After Mindoro ruling, Palawan urged to lift 50-year ban on new mines

INQUIRER FILE PHOTO

MANILA, Philippines — The Chamber of Mines of the Philippines (COMP) is hopeful the Supreme Court ruling that lifted large-scale mining ban in Occidental Mindoro will pave the way for the reversal of similar restrictions. An example is the 50-year ban on new mining applications in Palawan.

In a statement on Friday, COMP cheered the High Court ruling. The decision provides jurisprudence to align local government actions with national policies. It will also enable the country to attract and sustain investments in the mining sector.

The group said the resolution should send a clear message to other local government units (LGUs) that are averse to mining. One in particular is the provincial government of Palawan.

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“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,” the COMP said.

The COMP said that local mining bans only stifle sustainable development initiatives. The group  said these provided a “holistic” approach not only for environmental protection but also for “inclusive social development and ethical governance.”

The High Court nullified the 25-year moratorium on large-scale mining activities imposed by the provincial government of Occidental Mindoro and Abra de Ilog, one of the towns in the province.

High Court ruling

In a decision penned by Senior Associate Justice Marvic Leonen, the SC said the provincial government had “exceeded its powers.” LGUs are not authorized by the Philippine Mining Act to impose a blanket ban on large-scale mining within their jurisdiction.

“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,” COMP said.

“In addition to the need for a rational environmental and fiscal regime, the minerals development sector must be fueled by regulatory consistency,” it added.

The COMP said it fully respected the autonomy of LGUs over mining projects within their jurisdiction. But local ordinances “should not negate” the mandate of national statutes.

The group pointed out that LGUs, in issuing such ordinances, should not go against congressional legislation or national policy since their authority comes from Congress.

“It is unconscionable to suggest that LGUs can undo acts of Congress from which the LGUs have derived their powers in the first place,” it added.