The Committee on Environment and Protection of Natural Resources held its first meeting with other Palaweño stakeholders on Tuesday, focusing on the Sangguniang Panlalawigan’s authority and power in passing an ordinance for a 25-year mining moratorium in the province.
“It is a question of law. Is it within our powers as the Sangguniang Panlalawigan to craft such an ordinance para dito?” Board Member Rafael Ortega Jr. stated during his opening remarks at the committee hearing, emphasizing that the council was uncertain whether they were legally vested with the right to enact an ordinance halting mining activities.
The proposed moratorium would allocate 25 years for researching Palawan’s carrying capacity for additional mining activities. During this period, no new companies would be permitted to apply for mining rights, and existing ones would face operational limitations.
If enacted by the provincial council, the ordinance would significantly alter the economic landscape of southern Palawan, which heavily depends on mining companies.
Ortega explained that their inaction stemmed from a legal opinion provided by the Provincial Legal Office (PLO), which stated that Republic Act No. 7942, or the Philippine Mining Act, is a national law and would therefore require approval from the appropriate national agencies—namely, the Department of Environment and Natural Resources (DENR) and the Mines and Geosciences Bureau (MGB).
This was affirmed during the hearing by attorneys Jethro Palayon and Noel Aquino, from the PLO and the provincial government’s Environment and Natural Resources Office (PG-ENRO), respectively.
They were among the stakeholders invited to the committee hearing, which included directors and representatives from the provincial offices of the Department of the Interior and Local Government (DILG), the Department of Trade and Industry (DTI), the National Commission on Indigenous Peoples (NCIP), the Palawan Council for Sustainable Development (PCSD), the Environmental Legal Assistance Center (ELAC), and the Apostolic Vicariates of Taytay and Puerto Princesa (AVT, AVPP).
Palayon noted that while the application of Section 8 of RA 7942 was correct, the implementing rules and regulations (IRR) of the Philippine Mining Act grant local governments the power to participate in the approval and endorsement of projects.
“Tama po yung sinabi ni [DILG] Director Tagle na Section 26 and 27 of the Local Government Code requires prior consultation with the local government concerned. Sa akin pong pagkakaalam, bilang legal officer, walang batas na nagbabawal sa local government sa pagpasa ng ordinansa sa moratorium,” he said.
Palayon also cited Board Member Nieves Rosento’s statement, highlighting that other provinces in MIMAROPA had already enacted mining moratoriums without facing legal challenges.
Similarly, Aquino emphasized that the ordinance should be “airtight” in its wording to minimize potential legal challenges. While the MGB would approve applications and forward them to the local government for endorsement, the Palawan provincial council remained concerned about whether passing an ordinance that fully prohibited new mining applications could be deemed “unconstitutional.”
Aquino referenced the case of League of Provinces of the Philippines vs. DENR Secretary Angelo Reyes, in which it was ruled that local government units (LGUs) do not have full sovereignty within the state.
Both Palayon and Aquino stated that their offices would draft a formal legal opinion and submit it to the provincial board before February 7.
Representatives from mining companies currently operating in Palawan—including Rio Tuba Nickel Mining Corporation (RTNMC), Coral Bay Nickel Corporation (CBNC), Citinickel Mines and Development Corporation (Citinickel), and Berong Nickel Corporation (BNC)—were also present at the committee hearing.
However, representatives from the local offices of the Department of Environment and Natural Resources (PENRO) and the Mines and Geosciences Bureau (MGB) were unable to attend, prompting the scheduling of a second committee hearing on February 12.
