LGUs with Mining Ban Should Heed SC Decision

The Chamber of Mines of the Philippines (COMP) welcomes the Supreme Court’s ruling that nullifies the mining ban in Occidental Mindoro.  The decision establishes that any local government moratorium against mining contravenes Republic Act 7942, otherwise known as the Philippine Mining Act of 1995, as well as the Constitution itself.

 

With this ruling, the High Court provides a steadying hand and the all-essential policy direction that would support the relatively nascent upward trajectory of the local mining industry.  In addition to the need for a rational environmental and fiscal regime, the minerals development sector must be fueled by regulatory consistency.  The ruling is indeed a decisive action that hopefully would align local government direction with national policies and laws, which are crucial to attracting and keeping investments intact and flowing in.

 

Local mining bans stifle initiatives that promote sustainable development, which dictates a holistic approach encompassing not just environmental protection, but also inclusive social development and ethical governance – principles that COMP members fully abide by through their mandatory compliance with Towards Sustainable Mining (TSM).   TSM compels mining projects to continuously improve their environmental, social, and governance performance beyond the word of the law. 

 

Nevertheless, COMP fully respects the LGUs’ autonomy in running their affairs, including their right to disapprove or shutter projects the LGUs deem in violation of local ordinances that do not contradict national mining laws.  The Supreme Court decision merely emphasizes that LGU powers still emanate from Congress and, as such, ordinances should not go against congressional legislation or national policy.  It is unconscionable to suggest that LGUs can undo acts of Congress from which the LGUs have derived their powers in the first place.  Verily, LGUs should not negate – by mere ordinance – the mandate of the statute.

 

Moreover, the High Court ruling should send a clear message to other LGUs such as Palawan where the Sangguniang Panlalawigan recently declared a 50-year moratorium on the endorsement of new mining applications.  If the Philippines wants to be a predictable and consistent place for investments, government at all levels must take deliberate action – such as the Supreme Court verdict – to ensure alignment of all LGU direction with national policies and laws.