SC: LGUs cannot ban large-scale mining

The Supreme Court has ruled that local government units (LGUs) cannot impose blanket bans on large-scale mining operations, as this exceeds their powers.

This decision nullified a 25-year moratorium on large-scale mining in Occidental Mindoro and the municipality of Abra de Ilog.

The ruling, stemming from a case filed by Agusan Petroleum and Mineral Corp. (APMC), found that the ban violated Republic Act No. 7942, also known as The Philippine Mining Act of 1995.

APMC argued that the ban infringed upon its exclusive mining rights granted by a government-approved Financial or Technical Assistance Agreement (FTAA) for a 46,050.6483-hectare area in Oriental and Occidental Mindoro towns.

The Court affirmed the Regional Trial Court's 2018 ruling, stating that large-scale mining and exploration are legal under the Constitution and RA No. 7942.

LGUs, despite their autonomy, cannot disregard the Philippine Mining Act and completely ban all large-scale mining activities within their jurisdiction, according to the SC decision penned by Senior Associate Justice Marvic Leonen.

While local governments can prohibit specific mining projects, they do not have the authority to ban all large-scale mining activities within their territorial jurisdiction.