The recently approved Ordinance 3646, imposing a 50-year ban on the endorsement of new mining applications in the province of Palawan, “stands on solid ground legally and environmentally,” contrary to what mining industry groups have stated, an environmental protection advocate said.
After the ordinance was approved by the Sangguniang Panlalawigan last March 5, the Chamber of Mines of the Philippines and the Philippine Nickel Industry Association issued separate statements assailing it as “myopic” and claiming that it goes against national laws and the Constitution.
Environmental Legal Assistance Center (ELAC) Executive Director Atty. Grizelda Mayo-Anda, however, said she believes it is the other way around.
“First, hindi shortsighted or myopic yung ordinance kasi 2008 pa yan nagsusulong na. With all due respect to them, they appear to be blind to the socio-economic and environmental impact of mining in the last 60 years,” Mayo-Anda said in a telephone interview.
She said the restoration efforts being conducted by mining firms have not been fully achieved, complaints from farmers about the effects on their farmlands and fishery areas have not been properly addressed, and compensation is insufficient.
“Those issues continue to haunt our communities in Narra and Española. They were not resolved. I have seen for more than 30 years that the complaints have not been addressed. Pagod na yung mga tao magreklamo because it is difficult to file a case,” she lamented.
She also said recent studies and assessments conducted in Mount Bulanjao and Mount Mantalingahan show that ecosystems, goods, and services are far more valuable compared to the minerals there.
“They have to read the high conservation value assessment studies on Mount Bulanjao and the total economic valuation study in Mount Mantalingahan, first made in 2009 and updated in 2017,” she explained.
More importantly, however, she said she has repeatedly emphasized Section 9 of Republic Act 7611, or the Strategic Environmental Plan for Palawan (SEP Law), which prohibits extractive activities in natural growth forests.
“This is the only law, a unique law that protects natural forests. You do not find that anywhere else in the country,” she said.
“You do not find that anywhere else in the country because what you find under the Mining Act (RA 7942) is the old-growth forest.”
She further stated that, in relation to the SEP Law, Section 19 of the Mining Act also prohibits mining in certain areas in the country, which makes nickel mining in Palawan legally contentious and assailable.
Additionally, she cited Section 16 of RA 7160, or the Local Government Code, which she said has been ruled upon by the Supreme Court, upholding the power of local government units “to shape their development destiny and determine which development plan they want.”
“The moratorium is on endorsement, and that is clear. An endorsement is necessary before a mineral agreement is supposed to be approved and before the authority to operate is given,” she said.
“The role of the LGU is clear, and I think the laws are on the side of preserving Palawan’s biodiversity and environment. They have to realize that the value of ecosystems, goods, and services far outweighs the value of the minerals,” she added.
She likewise mentioned that there were other provinces—Capiz, Eastern Samar, Marinduque, Mindoro, and Romblon—that passed ordinances declaring mining moratoriums earlier than Palawan, but these have not been contested so far.
“There is [no] SC decision declaring the unconstitutionality of their ordinances, so why declare Palawan’s?” she said.
Moreover, she said Palawan needs to conserve and protect its forests to sustain climate resilience.
“If we have no forest, we are vulnerable to flooding. And we have seen that. Let’s say kaingin and illegal logging are contributory—mining will aggravate it because you will remove thousands of trees and the topsoil,” she said.
She also said she hopes that there will be no legal challenge, but it can be anticipated.
If ever there will be a case, she also sees it as a good opportunity to assert the SEP Law and other environmental laws.
