MANILA, Philippines — The Supreme Court’s decision to nullify the mining ban in Occidental Mindoro creates a “more secure” investment climate for the industry, removing uncertainty caused by local bans, a nickel industry group said.
The Philippine Nickel Industry Association (PNIA) hailed the SC’s recent landmark decision to nullify the 25-year mining ban imposed by the province of Occidental Mindoro.
“This ruling holds profound significance not just for the mining sector, but also for maintaining the delicate balance between local government authority and national laws,” the group said.
“We commend the High Court’s decisive stance in upholding the rule of law, which clarifies the regulatory framework for mining in the Philippines and marks a pivotal step in enhancing the competitiveness of the mining industry while fostering its sustainable development,” it added.
PNIA said it supports the SC’s reaffirmation of environmental protection as integral to mining but within the boundaries of national laws.
The group said it agrees that mining projects should undergo rigorous environmental assessments and consultations with stakeholders to ensure that they adhere to the “highest” environmental standards.
The High Court’s ruling does not only clarify legal ambiguities in mining governance but also sets a “crucial” precedent for future policy discussions, according to PNIA.
“PNIA believes that this decision paves the way for a more consistent, sustainable, and inclusive mining policy framework that fosters economic growth while protecting the environment,” the group said.
Meanwhile, non-government organization Alyansa Tigil Mina (ATM) expressed disappointment over the SC ruling, which it noted “seemingly” reduced the police powers of the local government units (LGUs) over industries.
“But we take note of the clear legal reasoning of (Associate) Justice (Marvic) Leonen that LGUs must exercise all their powers and then decide to approve or disapprove specific mining projects only, and that a blanket ordinance that prohibits any and all mining projects in their locality is not justified,” the group said.
ATM said it is now asking different legal groups and public interest law organizations to review the SC decision so that environmental and climate justice networks may be able to craft local responses with concerned LGUs.
“This SC decision only means we have to calibrate our approach and make interventions to biodiversity protection, climate resilience and sustainable development while using all the available powers and platforms of local autonomy,” the group said.
