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Perfecto Floresca V. Philex Mining Corporation

1) On June 28, 1967, a collapse occurred at a mine owned by Philex Mining Corporation due to the accumulation of water and mud above an open pit area. This caused approximately 500,000 cubic feet of material to flow through the mine tunnels in around 5 minutes, trapping many workers inside. 2) Of the 48 workers in the mine at the time, 5 escaped, 22 were rescued in the following week, but 21 others were not rescued and were left to die despite some still being alive. 3) Philex Mining Corporation failed to provide necessary safety precautions and protections for workers in violation of mining laws and regulations, and showed disregard for its legal and moral duties by aband

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154 views2 pages

Perfecto Floresca V. Philex Mining Corporation

1) On June 28, 1967, a collapse occurred at a mine owned by Philex Mining Corporation due to the accumulation of water and mud above an open pit area. This caused approximately 500,000 cubic feet of material to flow through the mine tunnels in around 5 minutes, trapping many workers inside. 2) Of the 48 workers in the mine at the time, 5 escaped, 22 were rescued in the following week, but 21 others were not rescued and were left to die despite some still being alive. 3) Philex Mining Corporation failed to provide necessary safety precautions and protections for workers in violation of mining laws and regulations, and showed disregard for its legal and moral duties by aband

Uploaded by

Kenny Besario
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PERFECTO FLORESCA v. PHILEX MINING "10.

That out of the 48 mine workers


CORPORATION
who were then working at defendant
Sometime prior and up to June 28, PHlLEX's mine on the said date, five
1967, the defendant PHILEX, with (5) were able to escape from the
gross and reckless negligence and terrifying holocaust; 22 were rescued
imprudence and deliberate failure to within the next 7 days; and the rest, 21
take the required precautions for the in number, including those referred to
due protection of the lives of its men in paragraph 7 herein above, were left
working underground at the time, and mercilessly to their fate,
in utter violation of the laws and the notwithstanding the fact that up to
rules and regulations duly promulgated then, a great many of them were still
by the Government pursuant thereto, alive, entombed in the tunnels of the
allowed great amount of water and mine, but were not rescued due to
mud to accumulate in an open pit area defendant PHlLEX's decision to
at the mine above Block 43-S-1 which abandon rescue operations, in utter
seeped through and saturated the 600 disregard of its bounded legal and
ft. column of broken ore and rock moral duties in the premises.
below it, thereby exerting tremendous "13. That defendant PHILEX not only
pressure on the working spaces at its violated the law and the rules and
4300 level, with the result that, on the regulations duly promulgated by the
said date, at about 4 o'clock in the duly constituted authorities as set out
afternoon, with the collapse of all by the Special Committee above
underground supports due to such referred to, in their Report of
enormous pressure, approximately Investigation, pages 7-13, Annex `B'
500,000 cubic feet of broken ores, hereof, but also failed completely to
rocks, mud and water, accompanied by provide its men working underground
surface boulders, blasted through the the necessary security for the
tunnels and flowed out and filled in, in protection of their lives
a matter of approximately five (5) notwithstanding the fact that it had
minutes, the underground workings, vast financial resources, it having
ripped timber supports and carried off made, during the year 1966 alone, a
materials, machines and equipment total operating income of
which blocked all avenues of exit, P38,220,254.00, or net earnings, after
thereby trapping within its tunnels of taxes of P19,117,394.00, as per its
all its men above referred to, including 11th Annual Report for the year ended
those named in the next preceding December 31, 1966, and with
paragraph, represented by the plaintiffs aggregate assets totalling
herein; P45,794,103.00 as of December 31,
1966;

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