Supreme Court Clarifies Local Government Powers in Mining Decision

The Supreme Court's recent decision on large-scale mining in the Philippines has clarified the legal bounds of local government units (LGUs) in relation to national laws. In rejecting the 25-year moratorium on mining imposed by Occidental Mindoro and one of its municipalities, the high court emphasized that LGUs' exercise of powers under the Local Government Code of 1991 must be consistent with the provisions of Republic Act No. 7942 (The Philippine Mining Act of 1995). While LGUs enjoy local autonomy, this is "limited and confined within the extent allowed by the national government" and national laws.

Key Takeaways:

• The Supreme Court did not favor miners at the expense of environmentalists, but rather clarified the legal bounds of LGUs' powers in relation to national laws.
• The province's blanket prohibition on all large-scale mining activities is too broad and therefore void, according to the high court decision.
• LGUs can review and approve or reject mining applications on a case-by-case basis, taking into account the social acceptability and impact on the environment of the project.
• The decision now places the burden of protecting the environment against irresponsible mining on the shoulders of LGUs, the Department of Environment and Natural Resources (DENR), civil society groups, and affected residents.
• Local officials, residents, and civil society groups can establish their own rules to limit mining activities and hold mining companies accountable for compliance with stringent requirements imposed by the DENR and the mining law.
• Mining companies must comply with DENR's requirements and prove that the mining project is sustainable, taking into account the interests of local communities and the environment.

Statistics:

• 46,050 hectares: the size of the mining property of Agusan Petroleum and Mineral Corp.
• 25 years: the duration of the moratorium on mining imposed by Occidental Mindoro and one of its municipalities
• 50 years: the length of the moratorium on new mining applications imposed by the island of Palawan
• 3: the number of main criteria for evaluating mining applications, including social acceptability, impact on the environment, and livelihood, land rights of local constituents.

Sources:

• Supreme Court decision written by Senior Associate Justice Marvic Leonen
• Associate Justice Amy Lazaro-Javier's concurring opinion
• Occidental Mindoro Gov. Eduardo Gadiano's reaction to the ruling
• Norman Novio's statement as Sablayan municipal administrator and former program coordinator of the social action center of the Apostolic Vicariate of San Jose.