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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The Province of Occidental Mindoro exceeded its powers and authority when it completely banned all large-scale exploration and mining operations within its territorial jurisdiction, in contravention of Republic Act No. 7942 or the Philippine Mining Act of 1995.
Abra de Ilog Municipal Ordinance No. 106-2008, Series of 2008, was approved by the Sangguniang Panlalawigan of Occidental Mindoro on July 14, 2008, declaring a 25-year moratorium on large-scale mining in the Municipality of Abra de Ilog, Occidental Mindoro. Similarly, Provincial Ordinance No. 34-09, was adopted by the Sangguniang Panlalawigan of Occidental Mindoro through Resolution No. 140, 7 Series of 2009.
On October 16, 2008, respondent Agusan Petroleum and Mineral Corporation, a contractor for large-scale mining, entered into a Financial or Technical Assistance Agreement No. 03-2008-IVB with the Republic of the Philippines, through then Executive Secretary Eduardo Ermita, on behalf of then President Gloria Macapagal-Arroyo. Under the FTAA, Agusan Petroleum is given the exclusive right to explore, mine, utilize, and market minerals that may be derived from 46,050.6483 hectares of land located at Baco, San Teodoro and Puerto
Galera in Oriental Mindoro, and Mamburao, and Abra de Ilog in Occidental Mindoro.
On October 13, 2014, Agusan Petroleum filed a Petition for Declaratory Relief with the Regional Trial Court (RTC), challenging the validity and constitutionality of the subject Ordinances and Resolutions.
The Office of the Solicitor General (OSG), in its Comment, alleged that the Ordinances and
Resolutions were enacted by the two (2) local government units pursuant to their delegated police power under the general welfare clause, Section 16 of Republic Act (R.A.) No. 7160, and in accordance with the devolution of powers under Article X, Section 3 of the Constitution.
Agusan Petroleum filed a Motion for Summary Judgment on the ground that there was no issue of fact, which the RTC granted and declared as unconstitutional and contrary to law the assailed Ordinances and Resolutions.
Hence, this petition, filed by the Province of Occidental Mindoro, through its provincial legal officer.
The issue in this case is whether or not the RTC erred in declaring void the assailed Ordinances and Resolutions imposing a 25-year moratorium on large-scale mining in the Municipality of Abra de Ilog, Occidental Mindoro and Province of Occidental Mindoro.
The Supreme Court Decides
The Supreme Court denied the petition. The RTC correctly declared invalid the assailed Ordinances and Resolutions of the Municipality of Abra de Ilog, Occidental Mindoro, and the Province of Occidental Mindoro, which imposed a 25-year moratorium on large-scale mining activities within their territory. The Ordinances and Resolutions are too broad, exceed the scope of the local government units’ powers under the Local Government Code and contravene Article XII, Section 2 of the Constitution and relevant provisions of R.A. No. 7942.
R.A. No. 7942 already provides stringent measures to safeguard the environment. In the exercise of their autonomy, local government units cannot disregard R.A. No. 7942 and completely ban altogether all large-scale mining activities within their jurisdiction. What the national legislature expressly allows, the local government units may not disallow by ordinance or resolution. On the other hand, local government units must actively participate and coordinate with the DENR in the full enforcement of the law within their locality. With regard to the requirement of prior informed consent under the R.A. No. 7160 in relation to R.A. No. 7942, local governments have the authority to evaluate each application for a mining project to be conducted within their area, express their concerns or objections thereto, and/or withhold their approval, if these concerns are not addressed.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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