By Kyle Aristophere T. Atienza, Reporter
LOCAL government units (LGUs) are prohibited by the Constitution and a 1995 law from declaring blanket bans on mining, the Supreme Court (SC) ruled.
The ruling nullified a 25-year moratorium on large-scale mining by Occidental Mindoro and the municipality of Abra de Ilog in that province, which was found to have violated Republic Act (RA) No. 7942 or the Philippine Mining Act of 1995.
It stemmed from a case filed by Agusan Petroleum and Mineral Corp., which argued that the ban violated its exclusive rights to mine in Mamburao and Abra de llog under a government-approved Financial or Technical Assistance Agreement (FTAA).
The ordinances interfered with the State’s ownership and control over the exploration, development, and use of mineral resources, Agusan Petroleum also argued.
RA 7942 prescribes environmental safeguards that render a total ban unnecessary, it added.
Occidental Mindoro brought the case to the SC after a regional trial court declared the ordinances void.
The province argued that the ordinances were a valid exercise of its police power since their purpose was to protect the environment and the lives and safety of its residents.
The SC said large-scale mining and exploration of mineral resources are legal under the Constitution and the Philippine Mining Act of 1995, adding that it is the State’s duty to promote such activities “to support national development, while also ensuring environmental protection and safeguarding the rights of affected communities.”
Local ordinances are not considered “laws” that can bar mining activity under Section 19 of RA 7942, according to the ruling.
The power of LGUs to issue ordinances comes from Congress, and interpreting “laws” to include local ordinances would, in effect, allow LGUs to override Congressional authority to regulate mining, it said.
RA 7942 gives LGUs the power to approve or deny individual mining applications based on their effects on the environment, livelihoods, and land rights.
“However, the law does not authorize them to impose a blanket ban on all large-scale mining in their area,” the court said.
“Each mining application must be evaluated on a case-by-case basis,” it added.
The High Court noted that all mining applications must undergo environmental impact assessments, which include prior consultation with LGUs.
