Trending Now
Republicans’ One, Big, Beautiful Tax Bill Needs a...
Pharmaceutical Pricing Around the World
House Republicans’ Reconciliation Bills Are Derelict on Health...
How Trump Can Lower Drug Prices Without Price...
From Dog Leashes to Potty Breaks: Are We...
USAID’s Legacy of Failure
Congress Set to Boost Federal Debt $5 Trillion
Whether Someone Wants Fluoride or Doesn’t, The Government...
LGUs’ ban on mining ruled unconstitutional
PAGCOR remits P12.67-B dividend to Treasury
  • About Us
  • Contacts
  • Email Whitelisting
  • Privacy Policy
  • Terms and Conditions
DailyProfitTips.com
  • Editor’s Pick
  • Economy
  • Investing
  • Politics
  • World News
EconomyEditor's Pick

LGUs’ ban on mining ruled unconstitutional

by May 14, 2025
May 14, 2025

By Kyle Aristophere T. Atienza, Reporter

LOCAL government units (LGUs) are prohibited by the Constitution and a 1995 law from declaring blanket bans on mining, the Supreme Court (SC) ruled.

The ruling nullified a 25-year moratorium on large-scale mining by Occidental Mindoro and the municipality of Abra de Ilog in that province, which was found to have violated Republic Act (RA) No. 7942 or the Philippine Mining Act of 1995.

It stemmed from a case filed by Agusan Petroleum and Mineral Corp., which argued 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).

The ordinances interfered with the State’s ownership and control over the exploration, development, and use of mineral resources, Agusan Petroleum also argued.

RA 7942 prescribes environmental safeguards that render a total ban unnecessary, it added.

Occidental Mindoro brought the case to the SC after a regional trial court declared the ordinances void.

The province argued that the ordinances were a valid exercise of its police power since their purpose was to protect the environment and the lives and safety of its residents.

The SC said large-scale mining and exploration of mineral resources are legal under the Constitution and the Philippine Mining Act of 1995, adding that it is the State’s duty to promote such activities “to support national development, while also ensuring environmental protection and safeguarding the rights of affected communities.”

Local ordinances are not considered “laws” that can bar mining activity under Section 19 of RA 7942, according to the ruling.

The power of LGUs to issue ordinances comes from Congress, and interpreting “laws” to include local ordinances would, in effect, allow LGUs to override Congressional authority to regulate mining, it said.

RA 7942 gives LGUs the power to approve or deny individual mining applications based on their effects on the environment, livelihoods, and land rights.

“However, the law does not authorize them to impose a blanket ban on all large-scale mining in their area,” the court said.

“Each mining application must be evaluated on a case-by-case basis,” it added.

The High Court noted that all mining applications must undergo environmental impact assessments, which include prior consultation with LGUs.

previous post
PAGCOR remits P12.67-B dividend to Treasury
next post
Whether Someone Wants Fluoride or Doesn’t, The Government Should Not Make That Decision for Them

Related Posts

Republicans’ One, Big, Beautiful Tax Bill Needs a...

May 14, 2025

Pharmaceutical Pricing Around the World

May 14, 2025

House Republicans’ Reconciliation Bills Are Derelict on Health...

May 14, 2025

From Dog Leashes to Potty Breaks: Are We...

May 14, 2025

Congress Set to Boost Federal Debt $5 Trillion

May 14, 2025

Whether Someone Wants Fluoride or Doesn’t, The Government...

May 14, 2025

PAGCOR remits P12.67-B dividend to Treasury

May 14, 2025

37 generating firms cited for not disclosing fuel...

May 14, 2025

Addressing teaching quality is first job in reforming...

May 14, 2025

NGCP notified of ERC decision on rate reset,...

May 14, 2025
Enter Your Information Below To Receive Free Trading Ideas, Latest News And Articles.

    Your information is secure and your privacy is protected. By opting in you agree to receive emails from us. Remember that you can opt-out any time, we hate spam too!
    • About Us
    • Contacts
    • Email Whitelisting
    • Privacy Policy
    • Terms and Conditions

    Copyright © 2023 DailyProfitTips.com All Rights Reserved.

    DailyProfitTips.com
    • Editor’s Pick
    • Economy
    • Investing
    • Politics
    • World News