The Philippine Supreme Court has upheld a 2018 ruling that nullified ordinances imposed by Occidental Mindoro province and the Municipality of Abra de Ilog that sought to ban large-scale mining for 25 years, declaring the measures unconstitutional.
In a unanimous 30-page decision penned by Associate Justice Marvic Leonen, the Court en banc ruled that the ordinances violated Republic Act No. 7942, or the Philippine Mining Act of 1995, which governs the development and regulation of the country’s mineral resources.
“While the Constitution recognizes the autonomy of local government units, it does not extend to vetoing a national law,” the Supreme Court said.
The decision arose from a petition filed by Agusan Petroleum and Mineral Corporation (APMC), which challenged the validity of the ban, arguing that it infringed on its rights under a government-approved Financial or Technical Assistance Agreement (FTAA).
APMC contended that local ordinances cannot override national mining policies that already include environmental safeguards implemented by the Department of Environment and Natural Resources and the Mines and Geosciences Bureau.
Occidental Mindoro defended the moratorium as a valid exercise of police power meant to protect its environment and residents, while Abra de Ilog argued that the FTAA was issued without proper consultation with affected communities.
The Supreme Court rejected these defenses, noting that local governments cannot enact measures that contradict national laws. It found the blanket ban on large-scale mining overly broad and inconsistent with the Mining Act, which requires a case-by-case evaluation of mining applications rather than outright prohibition.
The ruling reinforces national government authority over mining policy while limiting the ability of local governments to unilaterally impose sector-wide bans.
Mining News Philippines
