A year after Palawan imposed a 50-year ban on new mining permits, local government endorsements and unregulated operations have cast doubt on whether the policy is protecting the province’s forests, watersheds, and communities, according to the Environmental Legal Assistance Center (ELAC).
The group decried that despite the moratorium, municipal councils in some towns, including Brooke’s Point, have approved continued operations of mining companies. At the same time, applications for new mining permits, expansion plans, and tree-cutting approvals continue to move forward.
“A recent endorsement by the Sangguniang Bayan of Brooke’s Point for the continued operations of a mining company — alongside reports of ongoing mining applications, expansion plans, and tree‑cutting permits in different parts of the province — highlights a growing disconnect between policy intent and actual practice,” ELAC said.
A moratorium meant to protect Palawan
The 50-year ban, enacted under Provincial Ordinance No. 3646 in March 2025, was intended to halt approvals of new mining projects and allow a thorough review of their environmental, social, and economic impacts.
Palawan, often called the Philippines’ “last ecological frontier,” is home to extensive old-growth forests and rich biodiversity, increasingly threatened by nickel and other mineral extraction.
“The passage of the 50‑Year Mining Moratorium under Provincial Ordinance No. 3646 was widely recognized as a landmark step toward protecting Palawan’s fragile ecosystems and safeguarding the rights and livelihoods of its communities,” ELAC said.
“It signaled a strong commitment to place environmental integrity and sustainable development at the forefront of the province’s priorities,” they added.
But ambiguity over whether the moratorium covers expansions of existing mines has fueled confusion among regulators and local officials.
“The ordinance was designed to pause new mining activities and allow for a comprehensive review of their environmental, social, and economic impacts,” they said.
“However, the continued processing of applications, operational expansions, and local endorsements suggests that the boundaries of the moratorium remain unclear—or inconsistently applied,” they added.
Oversight council still missing
Under the ordinance, a Mining Moratorium Council (MMC), a multi-sectoral body responsible for clarifying permitted activities and monitoring compliance, should be convened. But ELAC said the council has yet to be fully constituted.
According to them, without the council, monitoring is fragmented, and local and provincial decisions risk misalignment. Communities, including Indigenous Peoples, farmers, and fisherfolk, are left uncertain and vulnerable.
“Without this body: There is no centralized mechanism to interpret the ordinance; monitoring of mining-related activities remains fragmented; local and provincial actions risk becoming misaligned; communities are left in a state of uncertainty and vulnerability,” ELAC said.
Communities bear the brunt
Municipal governments play a central role in permitting projects, ELAC said. Without guidance from a provincial oversight body, local endorsements can undermine the broader objectives of the moratorium.
“Without guidance, local endorsements may undermine the spirit of the moratorium, create precedents that weaken enforcement, and increase the risk of environmental and social harm,” they noted.
Based on ELAC’s monitoring, mining has already caused deforestation, river sedimentation, and impacts on farming and fisheries. According to community reports, Indigenous Peoples, farmers, and fisherfolk continue to report threats to ancestral lands and livelihoods.
“Across Palawan, Indigenous Peoples, farmers, fisherfolk, and local residents continue to raise concerns about environmental degradation, loss of livelihoods, threats to ancestral lands, and social divisions within communities,” ELAC said.
Supporters of the moratorium framed it as a response to decades of unresolved environmental damage.
“These concerns were among the very reasons the moratorium was enacted,” ELAC said.
Recommendations for stronger enforcement
ELAC urged the immediate formation of the MMC, clear rules on the moratorium’s scope, stronger coordination between provincial and municipal governments, meaningful participation of local communities, and transparent, science-based monitoring of mining activity.
“Key steps forward include: The immediate constitution of the Mining Moratorium Council; the issuance of clear guidelines on what is allowed and prohibited under the moratorium; stronger coordination between provincial and municipal governments; meaningful participation of communities and Indigenous Peoples in decision-making; transparent and science-based monitoring of mining-related activities,” ELAC said.
National significance
Critics warn that Palawan’s moratorium has broader implications. Rising demand for nickel and other minerals for electric vehicles and renewable energy has intensified debates over economic growth versus environmental protection.
A 2025 Supreme Court decision overturning a similar mining ban in another province highlighted the legal uncertainties of local versus national governance.
“The 50-Year Mining Moratorium represents a collective commitment to protect Palawan’s future,” ELAC said.
“But a policy, no matter how well-intentioned, is only as strong as its implementation. At stake is not only the integrity of a provincial ordinance, but the survival of ecosystems, the protection of rights, and the future of communities that have long depended on Palawan’s natural wealth. The question now is not whether the moratorium exists, but whether it is being upheld,” they added.
