CHURCH leaders and environmental groups were up in arms as the Supreme Court nullified the 25-year mining moratorium in Occidental Mindoro province and the town of Abra de Ilog in the central Philippines.
The Apostolic Vicariate of San Jose–Caritas Occidental Mindoro expressed “deep concern” over the implications of the High Court's decision on May 15, saying the experience of communities across Occidental Mindoro “reveals that large-scale mining projects, though legal, often threaten the sacred harmony between people, land, and life.”
Jing Rey Henderson, head of the national Ecology Program for Caritas Philippines, the social action arm of the Catholic Bishops’ Conference of the Philippines (CBCP), said the decision “might also present us with the opportunity to reclaim our right and duty as communities and local government units to be more vigilant, collectively voice out and defend the rights of communities, and heighten the local accountability mechanisms in governance to break the cycle of ‘business-as-usual’ politics that prioritize corporate interests over the common good.”
“While we recognize the power and influence of national laws and regulations, and the appeal of continued dialogue, the decision undermines the autonomy of local government units and the democratic will of communities who have long protected their land, water, and way of life,” Henderson told SunStar Philippines.
As this developed, a nickel industry group welcomed the ruling, saying it “holds profound significance not just for the mining sector, but also for maintaining the delicate balance between local government authority and national laws.”
In a statement, the Philippine Nickel Industry Association maintained that the High Court’s affirmation of the legality of mining under Republic Act 7942, otherwise known as the "Philippine Mining Act of 1995," is a pivotal win for the industry.
“It removes the uncertainty caused by local bans, creating a more secure investment climate,” the nickel industry group said on May 15.
According to the court ruling, the mining moratoriums in Occidental Mindoro “are too broad and therefore void.”
It added that local governments “cannot exercise their power contrary to the Constitution, Republic Act No. 7160 [The Local Government Code of 1991], or any other existing statute enacted by Congress.”
Meanwhile, leading anti-mining group Alyansa Tigil Mina said the decision brings “clear repercussions for existing local efforts to resist destructive and irresponsible mining,” as it “seemingly reduces the police powers of local government units.”
“The Supreme Court has effectively stripped communities and local governments of their power to protect their lands, watersheds, and livelihoods from the well-documented destruction caused by extractive industries,” added Kalikasan People’s Network for the Environment in a separate statement.
On May 18, Occidental Mindoro lawmaker Leody Tarriela told the media that “environmental protection should be paramount,” while expressing his disappointment over the decision.
In 2009, a 25-year mining moratorium was passed by Occidental Mindoro after the Department of Environment and Natural Resources (DENR) revoked an Environmental Compliance Certificate (ECC) it had previously issued to Intex for the Mindoro Nickel Project (MNP), a report from Radio Veritas Asia said on May 19.
Oriental Mindoro province earlier approved a 25-year mining moratorium in 2002, banning any foreign and large-scale mining operations on the island after the Mineral Production Sharing Agreement (MPSA) related to MNP was canceled by the DENR, the report said.
“The MNP is a mining project by a Norwegian mining firm, Intex Resources ASA, and its local subsidiaries, Intex Resources Philippines, Inc., and Aglubang Development Corporation. In the MNP, Intex plans to mine 1.2 million tons of nickel in an 11,315-hectare concession area located in Victoria, Oriental Mindoro, and Sablayan, Occidental Mindoro,” the report added. (Ronald Reyes/SunStar Philippines)