Palace: Mining EO can withstand judicial scrutiny

MANILA, Philippines - Malacañang gave assurances yesterday that President Aquino’s new executive order on mining, described as a comprehensive policy regulating the industry, will be able to withstand judicial scrutiny.

“We are prepared to defend it. That is usually the case whenever the executive comes out with an executive order or even an AO (administrative order), an MC (memorandum circular), an MO (memorandum order). We’re ready if this is challenged (in court),” deputy presidential spokesperson Abigail Valte said.

Valte told state-run radio dzRB that critics should wait for the government to release the EO, which she described as a product of multi-level consultations with stakeholders.

She said the new mining EO is a “more comprehensive policy” that will do away with recurring concerns over small-scale miners, where government “took into consideration the voices of the stakeholders” concerned.

Valte’s boss, Edwin Lacierda, confirmed Saturday last week that Aquino signed the EO, which aims to generate more revenues for the government and address mining industry and environmental concerns.

Executive Secretary Paquito Ochoa Jr. will release the new mining policy this week.

Lacierda said Environment Secretary Ramon Paje will also hold a press briefing to explain the executive order.

The spokesman stressed that the administration conducted extensive consultations with mining stakeholders before it finalized the new mining policy.

The government crafted the new mining policy that would be beneficial for both the government and mining investors.

With the crafting of the new policy, the Aquino administration hopes to generate more revenues in the face of high demand for metallic resources.

The new EO also aims to balance out concerns on environment protection and economic gains.

Lion’s share

Aquino earlier promised to reduce significantly the 98 percent profit of miners and cut this by as much as 30 points, to as low as 68 percent, and increase the government’s take – by means of taxes – from the measly two percent to 32 percent.

“I think the division of profit is not fair,” Aquino said, adding that the EO will address the issues of all concerned, especially after the series of consultations.

The EO is also expected to list down tourism areas where mining will be banned, or the 78 ecotourism sites. The mining policy guideline also includes provisions on environmental degradation, safety issues, and dislocation of indigenous peoples.

Ochoa said the EO will strike a balance between the interests of the mining industry and the environment because it seeks to harmonize the conflicting national and local laws on mining, especially in terms of approving and handling mining applications.

‘Not the proper solution’

However, Father Edu Gariguez, executive secretary of the Catholic Bishops’ Conference of the Philippines’ (CBCP) National Secretariat for Social Action (NASSA), said the various issues on mining operations in the country could not be totally addressed by a mere executive order.

Gariguez said the passage of Alternative Minerals Management Bill (AMMB) in Congress has become more urgent with President Aquino’s recent signing of the executive order on mining.

“There is a need to push for this AMMB because that EO is not the solution to our problem. The Chamber of Mines rejoicing is already an indicator that this EO actually favors mining companies,” he said in a recent interview. – Helen Flores