
MANILA, Philippines — The Supreme Court (SC) has ruled that the Province of Occidental Mindoro exceeded its authority when it imposed a 25-year moratorium on large-scale mining, declaring the provincial and municipal ordinances null and void for violating national law.
In a decision penned by Senior Associate Justice Marvic M.V.F. Leonen, the SC En Banc said the ordinances issued by the Province and the Municipality of Abra de Ilog were inconsistent with Republic Act No. 7942, or the Philippine Mining Act of 1995.
The ruling stemmed from a case filed by Agusan Petroleum and Mineral Corporation, which challenged the ordinances for interfering with its exclusive rights to conduct mining operations in Mamburao and Abra de Ilog under a government-approved Financial or Technical Assistance Agreement (FTAA).
Agusan argued that the total ban encroached on the State’s control over the exploration, development, and utilization of mineral resources. It also maintained that RA 7942 already contains environmental safeguards, making the blanket prohibition unnecessary.
The Regional Trial Court earlier declared the ordinances void. The Province appealed to the SC, asserting that the measures were a valid exercise of its police power to protect the environment and public welfare. It further argued that RA 7942’s reference to “areas expressly prohibited by law” should include local ordinances.
But the High Court affirmed the RTC’s ruling, stating that while RA 7942 allows local governments to participate in the review of mining applications—particularly through environmental impact assessments—it does not authorize them to impose a sweeping ban on all large-scale mining activities.
The SC clarified that local ordinances do not fall under the term “laws” under Section 19 of RA 7942. It explained that LGUs derive their powers from Congress, and allowing them to override national laws would contradict the constitutional framework.
While acknowledging the police power of LGUs, the SC emphasized that this power must not run counter to national law or the Constitution. It added that regulation of mining activities remains with the State, which is mandated to promote responsible mineral development alongside environmental protection and the safeguarding of affected communities.
In a concurring opinion, Associate Justice Amy C. Lazaro-Javier commended the Province’s environmental advocacy but underscored that good intentions cannot justify the use of powers beyond legal limits. She said the Province could still serve the interests of its people by participating in the proper evaluation of Agusan’s mining application.





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