SC tackles constitutionality of Mining Act

MANILA, Philippines - The Supreme Court (SC) will take a second look into constitutional issues regarding Republic Act 7942 or the Philippine Mining Act of 1995 as it tackles petitions of lawmakers against the widely criticized law during oral arguments in court’s summer session on April 16 in Baguio City.

In the guidelines released last Friday, the high court listed four common issues in the petitions filed by Quezon 4th district Rep. Lorenzo Tañada III, Bayan Muna party-list Rep. Teddy Casiño and former Akbayan party-list Rep. Risa Hontiveros.

The debate will tackle the legal standing of the petitioners and whether or not the legal questions they raised can be subject to judicial review.

The SC also directed parties to argue on whether or not it could still rule on the case given that it had already decided on a similar case of La Bugal-B’laan Tribal Association vs. Ramos administration in December 2004.

Lastly, the high court wanted the petitioners and respondents to discuss the “alleged adverse effects of mining to the environment, health of the community and human dignity.”

The high tribunal has listed 12 distinct contentions raised by petitioners which will also be debated upon.

“Each of the parties, through their respective counsel, shall have 30 minutes to present their arguments. The time allotted for counsels to argue and counter-argue shall be exclusive of the interpellation by the members of the Court,” read the advisory signed by SC clerk of court Enriqueta Vidal.

Justice Marvic Leonen will not participate in the oral argument. He inhibited from the case since he served as legal counsel of La Bugal in the earlier case.

Department of Environment and Natural Resources (DENR), Hallmark Mining Corp. and Austral-Asia Link Mining Corp. were named respondents in the petitions filed last January.