The Supreme Court (SC) on Thursday said the province of Occidental Mindoro exceeded its powers when it passed ordinances completely banning large-scale mining in its area.
A case was filed by Agusan Petroleum and Mineral Corporation arguing 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).
In a decision penned by Senior Associate Justice Marvic M.V.F. Leonen, the SC en banc nullified the 25-year moratorium on large-scale mining of the province and the municipality of Abra de Ilog as it violated the Philippine Mining Act of 1995.
The High Tribunal explained that all mining applications must undergo environmental impact assessments, which include prior consultations with local government units (LGUs).
The special law also gives the LGUs the power to approve or deny individual mining applications based on their effects on the environment, livelihoods, and land rights of their residents.
However, the law does not authorize them to impose a blanket ban on all large-scale mining in their area, as each mining application must be evaluated on a case-by-case basis.
The SC clarified that while LGUs have police powers to protect the welfare of their residents, they cannot use this power in a way that goes against the Constitution or national laws.
Since the LGUs only derive their authority from Congress, they also cannot regulate or prohibit activities that the state has already allowed.
In her concurring opinion, Associate Justice Amy Lazaro-Javier praised the province for its commitment to protecting the environment but emphasized that good intentions cannot justify the use of powers that go against the law.
According to her, the province can still serve the best interests of its people by properly reviewing and approving Agusan’s mining application.