CEBU, Philippines – The Minerals Development Council clarifies its position in response to local government unit ordinances and resolutions imposing moratorium on mining.
MDC executive director and Department of Environment and Natural Resources Senior Undersecretary Ramon JP Paje issued a memorandum to all regional MDCs clarifying that DENR remains the primary agency responsible for the conservation, management, development and proper use of the State’s mineral resources.
The memorandum is pursuant to Sections 8 and 9 of Republic Act 7942, otherwise known as the Philippine Mining Act of 1995.
Paje said that the enforcement of RA 7942 on small or large-scale mining is retained with the national government and is not within the ordinance-making power of the Sangguniang Panlalawigan.
This after some municipalities were found to have passed ordinances or resolutions opposing mining or with provisions inconsistent with the national policy on mining.
In Central Visayas, the Regional Mines Development Council has recorded 12 municipalities that have committed the error. These 12 towns include Consolacion and Medellin in Cebu; Loon, Duero, Guindulman and Buenavista in Bohol; Maria, Siquijor, Enrique Villanueva, San Juan and Larena in the province of Siquijor.
MGB-7 information officer Eddie Llamedo said that ordinances passed by these municipalities will be held ineffective under the provisions of various national policies.
Paje said that Department of Justice Opinion No. 8, series of 2005 states that freedom to exercise contrary views does not mean that local governments may actually enact ordinances that go against laws enacted by Congress such as RA 7942.
“The LGU ordinances and resolutions can not undo the legislations promulgated by Congress,” Paje said. — Jessica Ann R. Pareja/MEEV (THE FREEMAN)