ecology Movement Inc., La Bugal B’laan Tribal Association Inc., Nagkakaisang Magsasaka ng Libertad Irrigators Association Inc., Maligaya Communal Irrigators Association Inc., New Bantangan Farmer’s Association, and San Jose Mabini Irrigators Association.
The Cacub Irrigators Association Inc., Marbel 6-Concepcion Irrigators Association, Tampakan Irrigators Service Development Association Inc., and Sitio Cadedang Communal Irrigators also joined the petition.
These groups are based in Tampakan and Koronadal City in South Cotabato and Columbio in Sultan Kudarat.
Named respondents are (former) Executive Secretary Lucas Bersamin, (former) DENR Secretary Toni Yulo-Loyzaga, (former) MGB OIC-Director Atty. Danilo Uykieng, and SMI. (Bong S. Sarmiento / MindaNews)
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