Or. Mindoro not backing down on mining ban
CITY OF CALAPAN—Despite a recent Supreme Court ruling that struck down Occidental Mindoro’s mining moratorium, the vice governor of the nearby province of Oriental Mindoro insists the provincial government still has the power to oppose mining operations in its jurisdiction.
Vice Governor-elect Antonio “Jojo” Perez Jr., who coauthored Provincial Ordinance No. 131-2022 with Board Member Rafael Infantado, said local authorities remained empowered to protect the environment through legal means.
Oriental Mindoro’s mining moratorium was passed in 2002, under Provincial Ordinance No. 01-2002. In 2022, the moratorium was extended to 25 years starting in 2027.
The ordinance extends the province’s ban on all forms of large- and small-scale mining.
Ordinances No. 01-2002 and No. 28-2013, which cover the mining ban, remain in effect until 2027.
Earlier, the Supreme Court had nullified the 25-year moratorium on large-scale mining imposed by Occidental Mindoro and one of its municipalities, Abra de Ilog, in 2009,
The high court found the ban to be in violation of Republic Act No. 7942, or the Philippine Mining Act of 1995, as it upheld the legal challenge raised by a company that had plans to mine four towns on Mindoro Island for gold and silver.
In a 31-page decision promulgated on Jan. 14 but released only on May 14, the SC ruled that Occidental Mindoro exceeded its powers when it passed ordinances completely banning large-scale mining in its area.
The Supreme Court’s decision on G.R. No. 248932 affirmed the decision of the regional trial court of Mamburao, Occidental Mindoro, invalidating the moratorium order.
“The exploration, development and utilization of mineral resources necessarily affects the environment. However, with regard to addressing environmental concerns relevant to mining activities, the local government unit’s (LGU) exercise of its powers under the Local Government Code must be consistent with the provisions of RA 7942, a later legislative enactment specially regulating mining,” the high court said.
Consultation
Still, Perez, a lawyer, pointed out that the SC ruling affirms the importance of free and prior informed consent (FPIC) and public consultation, giving local governments the authority to assess mining projects, raise objections and withhold approval when necessary.
“From then until now, my position has remained clear —mining has no place in our province,” Perez said in his statement.
He expressed support for House Bill No. 3891 and HB 6219, filed in 2022 by Oriental Mindoro Representatives Arnan Panaligan (first district) and Alfonso Umali (second district).
These bills seek to ban all forms of mining across Mindoro Island—including black sand mining, armor rock extraction and other mineral operations.
“I will stand with you and leave no one behind in this fight for the environment and for the future of our province,” said Perez, who also served as vice governor from 2019 to 2022.
“Upon my return to the provincial council, I will include, listen to and follow Mindoreños in prioritizing environmental protection. I will support the refiling of House Bills 3891/6219 in Congress and the initiative of the provincial government to stop mining in Oriental Mindoro,” he added.
