Supreme Court Strikes Down Occidental Mindoro Mining Ban

The Supreme Court has invalidated a 25-year mining moratorium imposed by Occidental Mindoro province, ruling that local governments cannot override national mining laws.

In a decision authored by Senior Associate Justice Marvic Leonen, the high court found that Occidental Mindoro and the Municipality of Abra de Ilog exceeded their authority by implementing a total ban on large-scale mining operations within their jurisdictions.

“Local government units cannot use their police powers in a manner that contravenes the Constitution or national legislation,” the court ruled, stating that the ordinances violated the Philippine Mining Act of 1995 (Republic Act 7942).

The case originated from a petition filed by Agusan Petroleum and Mineral Corporation, which argued that the ban infringed on its exclusive mining rights granted under a government-approved Financial or Technical Assistance Agreement (FTAA).

According to the court, while local governments have the power to review and approve individual mining applications based on environmental impact assessments, they cannot impose blanket prohibitions on mining activities permitted under national law.

“The law does not authorize local governments to implement a sweeping ban on all large-scale mining in their territories. Each application must be evaluated on its individual merits,” the court said.

The Philippines, with an estimated $1 trillion in untapped mineral resources including copper, gold, and nickel, has struggled to balance mining development with environmental concerns. The sector contributes less than 1% to GDP but represents huge potential for economic growth.

The Supreme Court ruling comes as residents and environmental groups protest ongoing sand dredging activities in Occidental Mindoro.

In recent years, several provinces have attempted to restrict mining activities, citing environmental protection and community welfare.

In her concurring opinion, Associate Justice Amy Lazaro-Javier acknowledged Occidental Mindoro’s environmental protection efforts but pointed out that “good intentions cannot justify actions that exceed legal boundaries.”

Mining operations in the country remain controversial, with advocates stressing economic benefits while critics point to past environmental disasters, including the 1996 Marcopper mining disaster in Marinduque that contaminated the Boac River with toxic mine tailings.

President Ferdinand “Bongbong” Marcos Jr. has expressed support for responsible mining as part of his economic agenda, lifting a moratorium on new mining agreements in 2022 that had been imposed by his predecessor.