SC ruling nullifying LGU mining bans sets bad precedent — environmentalists

By Kyle Aristophere T. Atienza, Reporter

A SUPREME COURT (SC) ruling striking down local-government mining bans sets a bad precedent for conservation, according to environmental groups.

The ruling also exposes the flaws of a 1995 mining law, they added.

Alyansa Tigil Mina (ATM) said the ruling has “clear repercussions for efforts to stop destructive and irresponsible mining.”

It called for a balanced interpretation of laws on local autonomy and minerals management.

“In the real world where mining corporations and political dynasties rule economic decision and management of our natural resources, this is not a just interpretation, in our view.”

The ruling nullified a 25-year moratorium on large-scale mining by the province of Occidental Mindoro and the municipality of Abra de Ilog in that province, with the SC saying it 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).

ATM said the ruling constrains the police powers of LGUs, though it notes that instead of blanket bans, it found that LGUs can decide to approve or disapprove of specific mining applications.

“We are asking public interest law organizations to review and give a briefing to environmental and climate justice networks and affected communities as soon as possible, so we may be able to draft our responses with concerned LGUs,” it said.

Occidental Mindoro elevated the case filed by Agusan to the SC after a regional trial court voided the ordinances imposing the ban.

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 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 these 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 prohibit mining 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.

The ruling noted that 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.

Kalikasan People’s Network called the ruling a “dangerous move.”

“This ruling… is a direct assault on the autonomy of local governments and the collective right of the people to a balanced and healthful ecology, as enshrined in the Constitution,” it said.

The group called on the 20th Congress to repeal RA 7942 and pass a “people-friendly” mining bill.

The so-called people’s mining bill seeks the creation of multi-sectoral mineral councils, expanding the decision-making process to affected communities,stakeholders, and LGUs.

The bill “affirms the role of the MGB as a scientific research institution under the DENR.”

Meanwhile, the Philippine Nickel Industry Association (PNIA) said the court ruling “holds profound significance not just for the mining sector, but also for maintaining the delicate balance between local government authority and national laws.”

It called the ruling a “pivotal step in enhancing the competitiveness of the mining industry while fostering its sustainable development.”

“This ruling not only clarifies legal ambiguities in mining governance but also sets a crucial precedent for future policy discussions.”

The SC issued the ruling months after the province of Palawan, backed by local communities, issued a 50-year moratorium on new mineral agreements.